Karnataka High Court
Smt M N Geetha vs Chola Ms General Insurance Co Ltd on 16 February, 2022
Bench: P.S.Dinesh Kumar, P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE P.KRISHNA BHAT
M.F.A.No.3586 OF 2021 (MV-D)
BETWEEN:
1. SMT. M.N. GEETHA,
W/O. RAMESH K,
AGED ABOUT 43 YEARS
2. MR. RAMESH K,
S/O. LATE KRISHNAPPA,
AGED ABOUT 48 YEARS
3. MASTER PREETHAM,
S/O. RAMESH K,
AGED ABOUT 20 YEARS
ALL ARE RESIDING AT
NO.11, DR. DARABENDRE ROAD,
MUNESHWARA NAGARA
HEROHALLI, SUNKADAKATTE,
BENGALURU-560 091.
...APPELLANTS
(BY SHRI.R.KRISHNA REDDY, ADVOCATE)
AND:
1. CHOLA MS GENERAL INSURANCE CO., LTD.,
NO.4, 9TH FLOOR, LEVEL-6,
GOLDEN HEIGHTS COMPLEX,
59TH CROSS, INDUSTRIAL SUBURB,
RAJAJINAGAR 4TH 'M' BLOCK
BENGALURU-560 010.
2
2. MANAGING PARTNERS EVER GREEN CONG,
PROP. ANIL S.M.
NO.350, 1ST FLOOR
GULLAREDDY LAYOUT
CHANDAPURA, ANEKAL
BENGALURU-560 099
...RESPONDENTS
(BY SHRI.H.S. LINGARAJ, ADVOCATE FOR R.1;
VIDE ORDER DATED 22.12.2021-NOTICE TO
R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.04.2021 PASSED IN
MVC NO.4350/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT,
BENGALURU, PARLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the claimants seeking enhancement
of compensation is filed challenging the judgment and
award dated April 20, 2021, in MVC.No.4350/2018 passed
by XVII Additional Judge, Court of Small Causes &
Member, Motor Accidents Claims Tribunal, Bengaluru.
2. For the sake of convenience, parties shall be referred
as per their status before the Tribunal.
3. Heard Shri.R.Krishna Reddy, learned advocate for
the claimants and Shri.H.S.Lingaraj, learned advocate for
the insurer.
4. First claimant's son Shri Goutham sustained grievous
injuries in a road traffic accident on 09.04.2018,
when a Lorry bearing registration No.KA-43-5153 coming
from opposite side dashed against the Motor Cycle bearing
registration No.KA-41-EB-4255, which the deceased was
riding. He succumbed to the injuries on the spot.
On adjudication of the claim petition, Tribunal has awarded
Rs.11,85,000/-.
5. Shri Reddy for the claimants submitted that
deceased was working as Machine Tool Sales Executive
and earning Rs.30,000/- per month. Learned Tribunal
has erred in considering the notional income of the
deceased as Rs.10,000/- p.m., and accordingly sought for
enhancement.
6. Claimants have not produced any document before
the Tribunal to substantiate their claim that Shri Goutham
was earning Rs.30,000/- per month. In the absence of
any proof of income, this Court has been consistently
considering the notional income of an able bodied person
in the year 2018 as Rs.12,500/- p.m.
7. Deceased was aged 23 years and hence the
applicable multiplier is 18% and future prospects is to be
added at 40%.
8. Claimants No.1 and 2 are the parents and claimant
No.3 is the younger brother of the deceased.
They are entitled for Rs.40,000/- each towards
consortium. Since, deceased was a bachelor, 50% is
deductible from the earnings of the deceased while
calculating loss of dependency.
9. Thus, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out to
Rs.17,500/- (Rs.12,500+5,000) [by adding 40% towards
future prospects (Rs.12,500*40%=Rs.5,000/-)].
After deducting 50%, it works out to Rs.8,750/- per
month (Rs.17,500*50%). The Annual notional income
works out to Rs.1,05,000/- (Rs.8,750*12). By applying
18 as multiplier, the loss of dependency works out to
Rs.18,90,000/- (Rs.1,05,000*18).
10. The total compensation is re-computed as follows;
Sl.No. Description Amount
a. Loss of dependency Rs.18,90,000
b. ADD:Consortium
Rs.1,20,000
(Rs.40,000*3)
c. ADD: Conventional heads;
Rs.30,000
funeral expenses, etc.,
d. Total (a+b+c) Rs.20,40,000
e. LESS: Compensation awarded Rs.11,85,000
by the Tribunal
Enhanced Compensation (d-e) Rs.8,55,000
11. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimants are entitled for a total
compensation of Rs.20,40,000/-, as against
Rs.11,85,000/- awarded by the Tribunal, payable
with interest at 6% p.a., from the date of filing
claim petition till the date of deposit.
The enhanced compensation is Rs.8,55,000/-;
and
(ii) Insurer shall pay the entire
compensation amount of Rs.20,40,000/- with
interest at 6% p.a., excluding the amount
paid/deposited, if any, within eight weeks from
the date of receipt of a copy of this order.
Disbursement shall be made as directed by the
Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AG/AV
