Karnataka High Court
H.T. Ananth Padmanabha vs Royal Sundram Alliance General ... on 18 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
M.F.A.No.7045/2011 (MV)
BETWEEN:
H.T.ANANTH PADMANABHA,
S/O THIRUMALAIAH,
AGED ABOUT 40 YEARS,
R/AT NO.21143/3, S.RAMESH ROAD,
R.N.LAYOUT, T.DASARAHALLI,
BANGALORE - 57.
...APPELLANT
(BY SRI.SHRIPAD V SHASTRI, ADVOCATE)
AND:
1. ROYAL SUNDRAM ALLIANCE GENERAL
INSURANCE CO. LTD.,
1 AND 2 FLOORS,
SRI.BALAJI SOVEREIGN,
NO.132, BRIDGE ROAD,
BANGALORE - 25,
BY ITS MANAGER.
2. R.SANTHI,
W/O K.S.KANDASWAMY,
MAJOR,
R/AT NO.107, 4TH CROSS,
KALASIPALYAM NEW EXTENSION,
BANGALORE - 02.
...RESPONDENTS
(BY SRI.O.MAHESH, ADVOCATE FOR R1;
R2 NOTICE DISPENSED WITH)
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 16.12.2010 PASSED
IN MVC NO.7709/2008 ON THE FILE OF THE IV
ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL
CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THROUGH
VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of the compensation awarded in
MVC.No.7709/2008 by the judgment and award dated
16.12.2010 by the learned Motor Accident Claims Tribunal,
Bengaluru.
2. The claim petition is filed on the allegation that
on 17.07.2008, the claimant-husband was proceeding on
scooter bearing registration No.KA-02-HC-8367 with his
wife-Geetha (hereinafter referred to as 'the deceased') and
son near Hesaraghatta Cross and at that time, the
offending lorry bearing registration No.KA-01-C-8823 came
in a rash and negligent manner, in high speed and dashed
against the scooter, resulting in death of the deceased.
3. Respondent No.1-Insurance Company
contested the proceedings before the learned Tribunal
denying the material averments in the claim petition.
Respondent No.2-Owner of the offending vehicle remained
exparte.
4. After examining the claimant and the medical
expert and exhibiting documents, the evidence of both
sides were closed.
5. The learned Tribunal after hearing the learned
counsel on both sides and perusing the records has
awarded a compensation of Rs.4,38,000/- with interest at
the rate of 6% per annum from the date of the petition till
the date of payment.
6. Learned counsel appearing for the appellant
submitted before this Court that the compensation
awarded is on the lower side and the same is required to
be enhanced. He therefore submitted that the appeal is
liable to be allowed.
7. Sri. O.Mahesh, learned counsel for respondent
No.1-Insurance Company has submitted that the
compensation awarded by the learned MACT is just and
reasonable and therefore, there is no merit in the appeal
and the same is required to be dismissed.
8. A perusal of the records of the case discloses
that the deceased was aged 27 years at the time of the
accident and therefore, the relevant multiplier applicable in
this case is 17. Since the deceased was a married person,
deduction to be made towards personal expenses 1/3rd of
the established income of the deceased. There is no proof
regarding the exact income earned by the deceased even
though it was claimed before the learned MACT that she
was working. Therefore, the notional income of Rs.4,500/-
per month is fixed, in view of the fact that the Karnataka
Legal Services Authority has fixed income for the year
2008 at Rs.4,500/- per month and the same is being
generally adopted throughout the State.
9. In view of the decision of the Hon'ble Apex
Court in the case of NATIONAL INSURANCE CO. LTD. -
Vs. PRANAY SETHI AND OTHERS reported in AIR 2017
SC 5157, 40% of the established income is required to be
added towards 'loss of future prospects'. Therefore, 'loss of
dependency' is required to recomputed as follows:
Rs.4,500/- + 40% - 1/3rd X 12 X 17 = Rs.8,56,800/-.
10. Apart from the same, a sum of Rs.40,000/- is
required to be awarded under the 'loss of spousal
consortium' and also another sum of Rs.30,000/- required
to be added under 'conventional heads'.
As awarded
Compensation under by this Court
different Heads (Rs.)
Loss of Dependency 8,56,800
Loss of spousal consortium 40,000
Loss of estate 30,000
Total 9,26,800
11. The learned Tribunal has already awarded a
sum of Rs.4,38,000/- under the impugned award.
Therefore, the enhanced compensation is Rs.4,88,800/-.
The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the date of the
petition till the date of payment.
12. Accordingly, the above appeal is allowed-in-
part.
The Insurance Company shall deposit the award
amount within a period of four weeks from the date of
receipt of the certified copy of this judgment before the
learned MACT.
Transmit the records of the case to the learned
MACT, forthwith.
Sd/-
JUDGE
NR/-
