Suresh vs D. Ramesh
2022 Latest Caselaw 545 Kant

                               1




      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 12TH DAY OF JANUARY, 2022

                           BEFORE

     THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

                   M.F.A. No.8030/2016(MV)

BETWEEN :

1.      SURESH
        S/O CHANDRAKANTH
        AGED ABOUT 38 YEARS.

2.      SMT.SUMALATHA
        W/O SURESH
        AGED ABOUT 28 YEARS

        BOTH ARE RESIDING AT
        KATANAYAKANAHALLI
        KASTURI RANGAPPANAHALLI
        JAVANAGONDANAHALLI HOBLI
        HIRIYUR TALUK
        CHITHRADURGA DISTRICT - 577 599.
                                             ... APPELLANTS

(BY SRI BHOJARAJA, ADVOCATE)

AND :

1.      D RAMESH
        S/O DEVRAJAN
        AGED ABOUT 45 YEARS
        R/O No.10, SSS-BUILDING
        AV ROAD, CHAMRAJPET
        BANGALORE - 560 018.
                              2




2.   M/S. NATIONAL INSURANCE
     COMPANY LTD., SECOND FLOOR
     81-D, NORTH CAR STREET
     TIRUCHENODE
     TAMILNADU - 637 211.
     REGIONAL OFFICE AT
     No.144, SUBBARAM COMPLEX
     M.G.ROAD,
     BANGALORE - 560 001
     REPRESENTED BY
     ITS BRANCH MANAGER.
                                          ... RESPONDENTS

(BY SMT. ANUSHA N, ADVOCATE FOR
 SRI C M POONACHA, ADVOCATE FOR R2
 NOTICE TO R1 DISPENSED WITH V/O DTD 5.3.2020)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 16.08.2016
PASSED IN MVC No.2980/2015 ON THE FILE OF XIII
ADDITIONAL SAMLL CAUSE JUDGE AND MEMBER MACT,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING   ENHANCEMENT      OF
COMPENSATION.



     THIS APPEAL COMING ON FOR HEARING THROUGH
VIDEO CONFERENCE THIS DAY, THE COURT DELIVERED THE
FOLLOWING;


                       JUDGMENT

Heard the learned counsel appearing for the parties.

The minor girl succumbed to the injuries in an

accident that occurred on 19.04.2015.

2. The Tribunal by its judgment and award dated

16.08.2016 has awarded a compensation of Rs.3,50,000/-

with interest at 9% from the date of petition till the date of

realization. Being dissatisfied with the quantum of

compensation awarded by the Tribunal, the claimants

being parents of the deceased minor girl has filed this

appeal for enhancement of compensation.

3. Learned counsel for the appellants/claimants

placed reliance on the judgment of the Hon'ble Apex Court

in the case of Kishan Gopal and Another vs. Lala and

others (AIR 2013 SCW 5037) wherein the Hon'ble Apex

Court has awarded compensation of Rs.4,50,000/- and

another Rs.50,000/- under conventional heads.

4. It is his further submission that in the case on

hand, the deceased was aged 2 years at the time of

accident. In the case of this nature, it is difficult to assess

the loss in pecuniary term and that the Motor Vehicles Act

is also silent in providing any basis to award just

compensation. Under these circumstances, it is his

submission that what has been held by the Hon'ble Apex

Court has to be followed in the facts and circumstances of

the case.

5. Learned counsel for the respondent No.2 -

Insurance Company submits that the deceased was aged

about 2 years and she is not an earning member of the

family and the appellants are not dependants. It is her

further submission that whatever the compensation

awarded by the Tribunal is just and proper.

6. I have heard the learned counsel appearing for the

parties and gone through the judgment relied upon by the

learned counsel for the appellants. It is difficult to assess the

compensation in case of a death of minor. The age of the

deceased is not in dispute. The compensation as well as the

future prospects cannot be decided on the basis of gender.

7. An accident leading to the death of a child causes

great shock and agony to the parents and family of the

deceased. The greatest agony for a parent is to lose their

child during their lifetime. Children are valued for their love,

affection, companionship and their role in the family unit.

8. Modern jurisdictions world-over have recognized

that the value of a child's consortium far exceeds the

economic value of the compensation awarded in the case of

the death of a child. Most jurisdictions permit parents to be

awarded compensation under loss of consortium on the death

of a child. The amount awarded to the parents is the

compensation for loss of love, affection, care and

companionship of the deceased child.

9. The Co-ordinate Bench of this Court in the case of

Sagar since deceased by his LRs. Vs. Suresh and two

others reported in 2014 KAR MAC 506 (KAR) relying on the

judgment of the Hon'ble Apex Court in Kishan Gopal's case

has awarded compensation of Rs.4,50,000/- towards 'loss of

dependency' in case of death of a boy who was aged 6 years.

10. Under the circumstances, I am inclined to rely on

the judgment of the Hon'ble Apex Court in Kishna Gopal's

case stated supra and award compensation of Rs.4,50,000/-

towards 'loss of dependency' and Rs.50,000/- towards loss of

love and affection, funeral expenses and transportation of a

dead body and the total compensation comes to

Rs.5,00,000/-.

In the result, the appeal is allowed in part and the

judgment and award dated 16.08.2016 passed by the XIII

Addl. Small Cause Judge and Member, MACT, Bengaluru

in MVC No.2980/2015 is hereby modified by awarding

additional compensation of Rs.1,50,000/- with interest at 6%

p.a. from the date of petition till realization of the award

amount.

Sd/-

JUDGE

SSD