Karnataka High Court
Smt Ambika T M vs Manojkumar K R on 4 July, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.709 OF 2021(MV)
BETWEEN:
1. SMT AMBIKA T M
W/O LATE NAGARAJU.C
AGED 32 YEARS.
2. SRI.N.BINDUSHEKAR
S/O LATE NAGARAJU.C
AGED 11 YEARS.
3. SMT.KAMALAMMA
W/O LATE CHIKKANNA
AGED ABOUT 74 YEARS.
APPELLANT No.2 IS MINOR
REP. BY NATURAL
GUARDIAN HER MOTHER
SMT. AMBIKA T.M.
ALL ARE R/AT KORA AT POST
TUMAKURU TALUK
NOW R/AT JYOTHINAGARA
SIR TOWN-572137.
...APPELLANTS
(BY SRI. SATHISHA T., ADV.)
2
AND
1. MANOJKUMAR K R
S/O LATE RANGAIAH
AGED 28 YEARS
R/AT NEAR DURGADEVI TEMPLE
KORA AT POST AND HOBLI
TUMAKURU TALUK-572101.
2. LIBERTY VIDEOCON GENERAL
INSURANCE COMPANY LTD
NO.1 ALYSSA, 1ST FLOOR
REAR PORTION, OLD NO.28
NEW NO.23. RICHMOND ROAD
RICHMOND TOWN
BANGALORE.
...RESPONDENTS
(BY SRI. RAVI S SAMPRATHI, ADV. FOR R2:
NOTICE TO R1 IS D/W V/O DATED: 01.04.2022)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED
21.08.2019 PASSED IN MVC NO. 1154/2017 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
ADDITIONAL MACT, SIRA, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDER, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act',
for short) has been filed by the claimants being
aggrieved by the judgment and award dated
21.8.2019 passed by the Motor Accident Claims
Tribunal, Sira in MVC 1154/2017.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 6.10.2017, when the
deceased Nagaraju was proceeding on motorcycle
bearing registration No.KA-06-EX-0307 as a pillion
rider near Bidarekere Gollarahatti, at that time, the
rider of the said motorcycle rode in a rash and
negligent manner and hit the road side iron
bridge/barricade. As a result of the aforesaid
accident, the deceased sustained grievous injuries and
succumbed to the injuries.
3. The claimants filed a petition under Section
166 of the Act seeking compensation for the death of
the deceased along with interest.
4. On service of summons, the respondents
appeared through their respective counsel and only
respondent No.2 filed written statement in which the
averments made in the petition were denied.
5. On the basis of the pleadings of the parties,
the Claims Tribunal framed the issues and thereafter
recorded the evidence. The claimants, in order to
prove their case, examined claimant No.1 as PW-1
and got exhibited documents namely Ex.P1 to Ex.P9.
On behalf of respondents, neither any witness was
examined nor any document was produced. The
Claims Tribunal, by the impugned judgment, inter alia,
held that the accident took place on account of rash
and negligent driving of the offending vehicle by its
driver, as a result of which, the deceased sustained
injuries and succumbed to the injuries. The Tribunal
further held that the claimants are entitled to a
compensation of Rs.31,28,000/- along with interest at
the rate of 7% p.a. and directed the Insurance
Company to deposit the compensation amount along
with interest. Being aggrieved, this appeal has been
filed.
6. The learned counsel for the claimants has
raised the following contentions:
Firstly, as per the judgment of the Hon'ble
Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
2782], each of the claimants are entitled for
compensation of Rs.40,000/- under the head of 'loss
of love and affection and consortium'.
Secondly, considering the age and avocation of
the deceased, the overall compensation awarded by
the Tribunal is on the lower side. Hence, he prays for
allowing the appeal.
7. On the other hand, the learned counsel for
the Insurance Company has contended that on
appreciation of oral and documentary evidence and
considering the age and avocation of the deceased,
the overall compensation awarded by the Tribunal is
just and reasonable. Further, the interest awarded by
the Tribunal at 7% p.a. on the compensation amount
is on the higher side. Hence, he prays for dismissal of
the appeal.
8. Heard the learned counsel for the parties
and perused the records.
9. It is not in dispute that deceased Nagaraju
died in the road traffic accident occurred due to rash
and negligent driving of the offending vehicle by its
driver.
The Tribunal after considering the evidence of
the parties and materials available on record has
awarded just and reasonable under the heads of 'loss
of dependency', 'loss of estate', 'funeral expenses' and
'loss of consortium to claimant No.1'.
In view of the law laid down by the Supreme
Court in the case of 'MAGMA GENERAL
INSURANCE' (supra), claimant No.2, minor daughter
of the deceased is entitled for compensation of
Rs.40,000/- under the head of 'loss of parental
consortium' and claimant No.3, mother of the
deceased is entitled for compensation of Rs.40,000/-
under the head of 'loss of filial consortium' .
10. Thus, the claimants are entitled to the
following compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 30,57,600
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal 40,000
consortium
Loss of Parental 40,000
consortium
Loss of Filial consortium 40,000
Total 32,07,600
11. In the result, the appeal is allowed in
part. The judgment of the Claims Tribunal is modified.
The claimants are entitled to a total
compensation of Rs.32,07,600/- as against
Rs.31,28,000/- awarded by the Tribunal.
The Insurance Company is directed to deposit
the compensation amount along with interest at 7%
p.a. (enhanced amount shall carry interest at 6%
p.a.) from the date of filing of the claim petition till
the date of realization, within a period of six weeks
from the date of receipt of copy of this judgment.
Sd/-
JUDGE
DM
