Chikkamma vs M/S Royal Sundaram Alliance Ins. ...
2022 Latest Caselaw 10699 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF SEPTEMBER 2016

                          BEFORE

          THE HON'BLE MRS. JUSTICE S. SUJATHA

                 M.F.A.No. 6950/2014 (MV)

Between:

Chikkamma,
W/o Late Sirigondappa,
Aged about 42 years,
R/o Yalagatte Gollarahatty Village,
Challakere Taluk,
Chitradurga - 577 222.                    ... Appellant

(By Sri.N.Spoorthy Hegde, Advocate)

And:

1.     M/s. Royal Sundaram Alliance Ins. Co.Ltd
       By its Divisional Manager,
       DB Paisa, 3rd floor, 47 White Road,
       Chennai - 600 014,
       Tamil Nadu.

2.     Mahesh B.S
       S/o Sri Bommalingappa,
       Major owner of
       Car No.KA-02-AA-122, No.199/3,
       1st Cross, 2nd Kirloskar Matt,
       Near Shankar Matt,
       Bangalore - 560 079.

3.     M/s. New India Ass. Co.Ltd
       By its Manager,
       "Vijayashree" ,
                                2




        Opp.Nanjundeshwara Petrol Bunk,
        Near Union Park,
        Davanagere Road,
        Chitradurga - 577 501.

4.      Shivakumaraswamy
        S/o Chadrappaiah,
        Major, Agriculturist,
        Owner of Motor Cycle No.KA-02-EV-8720
        R/o Suranahally,
        Challakere Taluk,
        Chitradurga - 577 222.         ... Respondents

     (By Sri. P. B. Raju, Adv. for R-1;
      Sri. A.Ravishankar, Adv. for R-3;
      Notice to R-2 & R-4 dispensed
      with vide Court order Dated 22.01.2015)

       This MFA is filed under Section 173(1) of MV Act,
against the judgment and award dated 11.07.2014 passed
in MVC No.39/2013 on the file of the Senior Civil Judge,
Additional MACT, Challakere, partly allowing the Claim
Petition for compensation and seeking enhancement of
compensation.

       This MFA coming on for admission this day, the Court
delivered the following:

                       JUDGMENT

This appeal is directed against the judgment and

award dated 11.7.2014 passed by the Motor Accident

Claims Tribunal, Challakere ("Tribunal" for short) in

MVC.No.39/13.

2. Heard the learned counsel for the parties.

Perused the material on record.

3. The claimant was the widow of deceased

Sirigondappa who died in the road traffic accident on

27.12.2012. The claim petition was instituted by the

claimant seeking compensation for the death of

deceased Sirigondappa alleging actionable negligence on

the driver of the car bearing No.KA-02/AA-122. The

insurer entered appearance and contested the matter.

The Tribunal after appreciating the evidence on record,

awarded total compensation of Rs. 2,26,000/- with

interest at 6% per annum from the date of the petition

till the date of realization. Being aggrieved, the

appellant - claimant is before this Court seeking

enhancement of compensation.

4. It is evident from the records that the deceased

was aged about 60 years at the time of the accident as

per the post mortem report at Ex.P.4. In the absence of

reliable documentary evidence placed on record to

establish the factum of income of the deceased, the

Tribunal derived the monthly income of the deceased at

Rs.3,000/- which is on the lower side when compared to

the determination of monthly income made by this

Court in identical cases. In view of the same, it would

be reasonable to determine the income of the deceased

at Rs.7,000/- per month, considering the date of the

accident 27.12.2012 and his occupation agriculturist.

Thus, by re-determining the monthly income of the

deceased at Rs.7,000/- and applying the multiplier of 9

and deducting 1/3rd towards personal expenses of the

deceased, the loss of dependency works out to

Rs.5,04,000/-.

5. In view of the principles of law enunciated by

the Apex Court in the case of Rajesh and others Vs.

Rajbeer Singh and others reported in (2013) 9 SCC 54 it

would be just and equitable to award a sum of

Rs.50,000/- towards loss of consortium; a sum of

Rs.25,000/- towards funeral expenses; a sum of

Rs.10,000/- towards loss of estate. Thus the total

compensation awarded by the Tribunal is modified as

under:

1.   Loss of dependency                      Rs.5,04,000-00
2.   Loss of consortium                      Rs. 50,000-00
2.   Funeral expenses                        Rs. 25,000-00
3.   Loss of estate                          Rs. 10,000-00
                    Total                    Rs.5,89,000-00

6. The appellant shall be entitled to total

compensation of Rs.5,89,000/- as against

Rs.2,26,000/- awarded by the Tribunal, with interest at

6% per annum from the date of petition till the date of

realization.

In the result, appeal is allowed as indicated above.

Sd/-

JUDGE

RS/* CT-sm