Karnataka High Court
Smt. Triveni vs Sri. Mahesh B M on 23 June, 2022
Bench: Hanchate Sanjeevkumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.NO.9450/2017 (MV-D)
BETWEEN:
1. SMT. TRIVENI,
W/O LATE SOMESH @
VRUSHABHENDRA,
AGED ABOUT 31 YEARS,
2. KUMARI TANUJA,
D/O LATE SOMESH @
VRUSHABHENDRA,
AGED ABOUT 7 YEARS,
3. MASTER SUDEEP KUMAR,
S/O LATE SOMESH @
VRUSHABHENDRA,
AGED ABOUT 5 YEARS,
4. SRI. SHIVAPPA,
S/O SIDDAPPA,
AGED ABOUT 61 YEARS,
5. SMT. NAGAMMA,
W/O SHIVAPPA,
AGED ABOUT 56 YEARS,
THE APPELLANTS NO.2 & 3 BEING THE
MINORS, REPRESENTED BY THEIR NEXT FRIEND
AND NATURAL GUARDIAN MOTHER
i.e. APPELLANT NO.1
2
ALL ARE RESIDING AT:
DEMALLI VILLAG,E
SANTHEMARAHALLI HOBLI,
CHAMARAJANAGAR TALUK & DISTRICT,
CHAMARAJANAGAR-571115.
... APPELLANTS
(BY SRI. BHANU PRAKASH H.V., ADVOCATE)
AND:
1. SRI. MAHESH B.M.,
S/O MAHADEVAPPA,
AGED ABOUT MAJOR,
R/AT:BELAVADI VILLAGE,
GUNDLUPET TALUK-571111,
CHAMARAJANAGAR DISTRICT.
2. THE ZONAL MANAGER,
TATA AIG GENERAL INSURANCE CO.LTD.,
MYSORE TRADE CENTER,
1ST FLOOR, LASHKAR MOHALLA,
MYSORE-570013.
... RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2,
R1-NOTICE DISPENSED WITH V/O DATED 23/06/2022)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED:19.08.2017 PASSED IN MVC NO.39/2016 ON THE
FILE OF THE PRINCIPAL DISTRICT AND SEESIONS JUDGE
& MACT, CHAMARAJANAGAR, PARLTY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
THIS M.F.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
This appeal is filed under Section-173(1) of the
Motor Vehicles Act, 1988, (hereinafter referred to as
'MV Act' for brevity) by the appellants-claimants
challenging the judgment and award dated
19.08.2017, passed in MVC No.39/2016, on the file of
Principal District and Session Judge And MACT at,
Chamarajanagar, (hereinafter referred to as 'the
Tribunal' for brevity) for seeking enhancement for
compensation.
Brief facts:
2. That on 14.09.2015, at about 8.15 p.m.,
near the land of Mutt of Kuderu road, on Kuderu-
Demahalli road, when the deceased Somesha @
Vrushabhendra son of Shivappa was proceeding on a
bicycle on the left side of the road, at that time a
Mahindra Maxico Goods bearing registration No.KA-
10-7360 came from behind in a rash and negligent
manner and dashed against the bicycle of deceased
Somesha and as a result, he fell down and sustained
grievous injuries on the hind side of the head
(occipital region of the head) and he became
unconscious and thereafter he was taken to the
Government Hospital, Santhermarahalli, in an auto
rickshaw and on examination, the Doctor revealed
that the said Somesha had expired. Thereafter the
dead body was taken to the District Government
Hospital, Chamarajanagar and post-moterm
examination was conducted over the body.
3. Hence, a claim petition was filed by the
appellants-claimants under Section-166 of the M.V.
Act, claiming compensation. The Tribunal on
appreciating the materials on records, allowed the
petition in part, and awarded a compensation of
Rs.11,48,000/-, along with interest at 6% per annum
from the date of petition till realization. The Tribunal
held respondent No.2 - insurance company, is liable
to pay the compensation.
4. Heard arguments of the learned counsel for
the appellants and the learned counsel for respondent
No.2 - insurance company and perused the materials
on record.
5. The learned counsel for the appellant
submitted that the quantum of compensation awarded
under various heads is on lesser side. Therefore,
seeks for enhancement of the compensation.
6. On the other hand, the learned counsel
appearing for the second respondent - insurance
company submits that the Tribunal is justified in
passing the impugned judgment and award and there
is no ground for enhancement, that the compensation
amount as awarded by the Tribunal is sufficient and
adequate.
7. The compensation awarded by the Tribunal
is as follows:
Towards dependency and loss of : Rs. 10,80,000/-
future earning
Towards transportation of dead : Rs. 3,000/-
body of the deceased
Towards funeral and obsequies : Rs. 5,000/-
ceremony
Towards loss of consortium : Rs. 30,000/-
Towards loss of love and affection : Rs. 30,000/-
TOTAL : Rs. 11,48,000/-
8. In the present case, the deceased was a
agriculturist, aged 48 years. The legal dependants are
the wife, two children, mother and father, totally five
in number. The Tribunal has taken the notional
income at Rs.8,000/- per month. The accident has
occurred in the year 2015. Therefore, as per the Chart
of the Karnataka State Legal Services Authority, for
the year 2015 the notional income is taken at
Rs.9,000/- per month. The appropriate multiplier
applicable as per the judgment of the Hon'ble
Supreme Court, in the case of Smt.Sarla Verma &
Others. Vs. Delhi Transport Corpn And Another
reported in AIR 2009 SC 3104, is '15', since the
appellant was aged 45 years at the time of accident.
There are five dependants. Therefore, 1/4th of his
monthly income would be deducted towards personal
expenses. The Tribunal has committed error in
deducting 1/3rd towards personal expenses. Further,
the Tribunal has not added 25% of additional income
towards 'Loss Of Future Prospects In Life', as per
the law laid down by the Hon'ble Apex Court in the
case of National Insurance Co. Ltd. Vs. Pranay
Sethi reported in (2017) 16 SCC 680. Therefore,
the compensation under the head 'Loss Of
Dependency' is recalculated and quantified as follows:
Rs.9,000 + 2,250 x 3/4th x 15 x 12 = Rs.15,15,840/-
9. Further, the Tribunal has awarded a
compensation of Rs.3,000/- towards 'Transportation
of Dead Body, and Rs.5,000/- towards 'Funeral and
Obsequies Ceremony', which is on a lesser side and
the same is enhanced to a sum of Rs.25,000/-.
10. The Tribunal has awarded compensation of
Rs.30,000/- towards 'Loss Of Consortium. As per the
principle of law laid down by the Hon'ble Apex Court
in the case of Pranay Sethi's referred to supra, a
sum of Rs.40,000/- is awarded to each dependants.
Therefore, the appellants are entitled for a sum of
Rs.2,00,000/- (Rs.40,000 x 5) towards 'Loss of
Consortium'.
11. Since compensation is awarded towards
loss of consortium, the compensation towards loss of
love and affection would be a duplication and hence
the same is set-aside.
12. Therefore, the appellants are entitled to the
enhanced compensation as follows:
1 Loss of dependency : Rs. 15,15,840/-
th
(9000 + 2250 x 3/4 x 15 x 12)
Transportation of dead body And : Rs.
2 25,000/-
Funeral And Obsequies Ceremony
3 Loss of Consortium : Rs. 2,00,000/-
Total 17,60,840/-
13. The appellants-claimants are entitled for a
total enhanced compensation of Rs.17,60,840/- as
against Rs.11,48,000/- awarded by the Tribunal.
Hence, the appellants are entitled for an additional
Compensation of Rs.6,12,240/- (Rs.17,60,840 -
Rs.11,48,000), along with interest at the rate of 6%
per annum from the date of petition till the date of
realization.
14. Accordingly, I pass the following:
ORDER
i. Appeal is allowed in part.
ii. The impugned judgment and award dated
19.08.2017, passed in MVC No.39/2016, on the
file of Principal District and Session Judge And
MACT at, Chamarajanagar, is modified to the
above extent, holding that the appellants are
entitled to an enhanced additional compensation
of Rs.6,12,240/- (Rs.17,60,840 -
Rs.11,48,000), along with interest at the rate
of 6% per annum from the date of petition till
the date of realization, in addition to what has
been awarded by the Tribunal.
iii. The amount in deposit shall be transferred to the
Tribunal forthwith.
iv. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy
of the order passed by this Court forthwith
without any delay.
v. Draw award accordingly.
Sd/-
JUDGE
JJ
