Karnataka High Court
M/S Shriram General Insurance ... vs Lokesh on 27 June, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.2733 OF 2012 (MV)
C/W
M.F.A.NO.10181 OF 2011 (MV)
IN M.F.A.NO.2733/2012:
BETWEEN:
1. LOKESH
S/O BASAVACHARI,
AGED ABOUT 28 YEARS,
2. MURTHY,
S/O BASAVACHARI,
AGED ABOUT 24 YEARS,
3. BHAGYAMMA,
W/O NANJUNDACHARI,
AGED ABOUT 36 YEARS,
ALL ARE RESIDENT OF
UDAYAGIRI EXTENSION,
HASSAN-573201. ...APPELLANTS
(BY SRI CHETHAN B, ADV.)
AND:
1. MADHU K R,
S/O RAMEGOWDA,
AGED ABOUT 28 YEARS,
RESIDENT OF KALLENAHALLI VILLAGE,
SHANTHINAGRAMA HOBLI,
MOSALE HASAHALLI,
2
HASSAN TALUK & DISTRICT.
2. THE MANAGER,
SHRI RAM GENERAL INSURANCE CO. LTD.,
E-8, REECHI INDUSTRIES AREA,
SEEHAPURA, JAYAPURA,
RAJASTHAN STATE-30202
REPRESENTED BY
THE REGIONAL MANAGER,
SHRI RAM CHITS AND GENERAL INSURANCE CO. LTD.,
COMPENSATION DIVISION, (KARNATAKA PVT LTD).,
ADMINISTRATION AND REGISTRATION OFFICE,
1ST FLOOR, 10TH CROSS, WILSON GARDEN.
...RESPONDENTS
(BY SRI B.C.SHIVANNE GOWDA, ADV. FOR R2,
NOTICE TO R1 IS DISPENSED V/O/DT: 06. 12.2016)
-----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.5.2011 PASSED IN MVC
NO.896/2010 ON THE FILE OF THE PRESIDING OFFICER,
ADDITIONAL MACT, FAST TRACK COURT, HASSAN, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.10181/2011:
BETWEEN:
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD.,
E/8, RIICO, INDUSTRIAL AREA,
SITAPURA, JAIPUR,
RAJASTHAN - 302022,
REPTD. BY ITS BRANCH MANAGER,
NOW REPRESENTED BY ITS
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD.,
S-5, MONARCH CHAMBER, 3RD FLOOR,
INFANTRY ROAD, SHIVAJINAGAR,
BANGALORE - 560001
REPRESENTED BY ITS LEGAL OFFICER.
(THE REGIONAL MANAGER,
COMPENSATION DIVISION, (KARNATAKA PVT LTD).,
ADMINISTRATION AND REGISTRATION OFFICE,
3
1ST FLOOR, 10TH CROSS, WILSON GARDEN). ..APPELLANT
(BY SRI B.C.SHIVANNE GOWDA, ADV.)
AND:
1. LOKESH,
AGED ABOUT 27 YEARS,
S/O BASAVACHARI,
2. MURTHY
AGED ABOUT 23 YEARS,
S/O BASAVACHARI,
3. BHAGYAMMA,
AGED ABOUT 35 YEARS,
W/O NANJUNDACHARI,
1ST AND 2ND PETITIONERS ARE
RESIDING AT UDAYAGIRI EXTENSION,
HASSAN CITY - 573201.
4. MADHU K.R,
AGED ABOUT 27 YEARS,
S/O RAMEGOWDA,
R/AT NO.55,
KALLENAHALLI VILLAGE,
SHANTHIGRAMA HOBALI,
MOSALEHOSAHALLI,
HASSAN TALUK,
HASSAN DISTRICT - 573201. ...RESPONDENTS
(BY SRI CHETHAN B, ADV. FOR R1-R3,
R4 - SERVED )
-----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.5.2011 PASSED IN MVC
NO.896/2010 ON THE FILE OF PRESIDING OFFICER, &
ADDITIONAL MACT, FAST TRACK COURT, HASSAN, AWARDING
A COMPENSATION OF RS.1,92,000/- WITH INTEREST @ 6%
P.A. FROM THE DATE OF PETITION TILL REALISATION.
4
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is filed by the claimants seeking
enhancement of compensation challenging the judgment
and award dated 31.05.2011 in MVC No.896/2010 passed
by the Fast Track Court and Additional MACT, Hassan.
2. For the sake of convenience, parties are
referred as per their rank before the Tribunal.
3. Heard learned advocate for the appellant and
learned advocate for respondent/insurance company No.2.
4. This appeal is filed by the claimants who are
the children of deceased Basavachari who died on
30.11.2009. The Tribunal has allowed the appeal in part
and awarded the compensation of Rs.1,92,000/- along
with interest @ 6% per annum from the date of petition till
the date of realization.
5. The claimants claim compensation of
Rs.10,00,000/-. Being aggrieved have preferred this
appeal-seeking enhancement.
6. The Insurance company has filed MFA
No.10181/2011 challenging the quantum. It is forth
coming come from the records that the accident took place
on 30.11.2009. There is no dispute over the fact that the
deceased Basavachari aged 75 years at the time of the
accident. The Tribunal has taken the income of deceased
Basavachari of Rs.4,000/- per month. In the absence of
the proof relating to the income, as per the chart prepared
by the Karnataka Legal Services Authority deceased
Basavahcari's notional income would be taken of Rs.5000/-
per month.
7. Since the deceased was aged 75 years, the
appropriate multiplier would be 5. The deceased is
survived by three children and all of them are major. It is
observed by the Tribunal that claimant No.2 is mentally
challenged and he is to be treated as a dependant of the
deceased. So the loss of dependency would be Rs.5,000/-
x 12 x 5 = 3,00,000/- and deducting 50% of the income of
the deceased towards his personal expenses, the loss of
dependency would be Rs.1,50,000/-.
8. Since the claimants are the children of the
deceased, each of the children would be entitled to
Rs.40,000/- towards consortium. Rs.15,000/- is awarded
towards loss of estate, Rs.15,000/- is awarded towards
loss of funeral expenses.
9. Thus, all the claimants are entitled to
compensation as under:
Particulars Amount in (Rs.)
Loss of dependency 1,50,000
Funeral expenses 15,000
Loss of estate 15,000
Loss of consortium for each of 1,20,000
the children (40,000 x 3)
Total 3,00,000
10. Contention of the insured that appeal filed by
the claimants who are majors are not entitled to claim
compensation, cannot be accepted. It is noticed that one
of the claimant is mentally challenged and he is treated as
dependent.
11. Hence the following:
ORDER
(i) The appeals are disposed of.
(ii) The impugned judgment and award dated
31.05.2011 passed by the Fast Tract Court & Additional
MACT at Hassan in M.V.C.No.896/2010 are modified.
(iii) The claimants are entitled to compensation of
Rs.3,00,000/- along with interest at 6% per annum from
the date of the petition till realization.
(iv) Insurance Company shall deposit the amount
after deducting the amount, if any, already paid.
Sd/-
JUDGE
HD/KSR
