Karnataka High Court
K Jayaram @ Jayaramandadi vs The Regional Manager on 28 June, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.8709 OF 2012 (MV)
BETWEEN:
1. K JAYARAM @ JAYARAMANDADI,
SON OF KANNAIAH,
AGED ABOUT 52 YEARS,
2. SMT ADILAKSHMI,
WIFE OF K JAYARAM @
JAYARAMAMMANDADI,
AGED ABOUT 46 YEARS.
C/O SATHYA MURTHY,
NO. 104, S. R. NAIDU LAYOUT,
10TH CROSS, D C HALLI ROAD,
HONGASANDRA, BANGALORE - 560068. ...APPELLANTS
(BY SRI R KUMAR, ADV.)
AND:
1. THE REGIONAL MANAGER,
THE NATIONAL INS. COM. LTD.,
REGIONAL OFFICE, NO. 144,
SHUBHARAM COMPLEX,
M G ROAD,
BANGALORE- 560001.
2. SHRI M S SIVALINGAM,
SON OF MANICKAM,
RESIDING AT NO. 196,
EAST STREET, PAVITHRAM POST,
2
NAMAKKAL TALUK & DISTRICT,
PIN - 660041. ...RESPONDENTS
(BY SRI A.N.KRISHNASWAMY, ADV. FOR R1,
R2- SERVED)
----
THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.11.2011 PASSED IN MVC
NO.8646/2009 ON THE FILE OF THE XI ADDL. JUDGE & MACT,
CSC, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
The instant appeal is arising from the judgment and
award dated 11.11.2011 passed by the Court of Small
Causes, Bengaluru City (SCCH-12) in MVC 8646/2009.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Sri. R Kumar, learned advocate for
the appellants/claimants and Sri.A N Krishnaswamy,
learned advocate for the insurance company.
4. The accident in question took place on
11.09.2009 at about 10 pm when the claimant K
Shivakumar, aged 25 years was riding his Honda
Shine Motorcycle bearing Regn.No.KA-05-HJ-2493 on
the left side of the road near Preethidhama School,
Bettadasanapura, when a lorry bearing Regn.No.TN-
28-B-196 driven in high speed, rashly and negligently
by its driver dashed the deceased. Due to this impact,
K Shivakumar died at the spot. It is stated in the
impugned judgment that deceased was a punching
machine operator drawing gross salary of Rs.7160/-
per month and net salary of Rs.6874/- per month.
Therefore, tribunal taking the income of the deceased
at Rs.7,000/- per month, awarded compensation of
Rs.6,23,000/- with 6% interest p.a. from the date of
petition till realisation.
5. Deceased was aged 24 years and was a
bachelor. Claim petition is filed by the parents of the
deceased. Claimants have produced the salary slips
of the deceased which are marked at Exs.P.17 to 20.
Therefore, loss of dependency would be
Rs.7000(salary of the deceased) x 40% (towards
future prospects) x 17(multiplier) x 12 (months) -
50% of the earnings to be deducted towards personal
expenses since the deceased was a bachelor. Hence,
loss of dependency would be Rs.9,99,600/-.
6. In view of the decision of the Apex Court in
National Insurance Company Limited V/s. Pranay
Sethi and others reported in AIR 2017 SC 5157,
claimants being parents of the deceased, mother and
father are entitled to Rs.40,000/- each towards loss of
parental consortium. Rs.15,000/- under the head
'loss of estate' and Rs.15,000/- towards funeral
expenses is to be awarded.
7. Thus, the compensation enhanced by this
Court to which the claimants are entitled to is as
under:
Loss of dependency Rs. 4,11,600/-
Loss of parental consortium
Rs. 80,000/-
(Rs.40,000/- each to the parents)
Loss of estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
TOTAL Rs. 5,21,600/-
8. Hence, the following:
ORDER
(i) Appeal is allowed in part.
(ii) The impugned judgment and award dated
11.11.2011 passed by the Court of Small Causes,
Bengaluru City (SCCH-12) in MVC No.8646/2009 is
modified.
(iii) The appellants/claimants are entitled for enhanced
compensation of Rs.5,21,600/- with 6% interest p.a. from
the date of petition till realisation.
(iv) In all other aspects, the judgment and award of the
tribunal is undisturbed.
Sd/-
JUDGE
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