Karnataka High Court
Legal Manager vs Ravi on 21 November, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.8266/2017 (MV-D)
BETWEEN:
LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH FLOOR,
CENTENARY BUILDING, EAST WING,
NO.28, MG ROAD,
BANGALORE. ...APPELLANT
(BY SRI PRADEEP B, ADVOCATE)
AND:
1. RAVI,
S/O ANNAPPA NAIKA,
NOW AGED ABOUT 43 YEARS.
2. SMT. SUSHEELA,
W/O RAVI,
NOW AGED ABOUT 39 YEARS.
BOTH ARE R/O. MURUKAI VILLAGE,
SINGANABIDRE POST,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT.
3. MAHESWARAN,
S/O SELVASWAMY,
NOW AGED ABOUT 43 YEARS,
R/O. KANDI VEEDHI,
R.K. NAGAR, ARYAMGUPPAM,
PONDICHERRY.
2
4. R. JAYAKUMAR,
S/O. RANGANATHAM,
R/O NO.79, E.B. COLONY,
SALAMDE, VILLUPURAM, 605 401.
TAMIL NADU STATE
...RESPONDENTS
(BY SRI H.S. PRASHANTH, ADVOCATE FOR R1,
SRI M.V. MAHESHWARAPPA,ADVOCATE FOR R2,
NOTICE TO R3 IS DISPENSED WITH
VIDE ORDER DATED 21.11.2022,
R4 SERVED AND UNREPRESENTED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 17.08.2017 PASSED
IN MVC NO.181/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, &
JMFC, ADDITIONAL MACT-14, THIRTHALLI, AWARDING
COMPENSATION OF RS.9,43,000/- WITH INTEREST @ 6% P.A
FROM THE DATE OF PETITION TILL DEPOSIT.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and the
learned counsel for respondent Nos.1 and 2.
2. This appeal is filed challenging the judgment and
award dated 17.08.2017, passed in M.V.C.No.181/2016, on the
file of the Senior Civil Judge and JMFC, Additional MACT-14,
Thirthahalli, ('the Tribunal' for short).
3. The learned counsel for the appellant submits that
the Tribunal committed an error in deducting 1/3rd of the income
towards personal expenses in a case of death of a bachelor and
the same is erroneous. The Tribunal ought to have deducted
50% towards personal expenses.
4. Per contra, The learned counsel for respondent Nos.1
and 2 submits that the future prospects has not been added
while disposing the matter and hence this Court can invoke
Order 41 Rule 33 of CPC.
5. Having heard the respective learned counsel and also
on perusal of the material available on record, the points that
arise for the consideration of this Court are:
(i) Whether the Tribunal has committed an error
in awarding exorbitant compensation as
contended in the appeal?
(ii) Whether the claimants have made out a case
to invoke Order 41 Rule 33 of CPC?
(iii) What order?
Point Nos.(i) and (ii):
6. Having heard the respective learned counsel and also
on perusal of the material available on record, the deceased was
aged about 22 years as on the date of the accident. The
Tribunal has taken the income of the deceased at Rs.5,500/- per
month and in a case of the accident of the year 2015, the
notional income would be Rs.9,000/- per month and 40% of the
income has to be added towards future prospects. The Tribunal
committed an error by deducting 1/3rd towards personal
expenses. Since he is a bachelor, it is appropriate to deduct
50% of the income and the relevant multiplier applicable would
be '18'. Now the 'loss of dependency' is calculated as under:
Monthly income - Rs.9,000/-
Add: 40% towards
Future prospects - Rs.3,600/-
--------------
- Rs.12,600/-
Less: 50% towards
Personal expenses - Rs.6,300/-
--------------
- Rs.6,300/-
------------------
Loss of dependency = Rs.13,60,800/-
(Rs.6,300/- x 12 x 18) -------------------
7. Apart from that, the claimants being the parents of
the deceased are entitled to Rs.40,000/- each i.e., Rs.80,000/-
under the head loss of consortium and loss of love and affection
and Rs.33,000/- under the conventional head.
8. In all, the claimants are entitled for compensation of
Rs.14,73,800/- as against Rs.9,43,000/-.
Point No.(iii):
9. In view of the discussions made above, I pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award of the
Tribunal dated 17.08.2017, passed in
M.V.C.No.181/2016, is modified granting
compensation of Rs.14,73,800/- as against
Rs.9,43,000/- with interest at 6% per annum
from the date of petition till deposit.
(iii) The Insurance Company is directed to pay the
compensation amount with interest within six
weeks from today.
(iv) The Registry is directed to transmit the records
to the concerned Tribunal, forthwith.
Sd/-
JUDGE
MD
