Icici Lombard General Insurance ... vs Smt Nagalakshmi
2022 Latest Caselaw 12470 Kant

                              1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 14TH DAY OF OCTOBER, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

               M.F.A.NO.9376 OF 2017 (MV-D)

BETWEEN

ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED,
2ND FLOOR, H.V.R COMPLEX
NO.89, HOSUR MAIN ROAD
MADIVALA, BENGALURU
NOW REP BY
ICICI LOMBARD GENERAL INSURANCE
COMPANY LIMITED
NO.204, 1ST FLOOR
MYTHRI ARCADE
NEW KANTHARAJ URS ROAD
SARASWATHIPURAM, MYSURU
REP BY ITS MANAGER-LEGAL
                                                ...APPELLANT

(BY SRI: K.S. LAKSHMI NARASAPPA, ADVOCATE FOR
    SRI. A M VENKATESH, ADVOCATE-THROUGH VC)

AND

1.    SMT NAGALAKSHMI
      W/O LATE SHIVASHANKAR
      AGED ABOUT 26 YEARS

2.    CHAITHANYAKUMAR
      S/O LATE SHIVASHANKAR
      AGED ABOUT 6 YEARS

3.    CHETHAN
      S/O LATE SHIVASHANKAR
      AGED ABOUT 6 YEARS
                              2



4.   LAKSHMANA
     S/O LATE BHEEMAPPA
     AGED ABOUT 56 YEARS

5.   SMT PARVATHAMMA
     W/O LAKSHMANA
     AGED ABOBUT 49 YEARS

     SINCE RESP.NOS. 2 AND 3 ARE MINORS,
     REP BY THEIR NATURAL GUARDIAN AND MOTHER
     RESPONDENT NO. 1 HEREIN

     ALL ARE R/O KYATAGANAKERE,
     NAGALAMADIKE HOBLI,
     PAVAGADA TALUK,
     TUMAKURU DISTRICT.

6.   B LAKSHMIDEVI
     W/O NAGABHUSHANA
     AGED ABOUT 51 YEARS
     R/O NO.2/475, III ROAD
     BANK SIDE, SURYA PUBLIC SCHOOL
     ANANTHAPURA DISTRICT
     ANDHRA PRADESH
     (OWNER OF MARUTHI SWIFT DZIRE BSIVE CAR
     BEARING REG NO.AP-02/BD-4679)

                                              ... RESPONDENTS
(BY SRI: MUSHTAQ AHMED, ADVOCATE FOR R1 TO R5;
    R2 & R3 ARE MINORS REPTD. BY THEIR MOTHER
    AND NATURAL GUARDIAN R1;
    V/O DATED 24.3.2022 NOTICE TO R6 IS D/W)


     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 14.08.2017 PASSED IN
MVC NO.215/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC,
PAVAGADA, AWARDING COMPENSATION OF RS.15,88,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE
OF CLAIM PETITION.

     THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                                   3



                         JUDGMENT

1. Though this matter is listed for non-filing of

acknowledgment for having deposited the amount before this

Court and I.A.No.1/2021 for withdrawal of the amount, with the

consent of both the parties, it is taken up for final disposal.

2. On perusal of the judgment and award of the Tribunal, the

Tribunal has awarded compensation of more than Rs.5,00,000/-

under the conventional head and the Tribunal has taken the

monthly income of the deceased at Rs.5,000/- p.m., while

assessing the loss of dependency for the accident that occurred

in the year 2015, which ought to have been taken Rs.9,000/-

p.m. and no appeal is filed by the claimants against the

quantum. If the monthly income was taken at Rs.9,000/- p.m.,

the claimants would have been entitled to receive compensation

around Rs.20,00,000/-. Since the claimants have not preferred

any appeal for enhancement of compensation, the compensation

awarded by the Tribunal under the conventional heads cannot be

termed as higher compensation. Hence, I do not find any

ground in the appeal to interfere with the findings of the

Tribunal.

3. In view of the discussions made above, I pass the

following:

ORDER

(i) The appeal is dismissed.

(ii) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith.

Sd/-

JUDGE

Prs*