Karnataka High Court
Smt. K M Geetha vs Kumar K on 6 September, 2022
Bench: N S Gowda
-1-
MFA No. 6925 of 2012
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
M. F. A. NO.6925 OF 2012 (MV-D)
BETWEEN:
1. SMT. K M GEETHA
W/O LATE L. NAGARAJ
AGED ABOUT 41 YEARS
2. K N DATSHAN
S/O LATE L NAGARAJ
AGED ABOUT 21 YEARS
3. K N ANUSHA
D/O LATE L. NAGARAJ
AGED ABOUT 18 YEARS
4. LAKSHMANAPPA
S/O LATE YELLAPPA
AGED ABOUT 74 YEARS
5. SMT SAROJAMMA
W/O LAKSHMANAPPA
Digitally signed AGED ABOUT 65 YEARS
by PANKAJA S
Location: High
Court of ALL THE APPELLANTS ARE
Karnataka
R/A NO.1916, 3RD MAIN, 2ND CROSS
KENGERI SATELITE TOWN, BANGALORE-560006.
...APPELLANTS
(BY SRI. M BABU., ADVOCATE)
-2-
MFA No. 6925 of 2012
AND:
1. KUMAR K
S/O KANNAN MANIYAKAR
R/A SANTHOR(PO)
POCHAM PALLY
KRISHNAGIRI-635206
TAMILNADU
2. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
B/H I, MANGALAM BUILDING
4 ROADS, SALEM -636 009.
...RESPONDENTS
(BY SRI. O MAHESH, ADVOCATE FOR R2
NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED
12.08.2015)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 1.2.2012 PASSED IN
MVC NO.6302/2010 ON THE FILE OF THE 18TH ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4,
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
1. The appeal is filed seeking for enhancement of
compensation.
MFA No. 6925 of 2012
2. It is not in dispute that as a result of the motor
vehicle accident which occurred on 14.08.2010, a 46
year old died.
3. It is not in dispute that the Insurer is liable to pay
the compensation as the offending vehicle was insured.
4. The Tribunal, on assessment of the evidence
adduced before it, has come to the conclusion that the
driver of the offending vehicle was responsible for the
accident which has resulted in the death of L. Nagaraj.
The Tribunal has thereafter proceeded to award the
following sums as compensation:
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 3,51,000
2. Loss of Consortium 10,000
3. Funeral expenses & 10,000
Transportation charges
4. Loss of estate 10,000
Total 3,81,000
MFA No. 6925 of 2012
5. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income, notionally
at Rs.3,000/-. As there is no credible evidence to
ascertain the actual monthly income, it would be
appropriate and prudent to adopt the monthly income
determined by Karnataka State Legal Services
Authority, which, for the accident of the year 2010,
would be Rs.5,500/-. To the aforesaid amount, 25%
has to be added on account of future prospects, which
comes to Rs.6,875/-, out of which, 1/4th would have to
be deducted towards personal expenses and therefore,
the monthly income comes to Rs.5,156/-.
6. As the deceased was aged 46 years, a multiplier of
'13' will have to be applied. Consequently, the claimant
would be entitled to a sum of Rs.8,04,336/- (5,156 x 12
x 13) towards "loss of dependency".
7. The claimants being the wife, children and
parents, would each be entitled to a sum of Rs.44,000/-
MFA No. 6925 of 2012
towards "loss of consortium" and they would also be
entitled to a sum of Rs.33,000/- under the
"conventional heads".
8. Thus, the claimants, in modification of the
impugned award, would be entitled to the following
sums
Sl. Amount
Particulars
No. in (Rs.)
1. Loss of Dependency 8,04,336/-
2. Loss of Consortium 2,20,000/-
3. Conventional Head 33,000/-
Total 10,57,336/-
9. Thus, the claimant would be entitled for
compensation of Rs.10,57,336/- as against
Rs.3,81,000/- awarded by the Tribunal, along with
interest at the rate of 6% per annum from the date of
petition till its realization.
MFA No. 6925 of 2012
10. The Insurance Company is directed to deposit the
amount of compensation awarded within a period of two
months from the date of receipt of a certified copy of
this judgment.
The appeal is accordingly allowed in part.
SD/-
JUDGE
RD
