Karnataka High Court
Smt Shashikala N vs Manager Radiant Protection Force Pvt ... on 13 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:45388
MFA No. 8420 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8420 OF 2022 (MV)
BETWEEN:
1. SMT SHASHIKALA N
W/O LATE HANUMANTHAPPA K
AGED ABOUT 26 YEARS.
2. SHANVI H
DIED
3. SMT MADDAMMA
W/O LATE KARAGAIAH
AGED ABOUT 67 YEARS
BOTH ARE RESIDING AT NO.32
PADUVANAGERE VILLAGE
T HOSAHALLI POST
MARALAVADI HOBLI
KANAKAPURA TALUK
Digitally signed
RAMANAGARA DISTRICT-562112.
by ...APPELLANTS
DHANALAKSHMI
MURTHY
(BY SRI. TEJAS N.,ADVOCATE)
Location: High
Court of
Karnataka AND:
1. MANAGER
RADIANT PROTECTION FORCE PVT LTD
OFF/AT NO.57/3 10TH CROSS
GUNDAPPA GOWDA ROAD
BANGALORE-560047.
2. THE MANAGER
ROYAL SUNDARAM GENERAL
INSURANCE LTD.,
-2-
NC: 2023:KHC:45388
MFA No. 8420 of 2022
OFF AT NO.30 3RD FLOOR
JNR CITY CENTRE
RAJARAM MOHN ROY ROAD
SAMPANGI RAMANAGARA
C2-BANGALORE, BANGALORE-560027.
...RESPONDENTS
(BY SRI. P.B. RAJU., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 13.12.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:18.07.2022
PASSED IN MVC NO.1705/2020 ON THE FILE OF THE MACT,
BENGALURU CITY, (SCCH-14), C/c. XVI ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the claimants being aggrieved by
the judgment and award dated 18.7.2022 passed by the
MACT, Bangalore in MVC 1705/2020.
NC: 2023:KHC:45388
2. Facts giving rise to the filing of the appeal briefly
stated are that on 21.4.2020, when the deceased
Hanumanthappa.P.K. was proceeding on motorcycle
bearing registration No.KA-42-S-7180 near District Jail,
Ramanagara, at that time, Mahindra LGV cash van bearing
registration No.KA-03-AD-3710 which was being driven in
a rash and negligent manner, dashed against the
deceased. As a result of the aforesaid accident, the
deceased sustained grievous injuries and succumbed to
the injuries.
3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, the respondents appeared
through counsel and filed written statement denying the
averments made in the claim petition.
NC: 2023:KHC:45388
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.1 as PW-1 and another witness as
PW-2 and got exhibited documents namely Ex.P1 to
Ex.P13 On behalf of respondents, neither any witness was
examined nor any document was produced. The Claims
Tribunal, by the impugned judgment, inter alia, held that
the accident took place on account of rash and negligent
driving of the offending vehicle by its driver, as a result of
which, the deceased sustained injuries and succumbed to
the injuries. The Tribunal further held that the claimants
are entitled to a compensation of Rs.47,48,360/- along
with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, this appeal has been
filed.
6. The learned counsel for the claimants has raised the
following contentions:
NC: 2023:KHC:45388
a) Firstly, the claimants claim that the deceased was
aged about 33 years at the time of the accident and he
was earning Rs.26,000/- per month by working as Press
Reporter in Public TV and produced salary certificate and
bank statement at Ex.P-7 and 8. The Tribunal after
deducting profession tax of Rs.200/- has rightly taken the
monthly income of the deceased as Rs.25,800/-.
b) Secondly, as per the law laid down by the Hon'ble
Supreme Court in the case of NATIONAL INSURANCE
CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017
SC 5157], in case the deceased was having a permanent
job, an addition of 50% of the established income towards
'future prospects' should be the warrant where the
deceased was below the age of 40 years. But the Tribunal
has added only 40% of the income.
c) Thirdly, as per the law laid down by the Hon'ble
Supreme Court in the case of PRANAY SETHI (supra),
the claimants are entitled for Rs.15,000/- towards 'loss of
estate' and Rs.15,000/- towards 'funeral expenses'. The
same has been right awarded.
NC: 2023:KHC:45388
d) Fourthly, as per the judgment of the Hon'ble
Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
2782], each of the claimants are entitled for
compensation of Rs.40,000/- under the head of 'loss of
love and affection and consortium'.
e) Lastly, considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is on the lower side. Hence, he prays for allowing
the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following counter-
contentions:
a) Firstly, even though the claimants claim that the
deceased was earning Rs.26,000/- per month and
produced salary certificate, since the employer has not
been examined, the income taken by the Tribunal is on the
higher side.
NC: 2023:KHC:45388
b) Secondly, since the deceased was not having
permanent job, the Tribunal has rightly added 40% of
income towards 'future prospects'.
c) Thirdly, on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable. Hence, he prays for
dismissal of the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that Hanumanthappa died in the
road traffic accident occurred on 21.4.2020 due to rash
and negligent driving of the offending vehicle by its driver.
10. The claimants claim that deceased was earning
Rs.26,000/- per month by working as Press Reporter at
Public TV and produced salary certificate and bank
statement. The Tribunal after deducting profession tax of
NC: 2023:KHC:45388
Rs.200/-, has rightly taken the notional income of the
deceased at Rs.25,800/- p.m. From the salary slip and
bank statement produced by the claimants, it is very clear
that deceased was a permanent employee and drawing
monthly salary of Rs.25,800/- and therefore, they are
entitled for 50% addition of income towards 'future
prospects'. Hence, to the aforesaid income, 50% has to be
added on account of future prospects in view of the law
laid down by the Constitution Bench of the Supreme Court
in 'PRANAY SETHI' (supra) instead of 40% added by the
Tribunal. Thus, the monthly income comes to
Rs.38,700/-. Since there are three dependents, it is
appropriate to deduct 1/3rd of the income of the deceased
towards personal expenses and remaining amount has to
be taken as his contribution to the family. The deceased
was aged about 33 years at the time of the accident and
multiplier applicable to his age group is '16'. Thus, the
claimants are entitled to compensation of Rs.49,53,600/-
(Rs.38,700*12*16*2/3) on account of 'loss of
dependency'.
NC: 2023:KHC:45388
11. In addition, the claimants are entitled to
compensation of Rs.15,000/- on account of 'loss of estate'
and compensation of Rs.15,000/- on account of 'funeral
expenses'. Claimant No.1, wife of the deceased is entitled
for compensation of Rs.40,000/- under the head of 'loss of
spousal consortium'.
12. In view of the law laid down by the Supreme Court in
the case of 'MAGMA GENERAL INSURANCE' (supra),
claimant No.2, daughter of the deceased is entitled for
compensation of Rs.40,000/- under the head of 'loss of
parental consortium' and claimant No.3, mother of the
deceased is entitled for compensation of Rs.40,000/-
under the head of 'loss of filial consortium'.
13. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 49,53,600
- 10 -
NC: 2023:KHC:45388
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal consortium 40,000
Loss of Parental consortium 40,000
Loss of Filial consortium 40,000
Total 51,03,600
14. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of
Rs.51,03,600/- as against Rs.47,48,360/- awarded by
the Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest at 6% p.a. from
the date of filing of the claim petition till the date of
realization, within a period of six weeks from the date of
receipt of copy of this judgment.
- 11 -
NC: 2023:KHC:45388
e) The apportionment, deposit and release of amount
shall be made in terms of the award of the Tribunal.
Sd/-
JUDGE
DM
