Karnataka High Court
The Manager vs Smt Muthamma on 18 December, 2023
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MFA No. 8825 of 2017
C/W MFA.CROB No. 151 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8825 OF 2017 (MV-D)
C/W
MFA CROSS OBJECTION NO. 151 OF 2022 (MV-D)
IN M.F.A.NO.8825/2017
BETWEEN:
THE MANAGER
SHRI RAM GIC LTD.
E-8, EPIP, RAICO
INDUSTRIAL AREA, SITAPURA
JAIPURA, RAJASTAN - 302 022.
NOW REP BY
THE LEGAL MANAGER
SHRIRAM GENERAL INS. CO. LTD.,
NO.5/4, 3RD FLOOR, S.V. ARCADE
Digitally BELEKALHALLI MAIN ROAD
signed by JAI
JYOTHI J OPP BANNERGHATTA ROAD
LIMB POST, BENGALURU - 76.
Location:
HIGH COURT ...APPELLANT
OF
KARNATAKA (BY SRI: B PRADEEP, ADVOCATE)
AND:
1. SMT. MUTHAMMA
W/O LATE BORAIAH
NOW AGED ABOUT 54 YEARS
2. H.B. JYOTHI
D/O LATE BORAIAH
NOW AGED ABOUT 39 YEARS
3. SRI. NAGESH
S/O LATE BORAIAH
NOW AGED ABOUT 35 YEARS
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MFA No. 8825 of 2017
C/W MFA.CROB No. 151 of 2022
4. SHANTHI .H.B
D/O LATE BORAIAH
NOW AGED ABOUT 28 YEARS
5. SHRUTHI
D/O LATE BORAIAH
NOW AGED ABOUT 26 YEARS
6. DODDATHAYAMMA
W/O LATE BORALINGAIAH
NOW AGED ABOUT 82 YEARS
ALL ARE RESIDING
DOOR NO.202
2ND CROSS, KUMBARAKOPPALU
MYSORE - 570 026.
ALL ARE PERMANENTLY RESIDING
HAMPAPURA VILLAGE
K.R. NAGAR, MYSORE.
7. THE HEAD MASTER
NALANDA PRIMARY SCHOOL
KERALA PURA POST
ARKALGUD POST
HASSAN DISTRICT - 573 102.
...RESPONDENTS
(BY SRI: LOKESH D.K. FOR
SRI: P. NATARAJU, ADVOCATES FOR R1 TO R6
R7 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017 PASSED
IN MVC NO.13/2015 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC,
MEMBER MACT., K.R. NAGAR. AWARDING COMPENSATION OF
RS.8,20,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF
PETITION TILL REALISATION.
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MFA No. 8825 of 2017
C/W MFA.CROB No. 151 of 2022
IN M.F.A.CROB.NO.151/2022
BETWEEN:
1. SMT. MUTHAMMA
AGED ABOUT 59 YEARS
W/O LATE BORAIAH
2. H.B. JYOTHI
AGED ABOUT 44 YEARS
D/O LATE BORAIAH
3. SRI. NAGESH .H.B
AGED ABOUT 40 YEARS
S/O LATE BORAIAH
4. SHANTHI .H.B
AGED ABOUT 33 YEARS
D/O LATE BORAIAH
5. SHRUTHI
AGED ABOUT 31 YEARS
D/O LATE BORAIAH
6. SMT. DODDATHAYAMMA
AGED ABOUT 87 YEARS
W/O LATE BORALINGAIAH
CROSS OBJECTORS NO.1 TO 6 ARE
PRESENTLY R/AT DOOR NO.202
2ND CROSS, KUMBARAKOPPALU
MYSURU - 570 004.
PERMANENTLY RESIDING AT
HAMPAPURA VILLAGE
K.R. NAGARA TALUK
MYSURU DISTRICT - 571 602.
...CROSS OBJECTORS
(BY SRI: LOKESH D.K. FOR
SRI: P. NATARAJU, ADVOCATES)
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MFA No. 8825 of 2017
C/W MFA.CROB No. 151 of 2022
AND:
1. THE MANAGER
THE SRIRAM GENERAL
INSURANCE COMPANY LTD.
NO.E-8, EPID, RIICO
INDUSTRIAL AREA, SITAPURA
JAIPURA, RAJASTHAN
STATE - 302 022.
REPRESENTED BY
THE LEGAL MANAGER
SRIRAM GENERAL INSURANCE
COMPANY LTD., NO.5/4
3RD FLOOR, S.V. ARCADE
BELEKAHALLI MAIN ROAD
OPP BANNERGHATTA ROAD
LIMB POST, BENGALURU - 560 076.
2. THE HEAD MASTER
NALANDA PRIMARY SCHOOL
KERLAPURA VILLAGE
ARKALGUD POST
HASSAN DISTRICT - 573 136.
....RESPONDENTS
(SRI: B. PRADEEP, ADVOCATE FOR R2;
NOTICE TO R1 HELD SUFFICIENT V/O/DTD 30.11.2022)
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 READ
WITH SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 28.03.2017 PASSED IN MVC.NO.13/2015 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MEMBER, MACT, K R
NAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFA AND MFA CROB, COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 8825 of 2017
C/W MFA.CROB No. 151 of 2022
JUDGMENT
MFA No.8825 of 2017 is filed by the Insurance
Company aggrieved by the award passed in MVC No.13 of
2015, dated 28.03.2017 on the file of the Senior Civil
Judge and JMFC, Member, MACT, K R Nagar, whereby the
Tribunal granted an amount of Rs.8,20,000/- as
compensation, whereas, the claimants have preferred
MFA.Crob.No.151 of 2022 seeking enhancement of the
compensation.
2. The claim petition was filed seeking
compensation of an amount of Rs.32,00,000/-, for the death
of the deceased in the accident. The claimants are 6 in
number and it is the case of the claimants that the deceased
was earning Rs.20,000/- per month. The Tribunal has taken
Rs.6,000/- as his income.
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3. The Court below had granted compensation
under various heads as follows:
Heads Compensation
Awarded
1. Loss of dependency : Rs. 5,40,000/-
2. Loss of love and affection : Rs. 1,50,000/-
3. Funeral & Obsequies : Rs. 30,000/-
4. Loss of consortium : Rs. 1,00,000/-
TOTAL : Rs. 8,20,000/-
4. Learned counsel appearing for the appellant -
Insurance Company submits that considering the age of
the deceased at 62, the multiplier applicable is '7', instead
of that, the Court below had taken the multiplier at '10'.
He further submits that the compensation that is awarded
by the Tribunal is on the higher side.
5. Learned counsel appearing for the claimants
submits that from the date of accident and the date of
death, there is a gap of a week and that he has been
hospitalized and had spend amount, but no amount was
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granted. He submits that the Court below ought to have
taken the income at Rs.20,000/- instead of Rs.6,000/-.
The compensation that was granted is not reasonable.
6. Having heard the learned counsels on either
side, perused the entire material on record. In this case,
according to the claimants, the deceased was earning
Rs.20,000/- per month. There are no evidence on record
to substantiate the same. But considering the fact that
this is an accident of the year 2014, this Court is taking
Rs.8,500/- as income and in that 1/3rd has to be deducted
towards personal expenses i.e., Rs.2,833/-. Rs.5,667
would be his contribution to the family (5677 x 12 x 7 =
Rs.4,76,028/-). Hence, an amount of Rs.4,76,028/- is
granted towards loss of dependency. There are 6
claimants i.e., wife, children and mother and they are
entitled for loss of consortium at Rs.2,64,000/- (i.e., 6
x 44) and an amount of Rs.33,000/- towards funeral
expenses.
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7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for
an amount of Rs.10,000/- towards Legal Expenses.
8. The claimants are therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Loss of dependency : Rs. 4,76,028/-
2. Loss of consortium ` : Rs. 2,64,000/-
3. Funeral Expenses : Rs. 33,000/-
4. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 7,83,028/-
9. Accordingly, the appeal filed by the Insurance
Company is partly allowed, by reducing the
compensation amount from Rs.8,20,000/- to
Rs.7,83,028/- and the rate of interest is reduced from
(2014) 11 SCC 178
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9% to 6% per annum. Consequently, cross objection filed
by the claimants is dismissed.
ii) The compensation amount shall carry interest
at 6% p.a., from the date of petition till the
date of realization.
iii) The respondent - Insurance Company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimants are
entitled to withdraw the entire amount without
furnishing any security.
iv) The amount in deposit shall be forthwith
transferred to the Court below.
v) If any excess amount is in deposit, the
Insurance Company is at liberty to withdraw the
same.
vi) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
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copy of the order passed by this Court forthwith
without any delay.
vii) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
*bgn/-
