Karnataka High Court
The Manager vs C N Rangaswamy on 18 December, 2023
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NC: 2023:KHC:46242
MFA No. 6414 of 2019
C/W MFA No. 2095 of 2018
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. 6414 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2095 OF 2018 (MV-D)
IN MFA NO. 6414 / 2019
BETWEEN:
1. C.N. RANGASWAMY
S/O NARASIGOWDA
AGED ABOUT 50 YEARS
2. SMT MANI @ MANIYAMMA
W/O RAMASWAMY
AGED ABOUT 45 YEARS
3. KAVYA C R
D/O C N RAMASWAMY
AGED ABOUT 29 YEARS
ALL ARE R/ AT
Digitally
signed by JAI CHINNANAHALLI VILLAGE
JYOTHI J BADDIKERE POST
Location:
HIGH COURT NUGGEHALLI HOBLI
OF CHANNARAYAPATNA TALUK
KARNATAKA
HASANA DIST.
...APPELLANTS
(BY SRI MUSHTAQ AHMED.,ADVOCATE)
AND:
1. SHANMUGAM
S/O MANIVALU
AGED ABOUT 45 YEARS
R/AT NO.228, RAMANNA GARDEN
NEW MUSLIM COLONY
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MFA No. 6414 of 2019
C/W MFA No. 2095 of 2018
BENGALURU -27
2. SRIRAM GENERAL INSURANCE CO LTD
ISSUING OFFICE 10003
E-RIICO INDUSTRIAL AREA
SITAPURA, JAIRPUR
RAJASTAN-302022
REP BY ITS MANAGER
...RESPONDENTS
(NOTICE TO R-1 IS DISPENSED WITH V.O.D 21.03.2023., BY
SRI B.PRADEEP.,ADVOCATE FOR R-2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED29.11.2017 PASSED IN MVC
NO.162/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT-XV, KUNIGAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN 2095 OF 2018 (MV-D)
BETWEEN:
THE MANAGER
SHRI RAM GIC LTD.,
E-8, EPIP, RAICO
INDUSTRIAL AREA, SITAPURA
JAIPURA , RAJASTAN 302 022
NOW REP BY
THE LEGAL MANAGER
SRHIRAM GENERAL INS CO LTD
NO.5/4, 3RD FLOOR, S V ARCADE
BELEKALHALLI MAIN ROAD
OPP BANNERGHATTA ROAD,
LIMB POST, BANGALORE -76
...APPELLANT
(BY SRI B.PRADEEP.,ADVOCATE)
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MFA No. 6414 of 2019
C/W MFA No. 2095 of 2018
AND:
1. C.N. RANGASWAMY
S/O NARASIGOWDA @ SANNATHIMMEGOWDA
AGED ABOUT 50 YEARS
2. SMT MANI @ MANIYAMMA
W/O RANGASWAMY
AGED ABOUT 44 YEARS
3. KAVYA C R
D/O C N RAMASWAMY
AGED ABOUT 29 YEARS
ALL ARE R/ AT
CHINNANAHALLI VILLAGE
BADDIKERE POST
NUGGEHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DIST.- 573 211
4. SHANMUGAM
S/O MANIVALU
AGED ABOUT 45 YEARS
R/AT NO.228, RAMANNA GARDEN
NEW MUSLIM COLONY
BENGALURU -27
...RESPONDENTS
(BY SRI., MUSTAQ AHMED., ADVOCATE FOR R-1 TO R-3.,
NOTICE TO R-4 IS DISPENSED WITH V.O.D 14.08.2019)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED29.11.2017 PASSED IN MVC
NO.162/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT-XV, KUNIGAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 6414 of 2019
C/W MFA No. 2095 of 2018
JUDGMENT
Aggrieved by the award passed in MVC.No.162/2014
dated 29.11.2017 on the file of the Senior Civil Judge and
MACT-XV at Kunigal. Both the claimant as well as the
insurance company are before this court. The appeal filed
by the claimant is MFA.No.6414/2019 and the appeal filed
by the insurance company is MFA.No.2095/2018.
2. The claim petition was filed by the claimants
seeking compensation of an amount of Rs.25,00,000/- for
the death of the deceased who is the son and brother of
the claimants. According to the claimants, the deceased
was working as a waiter and earning an amount of
Rs.9,000/- as salary and Rs.15,000/- per month as tips.
The court below as there was no evidence had considered
the salary at Rs.9,000/- and deducted 1/3rd and granted
an amount of Rs.12,96,000/- towards loss of dependency.
Towards love and affection an amount of Rs.30,000/- was
granted, towards loss of estate an amount of Rs.20,000/-
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was granted and towards funeral expenses an amount of
Rs.15,000/-. Altogether a compensation of an amount of
Rs.13,61,000/- was granted by the Tribunal.
3. Learned counsel for the claimant submits that
when it is case of the claimant that he is earning an
amount of Rs.24,000/- totally, the court below ought not
to have taken Rs.9,000/- as salary. It is submitted that
the court below had failed to take 40% future prospects
and the compensation awarded by the Tribunal was not
reasonable.
4. Learned counsel for the insurance company
submits that the court below, ought to have taken
Rs.8,000/- as income, as this is an accident of the year
2013. He submits that the court below had deducted 1/3rd
instead of ½ as it is case of bachelor and granted
compensation which is on the higher side.
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5. Having heard the learned counsel on either
side, perused the entire material on record. According to
the claimant, the deceased was earning an amount of
Rs.9,000/- as salary and an amount of Rs.15,000/- as
tips. Nothing was placed on record. Considering this, the
court below had taken Rs.9,000/- income which is on
higher side. This is accident of 2013, this court is inclined
to take Rs.8,000/- as salary. As rightly pointed out by the
learned counsel for the claimant that they are entitled for
40% future prospects i.e., Rs.3,200/-. Rs.8,000/- +
Rs.3,200/- = Rs.11,200/-. 50% has to deducted towards
the personal expenses. His contribution to the family
would be Rs.5,600/- x 12 x 18 = Rs.12,09,600/- under
the head of loss of dependency. Towards consortium
for the both parents, this court is granting an amount of
Rs.88,000/- and towards Funeral expenses this court is
granting an amount of Rs.33,000/-. Altogether the
claimant is entitled for compensation of an amount of
Rs.13,30,600/-.
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6. The claimants are entitled for compensation
under the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of Dependency Rs. 12,09,600/-
2. Consortium Rs. 88,000/-
3. Funeral Expenes Rs. 33,000/-
Total Rs. 13,30,600/-
7. Accordingly, the appeal filed by the Insurance
Company i.e., MFA.No.2095/2018 is Allowed-in-part by
reducing the compensation amount from an amount of
Rs.13,61,000/- to Rs.13,30,600/- and the appeal filed
by the Claimant i.e., MFA.No.6414/2019 is Dismissed.
(a) The amount in deposit shall be forthwith
transferred to the Tribunal.
(b) The Registry is directed to return the Trial
Court Record to the Tribunal along with
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the certified copy of the order passed by
this court forthwith without any delay.
(c) 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 claimant is
entitled to withdraw the entire amount without
furnishing any security.
(d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
TS
