Karnataka High Court
Smt Savithramma vs Shriram Gen Ins Co Ltd on 21 December, 2023
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NC: 2023:KHC:46941
MFA No. 5417 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5417 OF 2019 (MV-I)
BETWEEN:
1. SMT. SAVITHRAMMA,
W/O.MARIGOWDA,
AGED ABOUT 42 YEARS,
2. SMT. ANITHA,
W/O. RAVI,
AGED ABOUT 24 YEARS,
3. SMT. SUNITHA,
W/O. MAHESH,
AGED ABOUT 22 YEARS,
1ST AND 3RD PETITIONERS ARE
R/AT : NO.84, 24 MAIN ROAD,
Digitally 6TH CROSS, BENGALURU SOUTH,
signed by
JAI JYOTHI J HSR LAYOUT, BENGALURU - 102.
Location:
HIGH
COURT OF 2ND PETITONER R/AT :
KARNATAKA
HANUMANAHALLI VILLAGE,
KASABA HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DIST - 572112.
...APPELLANTS
(BY MS. NITHYA V., ADVOATE FOR
SRI. PRAKASH M.H., ADVOCATE)
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MFA No. 5417 of 2019
AND:
1. SHRIRAM GEN. INS. CO. LTD.,
OFFICE AT NO.S-5, 3RD FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD,
BENGALURU - 560 009.
REP. BY ITS MANAGER.
2. UNIVERSAL SOMPO GEN.INS.CO.LTD.,
OFFICE AT KVV SAMRAT,
NO.217/A, 4TH FLOOR, 3RD MAIN ROAD,
KASTURINAGAR,
BENGALURU-560043.
REP. BY ITS MANAGER.
3. SRI. SAKTHIVEL,
S/O. ARMUGA NADAR,
R/AT: 31, VOC NAGAR,
R. S. PURAM,
COIMBATORE,
TAMILNADU STATE.
4. SRI. POLTHIMMAPPAGARI ANIL KUMAR,
S/O.POOLA THIMMAAP,
(SINCE RC OWNER IS DEAD, HENCE REP. BY HIS
FATHER AND AS LRS OF THE DECEASED RC OWNER)
SRI.POOLA THIMMAPAP,
S.O.RAMANJANAPPA,
AGED JABOUT 47 6YEARS,
R/AT:SOMASUNDER PALYA,
HSR LAYOUT,
NEAR GURUMURTHY TEMPLE,
BENGALURU - 560102.
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MFA No. 5417 of 2019
5. SRI. MARIGOWDA,
AGED ABOUT 50 YEARS,
R/AT : SETTIKEREDODDI VILLAGE,
KODIHALLI HOBLI,
KANAKAPURA TALUK,
RAMANGARA DIST - 572217.
...RESPONDENTS
(BY SRI. B. C. SHIVANNE GOWDA., ADVOCATE FOR R1
VIDE ORDER DATED 14.07.2022;
SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R2;
VIDE ORDER DATED 19.07.2023, NOTICE TO
R3 TO R5 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.02.2019 PASSED IN MVC
NO. 4320/2017 ON THE FILE OF THE X ADDITIONAL JUDGE,
COURT OF SMALL CAUSES BENGALURU PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
M.V.C.No.4320/2017 dated 08.02.2019 by the Court of
Small Causes and MACT, Bengaluru, the claimants are
before this Court seeking enhancement of the
compensation.
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2. The claim petition was filed seeking compensation of
an amount of Rs.30,00,000/- for the death of the
deceased in the accident. The deceased was aged about
19 years and according to the claimant he was earning an
amount of Rs.15,000/- per month by doing Photoframe
Work. According to the claimants on 11.07.2017 at 6.30
p.m. the deceased was going towards Bengaluru from
Kanakapura by traveling in a Car bearing Reg.No.KA-01-
AF-7190. When the Car reached near HP petrol Bunk at
Thoppaganahalli Village, a Goods Canter bearing
No.TN-66-C-4487 driven by its driver, came from opposite
side, due to negligence of both the drivers the accident
occurred on a result of which the deceased succumbed to
the injuries on the spot itself. The Court below had held
that due to composite negligence on the part of the drivers
of the Car and Goods Canter the accident had taken place
and held that there is contributory negligence on their
behalf and held that both the owners and the Insurance
Companies are jointly and severally liable to pay the
amount. When it comes to the compensation, the Court
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had considered the monthly of the deceased at
Rs.9,000/- and an amount of Rs.13,60,800/- was granted
as compensation towards loss of dependency and
Rs.15,000/- towards loss of estate and Rs.15,000/- was
granted towards funeral and transportation expenses.
Totally compensation of an amount of Rs.13,90,800/- was
granted by the Court below.
3. Learned counsel appearing for the claimants submits
that the compensation granted by the Court below is not
just and reasonable. It is submitted that when it comes to
income the deceased was doing photoframe work and
earning Rs.15,000/- per month, but the Court had taken
only Rs.9,000/- which is on the lower side. It is submitted
that even under the other conventional heads also the
amounts that were granted by the Tribunal were not
reasonable.
4. Learned counsel appearing for the
respondent/Insurance Company submits that the Court
below had rightly considered the evidence and taken the
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income at Rs.9,000/- per month and no grounds are made
out for enhancement of the compensation.
[
5. Having heard learned counsel on either side,
perused the material on record.
6. In this case, the accident had taken place in the year
2017. According to the claimants, the deceased was doing
photoframe work and was earning Rs.15,000/- per month,
but the Court had taken at Rs.9,000/- per month.
Considering the year of accident, this Court is inclined to
take the monthly income at Rs.11,000/-. As the deceased
is 19 years old, 40% future prospects would come to 40%
(Rs.11,000/- + 40% = Rs,4,400/- = Rs.15,400/-). As he
is a bachelor 50% has to be deducted towards personal
expenses which would come to Rs.7,700/- (Rs.15,400 x
50%). Under the head 'loss of future income' it would
come to Rs.16,63,200/- (Rs.7,700 x 12 x 18
=Rs.16,63,200/-). In the light of the law laid down in
NATIONAL INSURANCE COMPANY LIMITED -V-
NC: 2023:KHC:46941
PRANAY SETHI & OTHERS1 case and enhancement of
amount by 10% every three years, under the head of 'loss
of consortium' the claimants are entitled to Rs.96,000/-
(Rs.48,000/- x 2) and towards funeral expenses
Rs.36,000/-.
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 ANOTHER2, the claimants are entitled for
an amount of Rs.10,000/- towards legal expenses.
8. Accordingly the claimants are entitled for the
following compensation :-
1 Loss of future income Rs.16,63,200/-
2 Loss of consortium Rs. 96,000/-
(Rs.48,000/- x 2)
3 Towards funeral Rs. 36,000/-
expenses
4 Legal Expenses Rs. 10,000/-
Total Rs.18,05,200/-
(2017) 16 SCC 680
(2014) 11 SCC 178
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i) Accordingly, the Appeal of the claimants is
allowed-in-part by enhancing the compensation
amount from Rs.13,90,800/- to Rs.18,05,200/-.
ii) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
iii) The respondent Nos.1 and 4 are jointly and
severally liable to pay the compensation as above.
Insurance Companies 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) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy of
the order passed by this Court forthwith without any
delay.
v) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
SD/-
JUDGE
NG
