Karnataka High Court
K Saroja vs United India Insurance Co Ltd on 6 December, 2023
-1-
NC: 2023:KHC:44189
MFA No. 8223 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.8223 OF 2017(MV-D)
BETWEEN:
1. K. SAROJA
W/O. LATE V. KUPPA SWAMY,
AGED ABOUT 59 YEARS
RESIDING AT FLAT NO.52,
3RD FLOOR, LAKKU RESIDENCY,
7TH CROSS, MALLESHWARAM,
BANGALORE-560 003.
...APPELLANT
(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
AND:
1. UNITED INDIA INSURANCE CO. LTD.,
R/O. KRISHI BHAVAN, 6TH FLOOR,
NREEPTHUNGA ROAD,
Digitally NEAR HUDSON CIRCLE,
signed by JAI
JYOTHI J BANGALORE-07.
Location:
HIGH POLICY ISSUED BY OFFICE AT
COURT OF
KARNATAKA 143/144, CKN CHAMBERS,
1ST MAIN ROAD,
SHESHADRIPURAM,
BANGLAORE-20.
(IP NO. 0722003115P/00946830 DT OF
VALIDITY 23.04.2015 TO 24.04.2016
MARUTHI VAN BEARING NOL KA-04-M-2692)
2. MR. B.S. RAMU
S/O. BAIYANNA,
-2-
NC: 2023:KHC:44189
MFA No. 8223 of 2017
MAJOR, R/AT NO.15,
PILINE, 'C' CROSS,
BASAPPA GARDEN,
MALLESHWARAM,
BANGALORE-03.
...RESPONDENTS
(BY SRI S. SRISHAILA, ADVOCATE FOR R1;
VIDE ORDER DATED 27.06.2022,
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.07.2017 PASSED IN MVC
NO.3559/2016 ON THE FILE OF THE XXI A.C.M.M. AND XXIII
ADDITIONAL SMALL CAUSES JUDGE, M.A.C.T., COURT OF
SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR JUDGMENT THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant seeking
enhancement of compensation aggrieved by the award
passed in M.V.C.No.3559/2016 dated 06.07.2017 on the
file of the Motor Accident Claims Tribunal, Court of Small
Causes, XXI ACMM and XXIII ASCJ, Bengaluru.
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2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the death of the
deceased in the accident. The claimant is the wife. It is
the case of the claimant that the deceased was 64 years
old and was working in a Marriage Bureau and doing real
estate business earning a sum of Rs.3,09,963/- per
annum. In support of this has produced the copy of the
income tax returns for the years 2015-2016 and 2016-
2017. The Court below has not considered these
documents, as they are not certified and issued by the
Department of Income Tax and considered the income at
Rs.8,000/- per month. Under the head of loss of
dependency, an amount of Rs.3,36,000/- was granted,
towards medical expenses an amount of Rs.11,666/-,
transportation and funeral expenses Rs.25,000/-, loss of
consortium Rs.80,000/- and loss of love and affection
Rs.80,000/- and in total, awarded compensation of
Rs.5,32,700/-.
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3. Learned counsel for the claimant submits that
the Court below had deducted 50% towards personal
expenses of the deceased. Learned counsel relying on the
judgment of the Apex Court in case of SARLA VERMA &
ORS. VS DELHI TRANSPORT CORP. & ANR. reported in
(2009) 6 SCC 121 submits that, towards loss of
dependency, for a married man, it is 1/3rd, and if the
dependants are 2 to 3, the loss of dependency would be
1/4th. The Court below had failed to take into consideration
the income tax returns and had taken a very meager
amount of Rs.8,000/- per month as the income of the
deceased which is on the lower side. It is submitted that
the compensation which is awarded by the Tribunal is not
reasonable.
4. Learned counsel appearing for the Insurance
Company submits that in SARLA VERMA's case, the
Hon'ble Apex Court had clearly held that, in case, if the
dependants are 2 to 3, the loss of dependency is 1/3rd.
Further, he submits that the Court below rightly not
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considered the income tax returns of the deceased.
Learned counsel submits that under the other heads i.e.,
loss of consortium and loss of love and affection, the Court
below had granted an amount of Rs.1,60,000/- which is on
the higher side. It is submitted that no grounds are made
out for enhancement of the compensation and already, the
compensation which is awarded by the Tribunal is on the
higher side.
5. Having heard the learned counsel on either
side, perused the material on record. First, coming to the
submission of the learned counsel for the claimant that as
per SARLA VERMA's case, only 1/3rd has to be deducted
towards loss of dependency in case of a married man, this
Court is not able to appreciate. As per SARLA VERMA's
case, the loss of dependency is 1/3rd where the
dependants are 2 to 3. In the light of the law laid down by
this Court in case of MANAGER, NATIONAL INSURANCE
CO. LTD., SHIVAMOGGA VS. T. CHANDRANAIKA AND
OTHERS reported in ILR 2018 KAR 2837, wherein the
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learned Judge had relied on the judgment of the Division
Bench in case of NEW INDIA ASSURANCE CO. LTD. VS.
SRI DAVID T. AND ANOTHER reported in ILR 2012
KAR 2859 and deducted 50%, where the dependant is
one.
6. This Court perused the entire judgment and in
the light of the law laid down by the Division Bench and as
the claimant is the only dependant, the Court below had
rightly deducted 50% towards loss of dependency and also
not considered the income tax returns, as they were not
certified by the Competent Authority. When it comes to
the submission of the learned counsel for the Insurance
Company, under other heads, the amounts that were
granted is on the higher side, as this is not an appeal filed
by the Insurance Company, but an appeal by the claimant
seeking enhancement of the compensation, this Court is
not inclined to go into that aspect.
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7. In the light of the above discussion, this Court
finds no reasons to interfere. Accordingly, the appeal is
dismissed.
i) 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.
ii) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
ST
