Karnataka High Court
The New India Assurance Company Limited vs Shri. Gangadhara on 7 December, 2023
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MFA No. 780 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 780 OF 2018 (MV-D)
BETWEEN:
1. THE NEW INDIA ASSURANCE COMPANY LIMITED,
SERVICE CENTRE-BRANCH OFFICE,
OPP: RAMA MANDIRA,
K.R. ROAD,
K.R. EXTENSION,
TUMKUR 572 101.
REPRESENTED BY
THE MANAGER,
THE NEW INDIA ASSURANCE COMPANY LIMITED,
ND FLOOR, MAHALAKSHMI CHAMBERS,
NO.9/2, M.G. ROAD,
BANGALORE 560 001.
...APPELLANT
(BY SRI.B.R.VENKATESH KAMATH.,ADVOCATE)
Digitally
signed by JAI AND:
JYOTHI J
Location:
HIGH COURT 1. SHRI. GANGADHARA,
OF S/O LATE SHRI SIDDARAMAIAH,
KARNATAKA
AGED ABOUT 51 YEARS,
2. SMT. SUVARNAMMA,
W/O SHRI GANGADHARA,
AGED ABOUT 46 YEARS,
3. SRI. DILIPKUMAR,
S/O SRI. GANGADHARA
AGED ABOUT 24 YEARS,
ALL THE THREE PETITIONERS/RESPONDENTS
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MFA No. 780 of 2018
ARE RESIDENTS OF MARANAGERE VILLAGE,
THENDEKERE VILLAGE,
MADIHALLI HOBLI,
HASSAN DISTRICT - 573 216.
4. SRI. T. PRAKASH,
S/O SRI. THIMMAIAH,
AGED ABOUT 46 YEARS,
R/AT : THENDEKERE VILLAGE,
MADIHALLI HOBLI,
HASSAN DISTRICT 573216.
...RESPONDENTS
(BY SRI. KRUTHI PRASAD. .,ADVOCATE FOR R1 TO 3)
R1 SERVED AND UNREPRESNETED.
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.08.2017 PASSED IN MVC
NO.296/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE &
J.M.F.C. & XVI MACT., AT TIPTUR. 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
This is an appeal filed by the Insurance Company
aggrieved by the award passed in M.V.C No.296/2015, on
the file of Senior Civil Judge and JMFC & XVI MACT, Tiptur,
dated 21.08.2017, whereby the Tribunal has granted
compensation of an amount of Rs.20,44,000/-.
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2. The claim petition was filed seeking compensation
of an amount of Rs.30,00,000/- for the injuries sustained
by the claimant in the accident. The Insurance Company is
before this Court questioning the quantum of
compensation.
3. It is the case of the claimants that the deceased
was working as a Site Incharge at Manjushree Tours and
Travels and earning an amount of Rs.18,000/- per month
and in support of the same marked Ex.P11. The Court had
taken Rs.18,000/- as monthly income and granted an
amount of Rs.19,44,000/- under the head of loss of
dependency, under the head of love and affection granted
an amount of Rs.1,00,000. Altogether, compensation of an
amount of Rs.20,44,000/- was awarded by the Tribunal.
4. The learned counsel for the Insurance Company
submits that though it is stated that he is earning
Rs.18,000/- per month, except marking the salary
certificate i.e., Ex.P11. No one was examined in support
of the same. Inspite of the same, the Court had taken
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Rs.18,000/- as monthly income and granted
compensation, which is on the higher side.
5. The learned counsel appearing for the respondent
claimant submits that the court below had rightly
considered the evidence on record and rightly taken the
income at Rs.18,000/- per month and granted the
compensation. He submits that no grounds are made out
for reducing the compensation.
6. Having heard the counsels on either side, perused
the entire material on record.
7. In this case, according to the claimant the
deceased is earning an amount of Rs.18,000/- per month
and they also marked Ex.P11. But nobody was examined
in support of the same. The Court below went wrong in
taking the salary at Rs.18,000/- per month basing on
Ex.P11. As this is an accident of the year 2014, this Court
is inclined to take Rs.8,500/- as the monthly income. The
claimant is aged 22 years, future prospects at 40% comes
to Rs.3,400(8,500+3400=11,900) 50% has to be
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deducted towards personal expenses. Then the
contribution would be Rs.5,950x12 and the relevant
multiplier is '18' it comes to Rs.12,85,200/-. Towards
consortium granting an amount of Rs.88,000/-, is
awarded towards funeral expenses Rs.33,000/-.
8. 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.
Altogether, the claimant is entitled for an amount of
Rs.14,16,200/-.
9. Accordingly, the appeal of the Insurance Company
is partly allowed by reducing the compensation from an
amount of Rs.20,44,000/- to Rs.14,16,200/- setting
aside the award passed in M.V.C.No.296/2015 dated
21.08.2017.
(2014) 11 SCC 178
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i. The enhanced amount shall carry interest
at 6% p.a. from the date of petition till the
date of realization.
ii. The amount in deposit shall be forthwith
transferred to the Tribunal. If any excess
amount is deposited Insurance Company is
at liberty to withdraw.
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
claimant is 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.
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Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
RMS
