Karnataka High Court
Dasaiah vs The Manager on 6 January, 2023
Bench: M.I.Arun
-1-
MFA No. 4805 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.4805 OF 2019 (MV-D)
BETWEEN:
1. DASAIAH
S/O LATE ERAIAH
AGED ABOUT 56 YEARS
R/AT AMBEDKAR BADAVANE
YELANDURU TALUK, YERIYUR
CHAMARAJANAGAR DISTRICT - 571 313
2. NANJAMMA
W/O DASAIAH
Digitally signed
AGED ABOUT 49 YEARS
by V R/AT AMBEDKAR BADAVANE
MANJUSHA BAI
Location: High YELANDURU TALUK, YERIYUR
Court of CHAMARAJANAGAR DISTRICT - 571 313
Karnataka
...APPELLANTS
(BY SRI. GIRISHA H M.,ADVOCATE)
AND:
1. THE MANAGER
IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
SRI SHANTHI TOWERS, 5TH FLOOR,
NO.141, 3RD MAIN,
EAST OF NGEF LAYOUT, KASTURINAGAR,
BANGALORE - 560 043
2. MR.BASAVARAJU.M
S/O MAHADEVAIAH,
R/AT KAMBALIPURA,
MAYASANDRA,
-2-
MFA No. 4805 of 2019
ANEKAL,
BANGALORE-562 107
...RESPONDENTS
(BY SRI. R.SRINIVASA GOWDA, ADVOCATE FOR R1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.04.2019 PASSED IN MVC
NO.3599/2018 ON THE FILE OF THE XXIV ADDITIONAL SMALL
CAUSES JUDGE & XXII ACMM (SCCH-26) AT BENGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the order dated 05.04.2019 in
M.V.C.No.3599/2018 passed by Court of XXIV Addl. Small
Causes Judge & XXII A.C.M.M. (SCCH-26) at Bengaluru,
claimants therein have preferred this appeal.
2. For the sake of convenience, the parties are referred to
as per their status before the Tribunal.
3. Petitioners are parents of the deceased. On 10.06.2018
at about 5.00 p.m. deceased Sri. Kumar Swamy D. was
proceeding on a motor bike bearing registration No.KA-51-
EY-8665 as a pillion rider. Same was driven in a rash and
negligent manner by rider of the bike and met with an
MFA No. 4805 of 2019
accident on Hosur - Bangalore NH-7 road near
Thirumagondanahalli gate and Sri. Kumar Swamy D. died.
The said motor bike is duly insured with respondent No.1.
Being parents of the deceased, petitioners preferred MVC
No.3599/2018 and the Tribunal was pleased to award a
compensation of Rs.9,58,000/- along with interest at the
rate of 6% p.a. from the date of petition till realization. Not
satisfied by the same, petitioners have filed the present
appeal.
4. Accident took place in the year 2018. Petitioners have
not established the income of the deceased and hence as per
the chart prepared by Lok Adalat, income of the deceased is
taken as Rs.12,500/- p.m. Deceased was aged 27 years at
the time of accident and multiplier of 17 is applicable as per
case of Sarla Verma (Smt) and Others Vs. Delhi Transport
Corporation and Another reported in (2009) 6 SCC 121.
As per case of National Insurance Co. Ltd. Vs. Pranay
Sethi reported in (2017) 16 SCC 680, 40% is to be taken to
the income as future prospects and 50% is to be deducted
MFA No. 4805 of 2019
towards personal expenses of the deceased as he was a
bachelor and further Rs.30,000/- is to be granted towards
loss of estate and funeral expenses and Rs.40,000/- each is
to be granted to both the petitioners, totally Rs.80,000/- for
loss of consortium. Thus, petitioners are entitled to
compensation under the following heads:
Sl.No. Heads Compensation
1. Loss of dependency
((Rs.12,500/- X 12 X 17 + Rs.17,85,000/-
40%) =35,70,000.00 - 50%)
Loss of estate and funeral
2. Rs.30,000/-
expenses
Loss of consortium
3. Rs.80,000/-
(Rs.40,000/- X 2)
Total Rs.18,95,000/-
Thus, petitioners are entitled to a sum of
Rs.18,95,000/- as against Rs.9,58,000/- awarded by the
Tribunal along with interest at the rate of 6% p.a. from the
date of petition before Tribunal till realization. Hence, the
following:
ORDER
i) The appeal is partly allowed;
ii) The total compensation awarded by the
Tribunal is modified and petitioners are entitled
MFA No. 4805 of 2019
to enhanced compensation of Rs.9,37,000/-
over and above what has been already
awarded by the Tribunal along with interest at
the rate of 6% per annum from the date of
filing of the petition before the Tribunal till the
date of realization;
iii) Respondent No.1-insurance company shall pay
the enhanced compensation amount to the
petitioners along with interest at the rate of
6% p.a. from the date of petition before
Tribunal till realization within a period of six
weeks from the date of receipt of the certified
copy of the judgment and order after
deducting the amount paid/deposited, if any,
in favour of the petitioners;
iv) The portion of the order of the Tribunal
inasmuch as liability, apportionment and
disbursement remains intact;
v) Draw modified award accordingly;
vi) Registry to return the records to the
jurisdictional Tribunal forthwith.
SD/-
JUDGE
PGG
