Karnataka High Court
Sri. H. R. Ramachandra vs The Managing Director on 28 November, 2023
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NC: 2023:KHC:43260
MFA No. 1525 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1525 OF 2018 (MV-D)
BETWEEN:
1. SRI. H. R.RAMACHANDRA
S/O RANGAYYA,
AGED ABOUT 68 YEARS,
R/AT NO.41, 1ST FLOOR
8TH CROSS, SOMESHWARA LAYOUT
BILEKAHALLI, BANNERAGHATTA ROAD,
BENGALURU - 560 076
2. SMT.H R SHOBHA,
W/O T.R.SRINIVASAMURTHY
AGED ABOUT 40 YEARS
S.L.25, SANDAL COLONY,
VIDYANAGARA
SHIVAMOGGA - 577 204
3. SRI H R HARSHA,
S/O H.R.RAMACHANDRA
AGED ABOUT 33 YEARS
Digitally R/AT SMRUTHI LAYOUT NO. 14/1
signed by C.K.PALYA NEAR GOTTIGERE
JAI JYOTHI J
HOMMADEVANAHALLI, B.G.ROAD,
Location: BENGALURU - 560083.
HIGH
COURT OF ...APPELLANTS
KARNATAKA (BY SRI SURESH M LATUR.,ADVOCATE)
AND:
THE MANAGING DIRECTOR
K.S.R.T.C., K.H.ROAD,
SHANTHINAGARA, BENGALURU - 560 027.
...RESPONDENT
(BY SMT.H.R.RENUKA.,ADVOCATE)
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NC: 2023:KHC:43260
MFA No. 1525 of 2018
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED08.09.2017 PASSED IN MVC
NO.838/2016 ON THE FILE OF THE 21ST ADDITIONAL SMALL
CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU
(SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal filed by the claimant aggrieved by
the award passed in MVC No.838/2016, dated 08.09.2017
by the XXI Additional Small Causes Judge & XIX ACMM
Member, MACT, Bangalore (SCCH-13).
2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the death of the
deceased in the road traffic accident. The case of the
claimant is that the deceased was aged 59 years old and
was earning an amount of Rs.12,000/- p.m. As there was
no evidence in this regard, the court below had taken the
income as Rs.7,000/- p.m. and by applying appropriate
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multiplier had granted compensation. The court below had
granted compensation under various heads as follows:
Heads Compensation
Awarded
1. Loss of Dependency : Rs. 5,04,036/-
2. Loss of Consortium : Rs. 25,000/-
3. Loss of Love and Affection : Rs. 25,000/-
4. Transportation & Funeral : Rs. 25,000/-
Expenses
TOTAL : Rs. 5,79,036/-
3. Learned counsel appearing for the claimants
submits that this is an accident of the year 2015 and the
court below ought to have taken income at Rs.9,000/-.
That the court below had also failed to add 10% future
prospects and under the head of loss of consortium and
other conventional heads also the amounts that were
granted by the Tribunal were not just and reasonable.
4. Learned counsel appearing for the insurance
company submits that the compensation that was awarded
by the Tribunal are reasonable. It is submitted that as
there was no evidence on record the court below had
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taken the income at Rs.7,000/-. It is submitted that no
grounds are made out for enhancement of the
compensation.
5. Having heard the learned counsels on either
side, perused the entire material on record. In this case
according to the claimant the deceased was earning
Rs.12,000/- p.m. Admittedly there is no evidence in that
regard the court below had taken the income at
Rs.7,000/-, as this is an accident of the year 2015, this
Court is inclined to take the monthly income at Rs.9,000/-.
As the deceased was 59 years, 10% of the income i.e.,
Rs.900/- would have to be added towards future
prospects, as there are three claimants 1/3rd of the income
ought to be deducted towards personal expenses i.e.,
Rs.3,300/-. Then the contribution to the family would
come to Rs.6,600/-, hence the claimants are entitled for
an amount of Rs.7,12,800/- (Rs.6600 x 12 x 9) towards
loss of dependency. The claimants are the wife and the
children of the deceased. Therefore, towards consortium
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an amount of Rs.1,32,000/- (Rs.44,000 x 3). Towards
transportation and funeral expenses the court below
had awarded an amount of Rs.25,000/- and this court is
granting an amount of Rs.33,000/-.
6. 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.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Loss of Dependency : Rs. 7,12,800/-
2. Loss of Consortium : Rs. 1,32,000/-
3. Funeral Expenses : Rs. 33,000/-
4. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 8,87,800/-
(2014) 11 SCC 178
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8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.5,79,036/-
to Rs.8,87,800/-.
i) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization.
ii) 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.
iii) 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.
iv) No costs.
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Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
JJ
