Karnataka High Court
Yellamma vs Icici Lombard Gen Ins Co Ltd on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14380
MFA No. 8023 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.8023 OF 2014(MV-I)
BETWEEN:
1. YELLAMMA
W/O LATE THIMMA BHOVI,
AGED 49 YEARS,
2. MALLAMMA
D/O LATE THIMMA BHOVI,
AGED 25 YEARS,
ALL ARE R/AT NO.138,
KANIVE BILACHI-1,
KANIVE BILACI, CHANNAGIRI,
DAVANAGERE-577 231.
...APPELLANTS
(BY SRI. RAGHAVENDRA., ADVOCATE FOR
SRI. RAVISHANKAR.S.S., ADVOCATE)
Digitally signed by AND:
PREMCHANDRA M R
Location: HIGH 1. ICICI LOMBARD GEN. INSURANCE CO. LTD.,
COURT OF
KARNATAKA NO.89, S.V.R. COMPLEX,
2ND FLOOR, HOSUR MAIN ROAD,
MADIWALA, BANGALORE-560 027.
2. MR. DANDAPANI.A.
S/O ARUMUGAM,
NO.93/3, 1ST CROSS,
NEAR VINAYAKA TALKIES,
MARATHAHALLI,
BANGALORE-560 036.
...RESPONDENTS
(BY SRI. B.C.SHIVANNEGOWDA., ADVOCATE FOR R1;
NOTICE TO R2-DISPENSED WITH V/O DATED:09.02.2015)
-2-
NC: 2024:KHC:14380
MFA No. 8023 of 2014
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:14.08.2014
PASSED IN MVC NO.4154/2013 ON THE FILE OF THE XIX
ADDITIONAL SMALL CAUSE JUDGE & XLI ACMM, MACT,
BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Raghavendra., learned counsel on behalf of
Sri.Ravishankar.S.S., for the appellants has appeared through
video conferencing.
Sri.B.C.Shivannegowda., learned counsel for respondent
No.1 has appeared in person.
2. Though the appeal is listed today for hearing on
interlocutory application, it is heard finally.
3. The claimants have assailed the Judgment of the
Tribunal in this appeal on several grounds as set-out in the
Memorandum of appeal.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
NC: 2024:KHC:14380
5. The point that requires consideration is whether the
claimants are entitled for enhanced compensation.
6. The Claimants appeal is one for enhancement of
compensation. The grounds urged in the present appeal is that
the compensation awarded by the Tribunal is meager.
7. In the absence of any proof of income, the chart
prepared by the Legal Service Authority must be taken into
consideration. As per the chart, the salary of the deceased
must be taken as Rs.8,000/- (Rupees Eight Thousand only) per
month, if the accident is occurred in the year 2013. The age of
the deceased was 52 years as on the date of accident, hence
the multiplier 11 to be adopted. Hence, the amount towards the
loss of dependency is as under:
CALCULATION OF LOSS OF DEPENDENCY
Future prospects for permanent job:
It is taken into consideration at 15% as per chart because the
age of deceased is between 50 to 60 years.
8,000 x 15% = 1,200
8,000 + 1,200 = 9,200
9,200 divided by 3 = 3,066
9,000 - 3,066 = 6,134
6,134 x 12 x 11 = Rs.8,09,688/- Rs.8,09,688/-
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In the present case, the deceased left behind wife and
daughter. Hence, they are entitled to compensation under the
head "Loss of consortium". In view of law laid down by the
Apex Court in PRANAY SETHI's case, the interest should be
considered to the loss of consortium at the rate of 10% per
annum for every three years.
40,000 X 10/100 X 2 = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 2 = Rs.96,000/-.
Therefore, the claimants are entitled for compensation of
Rs.96,000/- (Rupees Ninety Six Thousand only) towards loss of
consortium.
This Court deems it appropriate to award Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate and
transportation of the dead body, funeral and obsequies
ceremonies.
8. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:14380
1. Towards loss of 8,09,688 Rs.8,09,688/-
dependency
2. Towards loss of 96,000 Rs.96,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Reassessed compensation: Rs.9,38,688/-
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:14.08.2014
passed by the MACT, Bangalore (SCCH-17) in
M.V.C No.4154/2013 is modified to the extent
stated hereinabove.
2. The claimant is entitled for reassessed
compensation of Rs.9,38,688/- (Rupees Nine Lakhs
Thirty Eight Thousand Six Hundred and Eighty Eight
only) with 6% interest per annum from the date of
the claim petition till the date of realization.
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3. The first respondent - Insurance
Company is directed to deposit reassessed
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
