Karnataka High Court
Smt Zaheda vs The Reliance General Insurance Co Ltd on 10 April, 2024
-1-
NC: 2024:KHC:14717
MFA No. 4665 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 4665 OF 2018 (MV-D)
BETWEEN:
1. SMT. ZAHEDA
W/O SYED SADIQ AHMED
AGED ABOUT 51 YEARS
2. SYED SADIQ AHMED
S/O. LATE SYED ISAAC SAHEB
AGED ABOUT 54 YEARS
BOTH ARE RESIDING AT NO 146,
2ND MAIN ROAD, M.S PALYA,
VIDYARANYAPURA
BENGALURU - 97.
...APPELLANTS
(BY SMT. AMBIKA M. ADV. FOR
SRI. MOHD SHERIFF., ADVOCATE)
AND:
Digitally
signed by
SHAKAMBARI 1. THE RELIANCE GENERAL INSURANCE CO. LTD,
Location:
HIGH COURT EAST WING 5TH FLOOR
OF
KARNATAKA 28, CENTENARY BUILDING
M.G. ROAD, BANGALORE - 01.
2. MR LOKESH R
S/O RAMAIAH
NO 107/A, SRI SAI SHAKTHI NILAYA
2ND MAIN ROAD
CHIKKADUGODI DRC POST
BENGALURU - 560 029.
...RESPONDENTS
(BY SRI.H.S.LINGARAJ.,ADVOCATE FOR R1
-2-
NC: 2024:KHC:14717
MFA No. 4665 of 2018
R2 IS D/W V/O/DATED:23.11.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.11.2017 PASSED IN MVC
NO.6679/2016 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES,
MEMBER, MACT-7, BENGALURU, 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 appeal is filed by the claimants under section
173(1) of the Motor Vehicles Act, 1988(hereinafter
referred to as ('M.V. Act' for short) aggrieved by the
judgment and award dated 28-11-2017 passed in M.V.C.
No.6679/2016 on the file of the IX Addl. Small Causes
Judge and XXXIV ACMM, Court of Small causes, Member,
Motor Accident Claims Tribunal, Bangalore (SCCH-7),
whereby, the Tribunal awarded a sum of Rs.10,02,000/-
as compensation.
2. For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
NC: 2024:KHC:14717
3. The claim petition was filed seeking
compensation of Rs.25.00 lakhs on account of the death of
Mr. Syed Sameer Ahmed. On 22.07.2016, at about
17.30 p.m., the deceased was proceeding on his motor
cycle bearing Registration No.KA-04-HV-8472, near St.
Charles School, Hennur Main Road, Bengaluru, the driver
of Lorry bearing registration No. No.KA-51-B-5919
belonging to the second respondent, drove the said lorry
in a rash and negligent manner and dashed against the
motorcycle, as a result of which, the deceased fell down
and sustained head injuries, he was shifted to Santhosh
Hospital, Bengaluru and later shifted to St. Johns Hospital,
Bengaluru for further treatment, but, died on the way to
hospital.
4. The claimants filed a petition under section 166
of M.V. Act on the ground that claimant No.1 and 2 are the
mother and father of the deceased. The deceased was
working as a Marketing Consultant and was earning a sum
of Rs.18,500/- p.m.. Due to untimely death of deceased
NC: 2024:KHC:14717
Syed Sameer Ahmed, they have lost the sole bread earner
of the family and hence, they have sought for
enhancement of compensation.
5. Heard the learned counsel appearing for the
claimants and respondent No.1-Insurance Company and
perused the judgment and award of the Tribunal.
6. As there is no dispute regarding death of
deceased Syed Sameer Ahmed in a road traffic accident
which occurred on 22.07.2016 at 17.30 p.m., due to rash
and negligent driving of lorry bearing registration No.KA-
51-B-5919 by its driver and liability of the insurer of the
lorry, the only point that arises for Court consideration in
the appeal is:
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable
or does it call for enhancement?"
7. After hearing the learned counsel appearing for
the parties and perused the judgment and award of the
Tribunal, I am of the view that the compensation awarded
NC: 2024:KHC:14717
by the Tribunal is not just and reasonable and it is on the
lower side and hence, it requires to be enhanced.
8. The claimants, in support of their contention,
have examined Syed Sadiq Ahmed and Syed Jameel
Ahmed as P.Ws.1 and 2 and relied upon Exs.P.1 to P.16.
The very fact that the deceased was riding motor cycle
bearing registration No.KA04-HV-8472, when he was
proceeding on a road, at the same time, the driver of the
lorry bearing registration No.KA-51-B-5919 came in a rash
and negligent manner and dashed against the motor cycle
in which the deceased Syed Sameer Ahmed was
proceeding. Due to said impact, the deceased sustained
grievous injuries and he was shifted to Santhosh Hospital,
Bengaluru and on the way to St. John's Hospital,
Bengaluru, for further treatment, Syed Sameer Ahmed
succumbed to the injuries. The post mortem was
conducted at St. John's Medical College Hospital,
Bengaluru.
NC: 2024:KHC:14717
9. On the basis of the oral and documentary
evidence on record, the Tribunal considering the age of the
deceased as 20 years, year of accident is 2016 and in the
absence of any material particulars, his Notional income
was taken as Rs.9,000/- per month by the Tribunal. As
per the circular issued by the Karnataka State Legal
Services Authority and High Court Legal Services
Committee, the notional income would be reckoned at
Rs.9,500/- for the accident of the year 2016. Hence, the
same is taken into consideration. The claimants are
the mother and father of the deceased respectively. The
deceased was bachelor as on the date of accident, hence,
50% of his income has to be deducted towards his
personal expenses and 50% of income has to be taken
towards family contribution and the multiplier applicable to
his age group is '18'. Therefore, the 'loss of dependency'
works out to Rs.14,36,400/- (9,500+40% towards future
prospects)= Rs.13,300x12=1,59,600-1/2th deduction
towards personal expenses=79,800x'18'multiplier)=
NC: 2024:KHC:14717
Rs.14,36,400/- as against Rs.9,72,000/-, awarded by the
Tribunal.
10. In the light of the law laid down by the Hon'ble
Supreme Court in the case of MAGMA GENERAL
INSURANCE COMPANY LIMITED Vs. NANU RAM
ALIAS CHUHRU RAM AND OTHERS reported in 2018
ACJ 2782 (SC), claimants No.1 and 2, mother and father
respectively of the deceased are entitled for a
compensation of Rs.40,000/- each under the head of
'loss of filial consortium'.
Towards 'loss of estate' and towards 'funeral
expenses', the Tribunal has awarded Rs.15,000/- each,
which is reasonable amount and no interference in that
regard is called for by this Court.
11. Thus, the claimants are entitled for the
compensation under the following heads:
NC: 2024:KHC:14717
HEADS Rs.
Loss of dependency 14,36,400.00
Loss of filial consortium
80,000.00
(Rs.40,000 x 2)
Loss of estate 15,000.00
Funeral expenses 15,000.00
TOTAL
15,46,400.00
Less: Compensation awarded by the
10,02,000.00
Tribunal
BALANCE 5,44,400.00
12. The claimants are entitled to a total
compensation of Rs.15,46,400/- as against Rs.10,02,000/-
awarded by the Tribunal.
Accordingly, the appeal is allowed in part.
1. The judgment and award dated 28-11-2017
passed in M.V.C. No.6679 of 2016 on the file of
the IX Addl. Small Causes Judge and XXXIV
ACMM, Court of Small causes, Member, Motor
Accident Claims Tribunal, Bangalore (SCCH-7),
is modified to the extent stated herein above.
2. The claimants are entitled for a total
compensation of Rs.15,46,400/- as against
Rs.10,02,000/- awarded by the Tribunal with
interest at 6% per annum on the additional
compensation of Rs.5,44,400/- from the date
NC: 2024:KHC:14717
of filing of the claim petition till the date of its
realisation.
3. Respondent No.1/Insurance Company is
directed to deposit the additional
compensation amount together with interest
within a period of four weeks from the date of
receipt of a copy of this judgment.
4. So far as deposit and apportionment is
concerned, the judgment and award of the
Tribunal remains unaltered.
No order as to costs.
Sd/-
JUDGE
PSJ
