Karnataka High Court
Smt. K. Radha vs Sri. Veereshappa K.N on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15645
MFA No. 7177 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7177 OF 2015(MV-D)
BETWEEN:
1. SMT. K.RADHA
W/O LATE NARAYANA.G,
AGED ABOUT 28 YEARS,
OCC: HOUSEWIFE,
2. MASTER BHUVAN
S/O LATE NARAYANA G.
AGED 9 YEARS,
R/AT ULLALA UPANAGAR,
BENGALURU-560 060.
...APPELLANTS
(BY SMT. SMITHA., ADVOCATE FOR
SRI. SURESH.M.LATUR., ADVOCATE)
AND:
Digitally signed by
THEJASKUMAR N
1. SRI. VEERESHAPPA.K.N.
Location: HIGH
COURT OF S/O SRI. VEERABASAPPA,
KARNATAKA R/O KODAFAVALLI POST,
HOLALKERE TALUK,
CHITRADURGA DISTRICT-577 501.
2. THE DIVISIONAL MANAGER,
SRIRAM GENERAL INSURANCE CO. LTD.,
3RD FLOOR, MONARCH CHAMBERS,
INFANTRY ROAD, BANGALORE-01.
3. SRI. H.N.KAPANAIAH
MAJOR,
M/S. NANJUNDESHWARA MANDYA PVT. LTD.,
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NC: 2024:KHC:15645
MFA No. 7177 of 2015
SYNDICATE BANK, MAGADI MAIN ROAD,
SUNKADAKATTE CIRCLE,
BANGALORE-560 023.
4. THE MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
NO.186/7, RAGHAVENDRA PLAZA,
GROUND FLOOR, 1ST CROSS,
WILSON GARDEN, HOSUR MAIN ROAD,
BANGALORE-560 027.
5. GANGADHARAIAH @ GANGADHARAPPA
S/O LATE KARIYAPPA,
AGE:55 YEARS,
6. SMT. RAJAMMA
W/O GANGADHARAIAH,
@ GANGADHARAPPA,
AGE:50 YEARS,
R/AT BILLIKALLU,
VISHWANEEDAM POST,
BTM LAYOUT, MAGADI MAIN ROAD,
BANGALORE-560 091.
...RESPONDENTS
(NOTICE TO R1 TO R3-DISPENSED WITH
V/O DATED:07.03.2019;
NOTICE TO R5 & R6-DISPENSED WITH
V/O DATED:16.12.2021;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:09.04.2015
PASSED IN MVC NO.3004/2011 ON THE FILE OF THE XII
ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT,
BENGALURU.
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NC: 2024:KHC:15645
MFA No. 7177 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Smitha., learned counsel on behalf of Sri.Suresh
M.Latur., for the appellants has appeared in person.
2. The claimants have assailed the Judgment of the
Tribunal in this appeal seeking enhancement of the
compensation.
3. 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.
4. The point that requires consideration is whether
the claimants are entitled for enhanced compensation.
5. 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.
NC: 2024:KHC:15645
It is noticed that the Tribunal has awarded
compensation of Rs.9,18,000/- (Rupees Nine Lakh Eighteen
Thousand only) towards Loss of dependency. The Tribunal
has taken into consideration the income of the deceased as
Rs.6,000/- (Rupees Six Thousand only). Hence, the same is
taken into consideration in this appeal also. The age of the
deceased was 28 years as on the date of accident, hence the
multiplier 17 is to be adopted. Hence, the amount towards
the loss of dependency is as under:
CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 40% as per chart because
the age of deceased is below 40 years.
6,000 X 40% = 2,400
6,000 + 2,400 = 8,400
8,400 divided by 3 = 2,800
8,400 - 2,800 = 5,600
5,600 x 12 x 17 = 11,42,400 Rs.11,42,400/-
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In the present case, the deceased left behind his wife,
children and parents. 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 times = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 4 = Rs.1,92,000/-.
Therefore, the claimants and respondents 5 & 6 are
entitled for compensation of Rs.1,92,000/- (Rupees One
Lakh Ninety Two 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.
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6. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of 11,42,400 Rs.11,42,400/-
dependency
5,600 x 12 x 17
2. Towards loss of 1,92,000 Rs.1,92,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Reassessed compensation: Rs.13,67,400/-
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:09.04.2015
passed by the MACT, Bangalore (SCCH-8) in M.V.C
No.3004/2011 is modified to the extent stated
hereinabove.
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2. The claimants and respondents 5 and 6
are entitled for reassessed compensation of
Rs.13,67,400/- (Rupees Thirteen Lakh Sixty Seven
Thousand Four Hundred only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The fourth respondent Insurance
Company is directed to deposit the 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 percentage of apportionment is as
per the Judgment of the Tribunal.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
