Karnataka High Court
Smt Narayanamma vs National Insurance Co Ltd on 25 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:16608
MFA No. 7376 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7376 OF 2016(MV-D)
BETWEEN:
1. SMT. NARAYANAMMA
W/O MUNISWAMAPPA,
AGED ABOUT 59 YEARS,
2. GOVINDARAJU
S/O MUNISWAMAPPA,
AGED ABOUT 44 YEARS,
BOTH ARE R/AT NO.48/2,
MEHSWARAMMA TEMPLE,
YELAHANKA, BANGALORE-560 064.
...APPELLANTS
(BY SRI. SHANTHARAJ.K., ADVOCATE)
AND:
1. NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 3RD FLOOR,
SUBARAM COMPLEX, M.G.ROAD,
Digitally signed by BANGALORE-01.
THEJASKUMAR N
REPRESENTED BY ITS MANAGER.
Location: HIGH
COURT OF
KARNATAKA 2. ANILKUMAR.S
MAJOR,
S/O SHAMANNA,
BYANNAPALYA,
TALAGATTAPURA POST,
BANGALORE-560 062.
3. ANIL KUMAR
S/O SHAMANNA,
INDRISINAHALLI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
...RESPONDENTS
-2-
NC: 2024:KHC:16608
MFA No. 7376 of 2016
(BY SRI. M.S.SRIRAM., ADVOCATE FOR R1;
NOTICE TO R2 & R3-DISPENSED WITH
V/O DATED:04.12.2023)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:24.08.2015
PASSED IN MVC NO.3896/2012 ON THE FILE OF THE II
ADDITIONAL SMALL CAUSES JUDGE, XXVIII ACMM, MACT,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Shantharaj.K., learned counsel 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
with utmost care.
NC: 2024:KHC:16608
4. The point that requires consideration is whether the
claimants are entitled for enhanced compensation.
5. The Claimant/s appeal is one for enhancement of
compensation. The grounds urged in the present appeal is that
the compensation awarded by the Tribunal is meager.
It is noticed that the Tribunal has awarded compensation
of Rs.1,20,000/- towards Loss of dependency. 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.7,000/- per month, if the accident is occurred in
the year 2012. The age of the deceased was 70 years as on the
date of accident, hence the multiplier 5 is to be adopted.
Hence, the amount towards the loss of dependency is as under:
CALCULATION OF LOSS OF DEPENDENCY
7,000 ÷ 3 = 2,333
7,000 - 2,333 = 4,667
4,667 x 12 x 5 = 2,80,020 Rs.2,80,020/-
NC: 2024:KHC:16608
In the present case, the deceased left behind his wife and
son. 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 2 = Rs.96,000/-.
Therefore, the claimants are entitled for compensation of
Rs.96,000/- 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, funeral expenses.
The compensation of Rs.5,350/- awarded towards
medical expenses remains intact.
6. Accordingly, this Court reassess the compensation
as under:-
NC: 2024:KHC:16608
1. Towards loss of 2,80,020 Rs.2,80,020/-
dependency
2. Towards loss of 96,000 Rs.96,000/-
Consortium
3. Loss of estate, 33,000 Rs.33,000/-
transportation and
funeral expenses.
4. Medical expenses 5,350 Rs.5,350/-
Reassessed Compensation: Rs.4,14,370/-
7. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:24.08.2015
passed by the MACT, Bengaluru (SCCH-13) in
M.V.C No.3896/2012 is modified to the extent
stated hereinabove.
2. The claimants are entitled for reassessed
compensation of Rs.4,14,370/- (Rupees Four Lakh
Fourteen Thousand Three Hundred and Seventy
only) with 6% interest per annum from the date of
the claim petition till the date of realization.
NC: 2024:KHC:16608
3. The Insurance Company is directed to
deposit enhanced 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. Needless to observe that the claimant is
not entitled for the interest for delayed period.
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
