Karnataka High Court
Smt. Amrith Bai Netam vs Icici Lombard General Insurance Co. Ltd on 3 April, 2024
-1-
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MFA No. 4004 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.4004 OF 2017 (MV-D)
BETWEEN:
1. SMT. AMRITH BAI NETAM
AGED ABOUT 46 YEARS
W/O LATE ANKALU RAM NETAM
2. SEVEN KUMAR
AGED ABOUT 21 YEARS
S/O LATE ANKALU RAM NETAM
3. SANTRI
AGED ABOUT 18 YEARS
D/O LATE ANKALU RAM NETAM
4. GAJENDRA KUMAR
AGED ABOUT 22 YEARS
S/O LATE ANKALU RAM NETAM
ALL ARE RESIDING AT
NO.49, WARD NO.3
HITAGUDA, CHHACHAN PAHAN
Digitally signed by
MOUNESHWARAPPA RAJANAND GOA, AMBAGARH
NAGARATHNA
Location: HIGH
CHATTISGHAD-491 665.
COURT OF
KARNATAKA
...APPELLANTS
(BY SRI N.R. RANGEGOWDA, ADVOCATE)
AND:
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD.
BY ITS MANAGER
NO.121, 9TH FLOOR
THE ESTATE BUILDING
DICKENSON ROAD/MG ROAD
BANGALORE-560 042.
-2-
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MFA No. 4004 of 2017
2. MR. ANANTH H.G
S/O GANGAPPA
NO.6, SIDDARTH EXTENSION
K.V.SANDRA, RT NAGAR
BANGALORE-560 032.
...RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R-1;
NOTICE TO R-2 DISPENSED WITH VIDE
ORDER DATED 12.04.2022)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD
DATED 30.01.2017 PASSED IN MVC NO.4961/2015 ON THE FILE OF
THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM,
BANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISPOSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by 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
30.01.2017 in MVC No.4961/2015, on the file of the Motor
Accident Claims Tribunal, Court of Small Causes,
Bengaluru(SCCH-23), whereby the Tribunal awarded an
amount of Rs.9,19,000/- 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.
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3. The claim petition was filed seeking compensation of
Rs.15.00 lakhs on account of the death of Mr. Ankalu Ram
Netam. On 24.08.2015, at about 7.00 p.m., near
Kannamangala gate, B.B. Road, Bengaluru, the driver of car
bearing registration No. KA.04-AA-757 belonging to the second
respondent, drove the said car in a rash and negligent manner
and dashed against the Ankalu Ram Netam, who was crossing
the road by following all traffic rules, as a result of which, he
fell down and sustained head injuries and 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 is wife of the deceased,
claimants Nos.2 and 4 are sons of deceased and claimant No.3
is daughter of the deceased. The deceased was earning a sum
of Rs.8,000/- p.m. by doing mason work. Due to untimely
death of deceased Ankalu Ram Netam, they have lost the sole
bread earner of the family and hence, they have sought for
enhancement of compensation.
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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 the death of deceased
Anakula Ram Netam, in a road traffic accident that occurred on
24.08.2015, due to rash and negligent driving of the car
bearing registration KA.04-AA-757 by its driver and liability on
the Insurer of the car, 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 perusing the judgment and award of the Tribunal, I
am of the view that the compensation awarded by the Tribunal
is not just and reasonable, it is on the lower side and hence it is
required to be enhanced.
8. The claimants in order to prove their case, examined
first claimant/wife of the deceased as PW.1 and claimant No.2
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as PW.2 and got exhibited documents namely Ex.P1 to Ex.P16.
On behalf of the respondents, the legal manager was examined
as R.W.1 and no documents were marked. The very fact that
when deceased was crossing the road, the accident occurred
due to rash and negligent driving of the offending car by its
driver and as a result, he sustained head injuries and later
succumbed to the injuries. They have stated that, at the time
of the accident, the deceased was working as a Mason and his
monthly income was Rs.8,000/- p.m. Apart from the oral
evidence of PW.1 and PW.2, they have relied upon
Ex.P16-Rojgar card. It shows that he was working as a mason.
Therefore, considering his age as 48 years, year of accident as
2015 and his profession as a Mason, his income is assessed at
Rs.8,000/- per month. No contra-evidence is placed by the
respondent-insurer. The claimants are his wife, two sons and a
daughter. Therefore, 1/4th of his income has to be deducted
towards his 'personal expenses' and 3/4th of his income has to
be taken towards his family contribution and the multiplier
applicable to his age group is '13'. Therefore, the 'loss of
dependency' works out to Rs.11,70,000/-(8,000+25%
towards future prospects)=Rs.10,000x12=1,20,000-1/4th
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deduction towards personal expenses=Rs.90,000x'13'
multiplier) and it is awarded as against Rs.8,19,000/- awarded
by the Tribunal.
9. In view of the law laid down by the Supreme Court in
the case of MAGMA GENERAL INSURANCE COMPANAY
LIMITED Vs. NANU RAM ALIAS CHUHRU RAM AND
OTHERS reported in 2018 ACJ 2782 (SC), claimant No.1,
wife of the deceased is entitled for a compensation of
Rs.40,000/- under the head of 'loss of spousal consortium and
claimants No. 2 to 4- children are entitled for a compensation
of Rs.40,000/- each under the head 'loss of parental
consortium. Hence, Rs.1,60,000/- is awarded towards 'loss of
consortium' as against Rs.50,000/- awarded by the Tribunal.
10. In addition, the claimants are entitled to
Rs.15,000/- under the head 'Loss of estate' and Rs.15,000/-
under the head 'Funeral expenses' which is not awarded by the
Tribunal.
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11. Thus, the claimants are entitled for the following
compensation:-
Compensation under Amount in Rs.
different Heads
Loss of dependency 11,70,000/-
Loss of consortium 1,60,000/-
Loss of estate 15,000/-
Funeral expenses 15,000/-
TOTAL 13,60,000/-
Compensation awarded by the
Tribunal 9,19,000/-
BALANCE 4,41,000/-
12. The claimants are entitled to a total compensation of
Rs.13,60,000/- as against Rs.9,19,000/- awarded by the
tribunal.
13. Accordingly, the appeal is allowed in part.
1. The judgment and award dated 30.01.2017 passed
by XXI Additional Small Causes Judge and Motor
Accident Claims Tribunal(SCCH-23), Bengaluru in
MVC.No.4961/2015 is modified to the extent stated
herein above.
2. The claimants are entitled for an additional
enhanced compensation of Rs.4,41,000/- with
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interest at 6% p.a. from the date of claim petition
till the date of realization.
3. The Insurance company-respondent No.1 is
directed to deposit the additional compensation
amount with interest within a period of eight weeks
from the date of receipt of a copy of this Judgment,
from which, Rs.1,41,000/- with proportionate
interest is ordered to be invested in the fixed
deposit in the name of the first claimant-wife and
Rs.1,00,000/- each with proportionate interest is
ordered to be invested in the fixed deposit in the
name of the second, third and fourth claimants in
any Nationalised Bank/Scheduled Bank/Post Office
for a period of 3 years renewable once in three
years and with a right to option to withdraw interest
periodically. First claimant is permitted to withdraw
interest on her deposit as well as on the deposit of
her children-claimants Nos.2 to 4 to meet their
educational expenses.
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4. Remaining amount with proportionate interest shall
be released in favour of first claimant and three
claimants in equal proportion.
Sd/-
JUDGE
MN
