Karnataka High Court
M/S Royal Sundaram General vs Smt Vasantha on 5 August, 2024
-1-
NC: 2024:KHC:31018
MFA No. 309 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 309 OF 2022 (MV-D)
BETWEEN:
M/S. ROYAL SUNDARAM GENERAL
INSURANCE COMPANY LTD.,
PRESENTLY HAVING ITS OFFICE AT
NO.30, 3RD FLOOR, JNR CITY CENTRE,
RAJARAM MOHAN ROY ROAD,
SAMPANGIRAMA NAGAR,
BANGALORE-560 027
BY ITS STATE HEAD LEGAL
MR. SUDHAKARA H.
...APPELLANT
(BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE)
AND:
Digitally signed
by MAMATHA
R 1. SMT. VASANTHA
Location: High W/O KRISHNAMURTHY,
Court of AGED ABOUT 45 YEARS
Karnataka
2. SRI. KRISHNAMURTHY
S/O ERANAIK
AGED ABOUT 50 YEARS
3. KUM. DEEPIKA K.,
D/O KRISHNAMURTHY
AGED ABOUT 21 YEARS,
ALL ARE RESIDING AT
NO.82, HULAGARU, HOSANAGARA TALUK,
-2-
NC: 2024:KHC:31018
MFA No. 309 of 2022
MUMBARU, SHIMOGA,
KARNATAKA-577 418
4. SRI. K. ANANDA RAJ
S/O K.S. KANDHASAMY
MAJOR IN AGE
R/AT 61/7, VELALAR COLONY
SITE NO.2, SURIYAMPALAYAM POST
TIRUCHANAGOD TALUK
NAMAKKAL DISTRICT
TAMILNADU-637 216
...RESPONDENTS
(BY SRI. GURUDEV PRASAD K T., ADVOCATE FOR R1 TO R3;
R4 SERVED - UNREPRESENTED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED. 29.10.2021 PASSED IN MVC
NO.6851/2018 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7,
BENGALURU, (SCCH-7), AWARDING COMPENSATION OF
RS.28,57,128/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Ravi Shankar S Samprathi, learned counsel
for the appellant as well as Sri.Gurudev Prasad K.T,
learned counsel who represents respondent Nos.1 to 3.
NC: 2024:KHC:31018
2. This appeal is preferred by the insurance company
challenging the order that is rendered by the Additional
Motor Accident Claims Tribunal, Bengaluru in M.V.C
No.6851/2018 dated 29.10.2021.
3. On the ground that the deceased Madhuganesh
died in a road traffic accident and that the accident
occurred as the lorry bearing registration
No.TN-34-P-7099 was parked without any sign board or
indications, the mother, father and younger sister of the
deceased Madhuganesh have filed the petition claiming
compensation of Rs.45,00,000/- in total. The tribunal
through the impugned order awarded a sum of
Rs.28,57,128/- as compensation.
4. On this day, Sri.Ravi Shankar S Samprathi,
arguing the matter submits that the amount awarded as
compensation is highly excessive and exorbitant. Learned
counsel also states that the income of the deceased is
taken at higher side and contends that even the
professional tax was not deducted.
NC: 2024:KHC:31018
5. Learned counsel also submits that a sum of
Rs.40,000/- was awarded towards loss of Consortium each
to mother, father and younger sister, totally Rs.1,20,000/-
which is against the mandate of law. Learned counsel
thereby seeks to pass appropriate orders.
6. Sri. Gurudev Prasad K.T, learned counsel who
represents the claimants submits that the tribunal had
taken into consideration all the aspects of the case and
awarded just sum as compensation. However, Sri.Ravi
Shankar S Samprathi as well as Sri. Gurudev Prasad K.T.
seeks the Court to reduce a sum of Rs.1,50,000/- out of
the total sum awarded as compensation and pass orders
to that effect.
7. Thus, taking into consideration the collective
submission made by both counsel and as the submission
thus made, appears justifiable, this Court considers
desirable to dispose of the appeal accordingly.
NC: 2024:KHC:31018
Thus, the following:-
ORDER
i. Appeal is Allowed in part.
ii. The amount awarded as compensation by the
Additional Motor Accident Claims Tribunal, Bengaluru
through orders in MVC No.6851/2018 dated
29.10.2021 is reduced from Rs.28,57,128/- to
Rs.27,07,128/-.
iii. The impugned order in all other aspects holds good.
iv. The amount in deposit, if any, before this Court be
transmitted to the concerned tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT:SNN
