Karnataka High Court
Smt Parvathamma vs Legal Manager, Reliance General on 6 August, 2024
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NC: 2024:KHC:31133
MFA No. 2226 of 2022
C/W MFA.CROB No. 146 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
M.F.A. NO.2226 OF 2022(MV-D)
C/W
M.F.A. CROB. NO. 146 OF 2022 (MV-D)
IN M.F.A. NO.2226 OF 2022:
BETWEEN:
LEGAL MANAGER,
RELIANCE GIC LTD.,
IN FRONT OF MAGANUR,
BASAPPA COMPLEX,
BD ROAD, CHITRADURGA,
NOW REP. BY ITS
LEGAL MANAGER,
RELIANCE GIC LTD.,
Digitally signed 5TH FLOOR, CENTENARY BUILDING,
by AASEEFA No.28, M.G.ROAD,
PARVEEN
BANGALORE-560 001.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SMT. PARVATHAMMA,
W/O LATE THIPPERUDRPPA
AGED ABOUT 41 YEARS,
2. VIDHYASRI K.T.
D/O LATE THIPPERUDRAPPA
AGED ABOUT 22 YEARS,
3. DIVYASRI T.,
D/O LATE THIPPERUDRAPPA,
AGED ABOUT 20 YEARS,
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NC: 2024:KHC:31133
MFA No. 2226 of 2022
C/W MFA.CROB No. 146 of 2022
4. T.MANYA
D/O LATE THIPPERUDRAPPA,
AGED ABOUT 17 YEARS,
5. DEVARAJA
S/O LATE THIPPERUDRAPPA,
AGED ABOUT 13 YEARS,
6. ARUN KUMAR
S/O LATE THIPPERUDRAPPA,
AGED ABOUT 11 YEARS,
SINCE RESPONDENT NOS.4 TO 6 ARE MINORS,
WILL BE REP. BY THEIR N/G AND MOTHER I.E.
PARVATHAMMA-R1
RESPONDENT NO.1 TO 6 ARE
NOW R/AT CHIKKAGONDANAHALLY VILLAGE,
CHITRADURGA TALUK.
PERMANENTLY R/O.
PALAVVANAHALLY,
HIRIYUR TALUK.
7. KRISHNA NAIK,
S/O UMALA NAIK,
R/O KOYLARA GUTTI TANDA,
DASARAHALLY POST,
HOOVINA HADAGALI TALUK,
BELLARY DISTRICT
NOW R/AT NO.324,
3RD FLOOR, 58TH CROSS,
3RD BLOCK, RAJAJINAGAR,
BENGALURU-560010.
...RESPONDENTS
(BY SRI. JAGADISH G. KUMBAR, ADVOCATE FOR R1 TO R6;
R7- SERVED- UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.01.2022 PASSED IN MVC
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NC: 2024:KHC:31133
MFA No. 2226 of 2022
C/W MFA.CROB No. 146 of 2022
NO.538/2019 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND MACT-V, CHITRADURGA,
AWARDING COMPENSATION OF RS.22,54,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION.
IN M.F.A. CROB. NO. 146 OF 2022:
BETWEEN:
1. SMT. PARVATHAMMA,
W/O LATE THIPPERUDRPPA,
AGED ABOUT 41 YEARS,
2. VIDHYASRI. K.T
D/O LATE THIPPERUDRAPPA
AGED ABOUT 22 YEARS,
3. DIVYASRI. T
D/O LATE THIPPERUDRAPPA
AGED ABOUT 20 YEARS,
4. T. MANYA
D/O LATE THIPPERUDRAPPA,
AGED ABOUT 17 YEARS,
5. DEVARAJA
S/O LATE THIPPERUDRAPPA,
AGED ABOUT 13 YEARS,
6. ARUN KUMAR
S/O LATE THIPPERUDRAPPA
AGED ABOUT 11 YEARS,
SINCE RESPONDENT-CROSS OBJECTOR
NO.S. 4 TO 6 ARE MINORS WILL BE REP BY THEIR
N/G MOTHER I.E.,
SMT. PARVATHAMMA, 1ST CROSS OBJECTOR
ALL ARE R/AT CHIKKAGONDANAHALLY VILLAGE,
CHITRADURGA TALUK- 577 502.
PERMANENTLY R/AT PALAVVANAHALLY,
HIRIYUR TALUK - 577 532.
...CROSS OBJECTORS
(BY SRI. JAGADISH G. KUMBAR, ADVOCATE)
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NC: 2024:KHC:31133
MFA No. 2226 of 2022
C/W MFA.CROB No. 146 of 2022
AND:
1. LEGAL MANAGER, RELIANCE GENERAL
INS. CO. LTD., IN FRONT OF MAGANUR
BASAPPA COMPLEX, BD ROAD, CHITRADURGA
NOW REP BY ITS LEGAL MANAGER,
RELIANCE GENERAL INS. CO. LTD.,
5TH FLOOR, CENTENARY BUILDING,
NO.28, M.G.ROAD, BENGALURU-560 001.
2. SRI. KRISHNA NAIK
S/O UMALA NAIK,
R/O KOYLARA GUTTI TANDA,
DASARAHALLY POST, HOOVINA HADAGALI TALUK,
BELLARY DISTRICT - 583219.
NOW R/AT NO.324, 3RD FLOOR, 58TH CROSS,
3RD BLOCK, RAJAJINAGAR, BENGALURU-560010.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R1;
V/O. DATED 07.08.2023, NOTICE TO R2- DISPENSED WITH)
THIS MFA. CROB. FILED UNDER ORDER XLI RULE 22 OF
THE CPC READ WITH SECTION 173 (1) OF MOTOR VEHICLE
ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.01.2022
PASSED IN MVC NO. 538/2019 ON THE FILE OF THE
II ADDITIONAL SENIOR CIVIL JUDGE, M.A.C.T.-V,
CHITRADURGA, PARTLY ALLOWING THE CALIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA AND MFA.CROB., COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2024:KHC:31133
MFA No. 2226 of 2022
C/W MFA.CROB No. 146 of 2022
ORAL JUDGMENT
These two appeals are the outcome of the order that is
passed by the Motor Accident Claims Tribunal-V, Chitradurga,
in MVC No.538/2019, dated 06.01.2022.
2. While the insurance company preferred appeal vide
MFA No.2226/2022 urging the ground that the compensation
awarded is high and excessive, the claimants preferred MFA
Crob No.146/2022 seeking for enhancement of compensation.
3. Heard Sri.Pradeep.B learned counsel for the
appellant in MFA No.2226/2022, who is also representing
respondent No.1 in MFA Crob No.146/2022. Also heard
Sri.Jagadish.G Kumbar learned counsel for respondent Nos.1 to
6 in MFA No.2226/2022, who is appearing for the appellants in
MFA Crob No.146/2022.
4. As against the claim for Rs.36,00,000/- as
compensation, the Tribunal awarded a sum of Rs.22,54,000/-
as compensation. Arguing the matter learned counsel
Sri.Pradeep.B submits that the Tribunal without considering the
fact that there is no proof in respect of the actual occupation
and earnings of the deceased Thipperudrappa by the date of
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accident, took the income of the deceased as Rs.11,000/- per
month, which is highly unjustifiable.
5. On the other hand, learned counsel Sri.Jagadish.G
Kumbar submits that the deceased was an agriculturist and the
said fact was established by producing Ex.P10-RTC extract.
Learned counsel also states that the deceased Thipperudrappa
was earning substantial sum as a driver. Learned counsel
further contends that the amount taken as notional income i.e.,
Rs.11,000/- is grossly low.
6. Except Ex.P10-RTC extract, no other evidence is
produced by the claimants with regard to the exact earnings of
the deceased Thipperudrappa by the date of accident. However,
considering the fact that the accident occurred in the year 2017
and for the relevant period even the Karnataka State Legal
Services Authority is taking the notional income as Rs.11,000/-,
this Court is of the view that the Tribunal did not err in taking
the said figure into consideration for calculating the amount
under the head loss of Dependency. The Tribunal assessing the
evidence that was produced by the claimants, awarded a sum
of Rs.22.54,000/- as compensation under the following heads:
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a) Loss of dependency Rs.20,79,000/-
b) Conveyance Rs.5,000/-
c) Funeral Rs.15,000/-
d) Loss of estate Rs.15,000/-
e) Loss of consortium Rs.40,000/-
f) Loss of love and affection Rs.1,00,000/-
In total Rs.22,54,000/-
6. Sri.Jagadish.G Kumbar submits that the first
claimant is the wife and the claimants 2 to 6 are the children of
the deceased. Learned counsel states that only a sum of
Rs.40,000/- is awarded under the head loss of consortium,
which is unjustifiable. However, the Tribunal awarded a sum of
Rs.1,00,000/- under the head loss of love and affection.
Though the Tribunal is required to award a sum of Rs.40,000/-
under the head loss of spousal consortium and Rs.40,000/-
under the head loss of parental consortium, a sum of
Rs.40,000/- is awarded under the head loss of Consortium and
another sum of Rs.1,00,000/- is awarded under the head loss
of love and affection. This Court is of the view that there is
nothing to interfere in this regard.
7. The Tribunal subjecting the entire evidence that is
brought on record to scrutiny, has come to the just conclusion
that the amount which the claimants are entitled to as
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compensation is Rs.22,54,000/-. The said amount is neither
excessive as contended by Sri.Pradeep.B learned counsel for
the insurance company nor grossly low as contended by
Sri.Jagadish.G Kumbar learned counsel for the claimants. This
Court does not find any grounds what so ever to interfere with
the well reasoned order of the Tribunal. Therefore, this Court
holds that both the appeals lack merit.
8. Resultantly, both the appeals stand dismissed
without costs.
The amount, if any, in deposit in MFA No.2226/2022 be
transmitted to concerned Tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
