Karnataka High Court
Kum. Prakruthi vs The Manager on 2 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:4764
MFA No. 1333 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.1333 OF 2019 (MV-D)
BETWEEN:
KUM. PRAKRUTHI
D/O MANJUNATH,
AGED ABOUT 10 YEARS,
R/AT RAMANANDANAGARA,
BELLUR HOBLI, NAGAMANGALA TALUK,
MANDYA DISTRICT.
THE APPELLANT IS MINOR
HENCE REPTD BY HER NEXT FRIEND
/GUARDIAN GRAND MOTHER
NAMELY SMT. NANJAMMA,
W/O LAKSHMANAGOWDA,
AGED 56 YEARS
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)
Digitally signed by JAI AND:
JYOTHI J
Location: HIGH COURT
OF KARNATAKA
1. THE MANAGER
NATIONAL INSURANCE CO.LTD.,
NO.672, 1ST FLOOR, 11TH MAIN ROAD,
4TH BLOCK JAYANAGARA,
BANGALORE-11.
2. MR. MANJUNATH V L
S/O LAKSHMANAGOWDA,
R/AT NO.5, MUTTURAYASWAMY LAYOUT,
HULIMAVU, B.G.ROAD,
BENGALURU - 560 076
3. SRI. MALLIKARJUN
R/AT NO.262-4,
-2-
NC: 2024:KHC:4764
MFA No. 1333 of 2019
JANATHA COLONY,
1ST CROSS,
HULIMAVU,
BANNERGHATTA ROAD,
BENGALURU - 560 076
...RESPONDENTS
(BY SRI. K.N. SRINIVASA ADVOCATE FOR R1;
R2 AND R3 ARE NOTICE D/W V/O DATED 10.11.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.11.2018 PASSED IN MVC NO.
6288/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF
SMALL CAUSES, M.A.C.T, BENGALURU (SCCH-16), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimant seeking enhancement
of compensation awarded by the Small Causes and Motor
Accident Claims Tribunal, Bengaluru, by judgment and award
dated 24.11.2018 passed in MVC No.6288/2016.
2. The factum of accident, injuries sustained and
coverage of insurance, are not in dispute.
3. Heard the arguments of both sides and perused the
materials on record.
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4. The deceased died in the accident and she is
survived by minor daughter. Thus, minor daughter has filed a
claim petition through her guardian grandmother. The Tribunal
has committed an error in deducting 50% income towards her
personal expenses on the reason that deceased is having a
minor daughter alone legally dependent Just because the
claimant is alone and alone being dependent and the deceased
was on more to nurture and look after the claimant by giving
fundamental medicines and other necessities to the child, it
cannot be said that deceased was tending to make more
expenses on herself ignoring the welfare of child. Therefore,
when the deceased is having a family consisting of minor
daughter, 1/3rd income ought to have been deducted towards
personal and living expenses and accordingly same is deducted.
5. The accident is caused on 03.08.2016 and the
deceased was working as sales girl in Royal Meenakshi Mall,
Bengaluru, and her salary was Rs.12,153/- per month as per
Ex.P-6 - salary slip. The claimant has produced bank passbook
as per Ex.P-17, which proves the salary that was drawn by the
NC: 2024:KHC:4764
deceased. Therefore, income of the deceased is taken at
Rs.12,153/- per month. The deceased was 33 years old as on
the date of accident and having fixed salary, therefore 50% is
added towards 'loss of future prospects in life', since the
deceased was working on permanent basis in the mall by
receiving a salary. The appropriate multiplier applicable is '16'.
Therefore, loss of dependency is hereby reassessed as under:
Rs.12,153/- + 50% (Rs.6,076.5/- rounded off to Rs.6,077/-)
Rs.18,230/- x 12 x 16 x 2/3rd = Rs.23,33,440/-
6. As per the judgment of Hon'ble Supreme Court in the
case of MAGMA GENERAL INSURANCE CO. LIMITED v.
NANU RAM & OTHERS1, each claimant is entitled for
Rs.40,000/- towards 'loss of consortium'. In the present case,
there are two dependants viz., the petitioner and mother of
deceased. Therefore, compensation of Rs.88,000/-
[Rs.40,000/- x 2 dependants + 10% escalation) is awarded
under the head 'loss of consortium'.
2018 ACJ 2782
NC: 2024:KHC:4764
7. The compensation of Rs.16,500/- is awarded towards
'funeral expenses and transportation of dead body' as against
Rs.15,000/- awarded by the Tribunal.
8. The compensation of Rs.16,500/- is awarded towards
'loss of estate' as against Rs.15,000/- awarded by the Tribunal.
9. Based on the medical bills and receipts produced by
the claimant, the Tribunal has awarded compensation of
Rs.5,31,126/- towards medical expenses and hospitalization
charges, which is found to be just and proper and needs no
interference. Hence, same is kept intact.
10. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
Sl. Awarded by Awarded by
Particulars Rs.
No. Tribunal this Court
1 Loss of dependency Rs. 17,49,888/- 23,33,440/-
2 Loss of consortium
including loss of love
and affection Rs. -- 88,000/-
3 Funeral expenses
and transportation of
dead body Rs. 15,000/- 16,500/-
4 Loss of estate Rs. 15,000/- 16,500/-
5 Medical expenses Rs. 5,31,126/- 5,31,126/-
TOTAL Rs. 23,11,014/- 29,85,566/-
NC: 2024:KHC:4764
11. The Tribunal has awarded compensation of
Rs.23,11,014/-, but the appellant/claimant is entitled to total
compensation of Rs.29,85,566/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.6,74,552/- (Rs.29,85,566/- - Rs.23,11,014/-). Therefore,
the appellant/claimant is entitled to enhanced compensation of
Rs.6,74,552/- along with interest at the rate of 6% per
annum from the date of petition till the date of realization, in
addition to what has been awarded by the Tribunal.
11. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
24.11.2018 in MVC No.6288/2016 passed by
the Small Causes and Motor Accident Claims
Tribunal, Bengaluru, is modified to the extent
that the appellant/claimant is entitled to
enhanced compensation of Rs.6,74,552/-
along with interest at the rate of 6% per
NC: 2024:KHC:4764
annum from the date of petition till the date
of realization, in addition to what has been
awarded by the Tribunal.
iii. No order as to costs.
iv. Draw award accordingly.
Sd/-
JUDGE
DR
