Karnataka High Court
Smt Pushpa M.S vs The Managing Director on 5 February, 2024
-1-
NC: 2024:KHC:4936
MFA No. 9231 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 9231 OF 2015 (MV-D)
BETWEEN:
1. SMT PUSHPA M.S.
W/O SELVAM.M
AGED ABOUT 43 YEARS,
2. SRI SELVAM.M
S/O LATE MANI,
AGED ABOUT 51 YEARS,
3. KUM.BHIMA BAI.S
D/O SELVAM.M,
AGED ABOUT 23 YEARS,
4. MASTER SAMRAT ASHOK.S
@ CHAMARAJU.S,
S/O SELVAM.M
AGED ABOUT 18 YEARS
Digitally
signed by 5. MASTER SURYA BHAGAVAN.S
BHARATHI S
Location:
S/O SELVAM.M
HIGH AGED ABOUT 13 AYEARS,
COURT OF
KARNATAKA
6. KUM.DURGADEVI.S
D/O SELVAM.M
AGED ABOUT 11 YEARS,
7. MASTER MANI MEGAN.S
S/O SELVAM.M,
AGED ABOUT 9 YEARS,
APPELLANT Nos.5 TO 7 BEING
MINORS, REPRESENTED BY THEIR
MOTHER & NATURAL GUARDIAN
SMT.PUSHPA APPELLANT NO.1.
-2-
NC: 2024:KHC:4936
MFA No. 9231 of 2015
ALL ARE R/AT NO.643, BLOCK NO.21,
AMBEDKARNAGARA, PANTHARAPALYA,
MYSORE ROAD,
BENGALURU-560 039
...APPELLANTS
(BY SRI. RAJASHEKAR M., ADVOCATE)
AND:
THE MANAGING DIRECTOR
B.M.T.C. K.H.ROAD,
BENGALURU-560 027.
...RESPONDENT
(BY SRI. D VIJAYA KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.03.2015 PASSED IN MVC
NO.1803/2014 ON THE FILE OF THE XIX ADDITIONAL SMALL
CAUSES JUDGE, & XLI ACMM, MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimants challenging the
judgment and award dated 23.3.2015 passed in MVC
No.1803/2014 by the Motor Accident Claims Tribunal,
Bengaluru (SCCH-17)1, seeking for enhancement of the
compensation awarded.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
Hereinafter referred to as the 'Tribunal'
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3. The Tribunal by its judgment and award dated
23.3.2015 has awarded a total compensation of `8,16,000/-
together with interest at 6% pa. The judgment of the Tribunal
on negligence and liability are not under challenge. Hence, the
only question that is required to be considered is regarding
enhancement of compensation.
4. The claimants are the parents and siblings of the
deceased who died in a road traffic accident which occurred on
27.2.2014. The deceased was aged 21 years as on the date of
accident. Hence, the appropriate multiplier to be assessed is
18.
5. The claimants alleged that the deceased was a
painter. However, no documents have been produced to prove
the income. Hence, the income of the deceased is reassessed
as notional income as per the chart followed for settlement of
claims in Lok Adalath conducted by the Legal Services Authority
and having regard to the date of accident i.e., 27.2.2014 the
income is reassessed as `8,500/- as against `6,000/- assessed
by the Tribunal.
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6. 40% of the income is required to be added towards
future prospects in view of the judgment of the Hon'ble
Supreme Court in the case of National Insurance Company
Limited V. Pranay Sethi and others2 and 50% is required to
be deducted towards personal expenses as the deceased was a
bachelor. Hence, the loss of dependency is reassessed as
(`8,500/- +40% less 50%x12x18) `12,85,200/- as against
`7,56,000/- awarded by the Tribunal.
7. The claimant Nos.1 and 2 are the parents and they
are entitled to loss of consortium in a sum of `44,000/- each in
view of the judgment of the Hon'ble Supreme Court in the case
Magma General Insurance Company Limited vs. Nanu
Ram Alias Chuhru Ram and others3. Hence, a sum of
(`44000x2) `88,000/- is awarded under the said head. The
claimants are also entitled to be awarded a sum of `16,500/-
each towards funeral expenses and loss of estate.
8. Accordingly, the total compensation under various
heads is re-assessed as follows:
(2017) 16 SCC 680
(2018) 18 SCC 130
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Sl.No. Heads Amount awarded Amount awarded
by the Tribunal by this Court (`)
(`)
1. Towards loss of 756000 1285200.00
dependency
2. Towards funeral 25000.00 16500.00
and transportation
3. Loss of estate 0.00 16500.00
4. Loss of love and 35000.00 0.00
affections
5 Loss of consortium 0.00 88000.00
Total 816000.00 1406200.00
9. Hence, the claimants are entitled for enhanced
compensation of (`1406200 - `816000) `5,90,200/- together
with interest at 6% p.a.
10. In view of the aforementioned, the following order
is passed:
ORDER
i) The above appeal is allowed in part;
ii) The judgment and award dated 23.3.2015 passed
in MVC No.1803/2014 on the file of Motor Accident
Claims Tribunal, Bengaluru (SCCH-17) is modified
to the above extent. In all other respects, the
judgment and award of the Tribunal remains
unaltered;
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iii) The claimants are entitled for an enhancement of
Rs.5,90,200/- with interest at 6% p.a. from the
date of petition till its realization in addition to the
compensation awarded by the Tribunal;
iv) The respondent is directed to deposit the enhanced
compensation together with accrued interest within
a period of eight weeks from the date of receipt of
a copy of this judgment;
v) The apportionment, disbursement and deposit of
the enhanced compensation shall be as per the
award of the Tribunal.
vi) The Registry to draw the modified decree
accordingly.
No costs.
Sd/-
JUDGE
nd
