Karnataka High Court
Smt.Rathnamma vs Sri Siddaiah on 8 February, 2024
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NC: 2024:KHC:5533
MFA No. 7421 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.7421 OF 2014 (MV)
BETWEEN:
1. SMT.RATHNAMMA
W/O LATE D. RAJU,
AGED 62 YEARS,
2. SRI. JAGADHEESH D.R
S/O D. RAJU,
AGED 46 YEARS,
BOTH ARE R/O
DORANAHALLY VILLAGE,
KIRUGAVALU HOBLI,
MANDYA TALUK,
MANDYA DISTRICT-571428.
...APPELLANTS
(BY SRI. PRAMOD R, ADVOCATE)
AND:
Digitally 1. SRI SIDDAIAH
signed by
BHARATHI S S/O SIDDEGOWDA,
Location: MAJOR
HIGH R/O GODDAGOWDANAKOPPALU,
COURT OF
KARNATAKA KULKURNI POST,
MALAVALLI TALUK,
MANDYA DISTRICT 571436
2. THE BRANCH MANAGER
IFFCO TOKIO GENERAL INSURANCE CO., LTD
NO. 846, KANTHARAJ URS ROAD,
ABOVE SRI BAKERY,
AKSHAYA BANDAR,
KUVEMPUNAGAR,
MYSORE--571408.
...RESPONDENTS
(VIDE ORDER DATED 05.06.2015, NOTICE TO R1 DISPENSED WITH)
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NC: 2024:KHC:5533
MFA No. 7421 of 2014
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.01.2012 PASSED IN MVC
NO.104/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT,
MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 18.1.2012 passed in MVC
No.104/2010 by the Senior Civil Judge and MACT, Malavalli,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.
3. The Tribunal by it judgment and award dated
18.1.2012 has awarded a sum of `5,32,690/- together with
interest at 6% pa., and directed the second respondent -
insurer to deposit the compensation awarded. The finding of
the Tribunal on negligence and liability are not under
challenge. Hence, the only question that arises for
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:5533
consideration is with regard to the quantum of compensation
to be awarded.
4. The claim petition is filed by the wife and son
claiming compensation for the death of D.M.Raju2 in a road
traffic accident that occurred on 31.5.2010. The deceased
was aged 63 years. Hence, the appropriate multiplier is 7 as
rightly assessed by the Tribunal. The Tribunal noticing the
pension of the deceased as `8,400/- has deducted 1/3rd
towards personal expenses and calculated the loss of
dependency at `4,70,400/- which is just and proper and the
same is not being questioned by the claimants.
5. It is the contention of the claimants that the
compensation awarded under other conventional heads is
inadequate. Hence, the claimants being the wife and son are
entitled to loss of consortium as per the judgment of the
Hon'ble Supreme Court in the case of Magma General
Insurance Company Limited vs. Nanu Ram Alias Chuhru
Ram and others3 and is reassessed as (`44000x2) `88000/-
Hereinafter referred to as the 'deceased
(2018) 18 SCC 130
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. Further, a sum of `16,500/- each is awarded towards loss
of estate and funeral expenses respectively. The Tribunal
has awarded medical expenses at `27,290/- which is just
and proper.
5. Accordingly, the total compensation under
various heads is re-assessed as follows:
Sl.No. Heads Amount Amount
awarded by the awarded by
Tribunal (Rs.) this Court
(Rs.)
1. For transportation of 15000.00 16500.00
dead body and
funeral expenses
2. Loss of love and 10000.00 0.00
affection to claimant
No.2 -
3 Loss of consortium 10000.00 88000.00
to claimant No.1
Loss of consortium
to both
4. Loss of estate 0.00 16500.00
5. Medical expenses 27290.00 27290.00
6. Loss of dependency 470400.00 470400.00
Total 532690.00 618690.00
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6. Hence, the claimants are entitled for enhanced
compensation of (`618690- `532690) `86000/- along with
interest at 6% p.a.
7. In the result, the following order is passed:
ORDER
i) The above appeal is allowed in part;
ii) The judgment and award dated 18.1.2012 passed
in MVC No.104/2010 by the Senior Civil Judge
and MACT, Malavalli, is modified to the extent
stated herein. In all other respects, the
judgment and award of the Tribunal remains
unaltered.
iii) The claimants are entitled for an enhancement
of `86,000/- 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 second respondent - insurer is directed to
deposit the said compensation together with
accrued interest within a period of eight weeks
from the date of receipt of a copy of this
judgment;
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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.
vi) No costs.
Sd/-
JUDGE
ND
