Karnataka High Court
Smt. Neelamma vs Icici Lombard Gen Ins. Co. Ltd on 16 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:6739
MFA No. 6894 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.6894 OF 2018 (MV-D)
BETWEEN:
1. SMT. NEELAMMA
W/O LATE RAMAPPA,
AGED ABOUT 48 YEARS,
2. PAVITHRA
D/O LATE RAMAPPA
AGED ABOUT 25 YEARS,
3. MADHU KUMAR
S/O LATE RAMAPPA
AGED ABOUT 23 YEARS,
ALL ARE R/AT NO.4/12,
SHANKARANARAYANAPURA VILLAGE,
KUNDHUMARANAPPLI POST,
DENAKANIKOTAI TALUK
KRISHNAGIRI DISTRICT - 635 113.
Digitally signed by JAI
...APPELLANTS
JYOTHI J (BY SMT. NITHYA. V FOR
Location: HIGH
COURT OF SRI. PRAKASH M H, ADVOCATE)
KARNATAKA
AND:
1. ICICI LOMBARD GEN INS. CO. LTD.,
NO.121, 9TH FLOOR,
THE ESTATE BUILDING
DICKENSON ROAD/M.G ROAD,
BANGALORE - 560 042
BY ITS MANAGER
2. P. LATHA
W/O PARTHASARATHI K.P.,
SARATHI BUILDERS PVT. LTD.,
-2-
NC: 2024:KHC:6739
MFA No. 6894 of 2018
NO.D1419, 5TH MAIN, 20TH CROSS
7TH SECTOR, HSR LAYOUT
BANGALORE - 560 002.
...RESPONDENTS
(BY SRI. A.N. KRISHNASWAMY ADVOCATE FOR R1
R2- SERVED UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO.
3392/2016 ON THE FILE OF THE XXI ACMM, & XXIII ASCJ, MACT,
COURT OF SMALL CAUSES, BENGALURU 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 appeal is filed by the claimants seeking
enhancement of compensation awarded by MACT, Court of
Small Causes, Bengaluru, vide judgment and award dated
04.09.2017 in MVC No.3392/2016.
2. The factum of accident, death of deceased and
coverage of insurance are not in dispute.
3. Heard the arguments of both parties and perused
the materials on record.
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4. In the present case, the Tribunal has awarded
compensation as under:
Sl. Amount in
Particulars
No. Rs.
1 Loss of dependency 7,04,088/-
2 Loss of consortium 1,00,000/-
3 Loss of love and affection 1,00,000/-
3 Towards transport and funeral 25,000/-
expenses
Total 9,29,100/-
5. The Tribunal while determining the compensation
has not adopted the correct parameters. Hence, claimants
are entitled for compensation.
6. In the present case, the deceased died in the
accident that occurred on 16.03.2016, who was aged 51
years, working as agriculturist and managing dairy farm. In
the absence of proof of income, as per provisions of KSLSA
the notional income for the year 2016 is ought to be taken as
Rs.9,500/- per month. Since the deceased was 51 years,
10% income has to be added towards 'future prospects in
life'. The appropriate multiplier is '11'. The claimants being
wife, daughter and son, 1/3rd of income has to be deducted
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towards his personal and living expenses. Therefore, loss of
dependency is reassessed and quantified as under:
Rs.9,500/- + 10% (Rs.950/-) = Rs.10,450/-
Rs.10,450/- X 2/3rd x 11 x 12 = Rs.9,19,599.99 rounded off
to Rs.9,19,600/-.
7. The Tribunal has awarded compensation of
Rs.1,00,000/- towards 'loss of consortium' and Rs.1,00,000/-
towards 'loss of love & affection'. The 'loss of love and
affection' and 'loss of consortium' are having the same
connotation. 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 three dependants. Therefore,
compensation of Rs.1,32,000/- [Rs.40,000/- x 3 dependants
+ 10% escalation) is awarded under the head 'loss of
consortium'.
2018 ACJ 2782
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8. The compensation of Rs.16,500/- is awarded
towards 'funeral expenses and transportation of dead body'
as against Rs.25,000/- awarded by the Tribunal.
9. The compensation of Rs.16,500/- is awarded
towards 'loss of estate', which is not awarded by the
Tribunal.
10. Thus, in all, the appellants/claimants are 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. 7,04,088/- 9,19,600/-
2 Loss of consortium
including loss of love
and affection Rs. 2,00,000/- 1,32,000/-
3 Funeral expenses and
transportation of dead
body Rs. 25,000/- 16,500/-
4 Loss of estate Rs. -- 16,500/-
TOTAL Rs. 9,29,100/- 10,84,600/-
11. The Tribunal has awarded compensation of
Rs.9,29,100/-, but the appellants/claimants are entitled to
total compensation of Rs.10,84,600/-. Hence, the
appellants/claimants are entitled to enhanced compensation
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of Rs.1,55,000/- (Rs.10,84,600/- - Rs.9,29,100/-).
Therefore, the appellants/claimants are entitled to enhanced
compensation of Rs.1,55,500/- 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.
12. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
04.09.2017 passed by MACT, Court of
Small Causes, Bengaluru, in MVC
No.3392/2016, is modified to the extent
that the appellants/claimants are entitled
to enhanced compensation of
Rs.1,55,500/- along with interest at the
rate of 6% per annum from the date of
petition till the date of realization, in
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addition to what has been awarded by the
Tribunal.
iii. However, the appellants/claimants would
not be entitled to interest for the delay
period of 245 days in filing the appeal.
iv. No order as to costs.
v. Registry to send back the trial court
records to the jurisdictional Tribunal.
vi. Draw award accordingly.
Sd/-
JUDGE
DR
