Karnataka High Court
Pandurang And Anr vs M/S Amar Jyoti And Anr on 19 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No. 200651 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 200651 OF 2023 (MV-D)
BETWEEN:
PANDURANG S/O ANNA DANDAGE,
AGE: 50 YEARS, OCC: COOLIE,
R/O: AMBE, PANDARPUR, TQ: SOLAPUR,
DIST: NOW AT ARAKERI, VIJAYAPURA TALUKA,
DIST: VIJAYAPURA-586103.
...APPELLANT
(BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. M/S AMAR JYOTI CARRYING CORPORATION,
NO.107, 2ND FLOOR, 4TH CROSS,
KPN EXTENSION, BENGALURU-560002.
2. THE BRANCH MANAGER LEGAL,
Digitally signed by
RAMESH THE ORIENTAL INSURANCE CO. LTD.,
MATHAPATI BIDARI BUILDING, S.S. FRONT ROAD,
Location: HIGH
COURT OF VIJAYAPURA-586101.
KARNATAKA
...RESPONDENTS
(BY SRI. MANVENDRA REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 06.09.2022
PASSED IN MVC NO. 1131/2021 ON THE FILE OF THE COURT
OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO. XV, VIJAYAPURA AT
VIJAYAPURA, AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT BY RS,28,15,400/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HONOURABLE
COURT, IN THE INTEREST OF JUSTICE AND EQUITY.
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MFA No. 200651 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the claimant in MVC No.1131/2021
on the file of the Motor Accident Claims Tribunal-XV,
Vijayapura [for short, 'the tribunal']. The claimant has lost
his daughter Miss. Shrusti, who was aged about 18 years as
of the date of the fatal accident in the year 2021. The
Tribunal has granted a sum of Rs.21,84,600/-1 under the
following heads:
Heads of Compensation Amount
Loss of dependency Rs.21,54,600/-
Funeral expenses Rs.20,000/-
Loss of estate Rs.10,000/-
Total Rs.21,84,600/-
Sri. Chandrakanth Laxman Koujalagi, the learned
counsel for the appellant, submits that the appellant is
aggrieved by the grant towards the conventional sum, and
he submits that the Tribunal, apart from granting just a
1 The Tribunal has corrected its judgment vide the order dated
09.09.2022 to justify the computation of this amount as per the
Table hereafter.
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sum of Rs.30,000/- towards funeral and obsequies
ceremonies and loss of estate, should have also granted a
sum of Rs.40,000/- towards loss of consortium.
Sri. Manvendra Reddy, the learned counsel for the Insurer is
unable to contest this proposition. In fact, in MFA
No.200589/2023, arising out of the Tribunal's impugned
judgment and award insofar as the claim petition in
MVC No.1132/2021, this Court, while considering similar
ground, has enhanced compensation by granting
Rs.40,000/- towards loss of consortium. Hence, the
following:
ORDER
i. The appeal is allowed in part.
ii. The Tribunal's judgement and award in MVC
No.1131/2021 is modified enhancing
compensation by Rs.40,000/-. The enhanced
amount shall carry interest at the rate of 6%
per annum from the date of petition till deposit.
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iii. The second respondent - Insurer is directed to
deposit the enhanced amount along with
interest within a period of eight weeks from the
date of receipt of a certified copy of this order.
The enhanced amount shall be apportioned
equally among the first and second appellants.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT: CS
