Karnataka High Court
Smt. Lakshmi vs Vivek Transport on 20 February, 2024
-1-
NC: 2024:KHC:7117
MFA No. 728 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 728 OF 2015 (MV-D)
BETWEEN:
1. SMT. LAKSHMI,
W/O LATE SUNDAR @ SUNDAR RAJ,
AGED ABOUT 41 YEARS.
2. RAJESHWARI,
D/O LATE SUNDAR @ SUNDAR RAJ
AGED ABOUT 22 YEARS.
3. LAKSHMANA,
S/O LATE SUNDAR @ SUNDAR RAJ
AGED ABOUT 15 YEARS.
4. RAMYA,
D/O LATE SUNDAR @ SUNDAR RAJ
AGED ABOUT 12 YEARS
Digitally
signed by SINCE 3RD AND 4TH APPELLANT
BHARATHI S REPRESENTED BY 1ST APPLT/MOTHER.
Location:
HIGH COURT
OF ALL ARE R/AT PALANIHALLI VILLAGE,
KARNATAKA
KATTIGENAHALLI, YELAHANKA POST,
BANGALORE - 560 064.
...APPELLANTS
(BY SRI. PUTTA SWAMY C., ADVOCATE)
AND:
1. VIVEK TRANSPORT,
-2-
NC: 2024:KHC:7117
MFA No. 728 of 2015
99 SECTOR, 17 GURGAON,
HARYANA - 122 001.
(EXPARTE)
2. ICICI LOMBARD GENERAL
INSURANCE CO. LTD.,
REGIONAL OFFICE,
NO.89, 2ND FLOOR,
SVR COMPLEX, MADIVALA,
BANGALORE - 68.
(REPRESENTED BY ITS MANAGER )
...RESPONDENTS
(BY SRI. LAKSHMI NARASAPPA B.C., ADVOCATE FOR
SRI. A.M. VENKATESH, ADVOCATE FOR R2;
VIDE ORDER DATED 13.07.2016, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:03.09.2014 PASSED IN MVC
NO.658/2013 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES
JUDGE, & XXVIII ACMM, MACT, BENGALURU, 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 above appeal is filed by the claimants challenging the
judgment and award dated 03.09.2014 passed in
MVC.No.658/2013 on the file of the Motor Vehicles Accident
Claims Tribunal, Bengaluru1, seeking for enhancement of the
compensation awarded.
Hereinafter referred to as the 'Tribunal'
NC: 2024:KHC:7117
2. For the sake of convenience, the parties herein are
referred as per their ranking before the Tribunal.
3. The Tribunal by its judgment and award dated
03.09.2014 has awarded sum of `8,67,000/- together with
interest at 6% per annum. The finding of the Tribunal on
negligence and the liability is not under challenge. Hence, the
only question that is required to be considered is, 'Whether the
quantum of compensation awarded by the Tribunal is required
to be enhanced?'
4. The deceased was aged 18 as on the dated of the
accident. Hence, the appropriate multiplier of 18 is required to
be adopted. The finding of the Tribunal taking the age of the
mother and assessing the multiplier at 15 is erroneous and set
aside.
5. The claimant has stated that deceased was bar
bending supervisor. However, no documents have been
produced to prove the income. The Tribunal has assessed the
income at `6,000/- per month. Having regard to the fact that
no documents have been produced to prove the income of the
deceased, the same is re-assessed as notional income as per
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the chart followed for settlement of claims by the Lok-Adalath
conducted by the Legal Service Authority. Having regard to the
date of accident the income is re-assessed at `7,000/- per
month.
6. The claimants are the mother, major sister, minor
brother and sister of the deceased. Although the deceased is a
bachelor, having regard to the judgment of Hon'ble Supreme
Court in the case of SARALA VERMA (SMT) AND OTHERS
V/S DELHI TRANSPORT CORPORATION AND
ANOTHER2, where it has been held that where the family of
the bachelor is large and the deceased bachelor is survived by
his widowed mother and large number of younger non earning
sisters or brothers the personal expenses is required to be
restricted to 1/3. The claimants in the claim petition have
specifically averred that they were depending on the income of
the deceased. Hence, the personal expenses of the deceased
that is required to deducted from the income is 1/3. Hence, the
income is re-assessed as (7,000 - 1/3) =`2333/-; (7000 -
2333) = `4667/-.
(2009) SCC 121
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7. 40% is required to be added towards future
prospects as per the Hon'ble Supreme Court in the case of
NATIONAL INSURANCE COMPANY LTD V/S PRANAY
SETHI AND ORS3. Hence, future prospects is assessed as
(4667 + 40%)=`1867/-; (4667 + 1867) = `6,534/-.
8. The loss of dependency is re-assessed as (6534 X
12 X 18) = `14,11,344/-.
9. The claimants are entitled to loss consortium as per
judgment of Hon'ble Supreme Court in the case of MAGMA
GENERAL INSURANCE COMPANY V/S NANU RAM
ALIAS CHUBRU RAM AND ORS4 and the same is
re-assessed as (44000 X 4)= `1,76,000/-.
10. A compensation of `16,500/- each is required to be
awarded towards loss of estate and funeral expenses.
11. Accordingly, the total compensation under various
heads is re-assessed as follows:
(2017)16 SCC 680
(2018)18 SCC 130
NC: 2024:KHC:7117
Sl.No. Heads Amount awarded Amount awarded
by the Tribunal by this Court (`)
(`)
1. Loss of 810000.00 1411344.00
dependency
2. Loss of estate 20000.00 16500.00
3. Loss of love 12000.00 00.00
and affection
4. Funeral 25000.00 16500.00
expenses
5. Loss of 00.00 176000.00
consortium
Total 867000.00 1619344.00
12. Hence, the appellant/claimant is entitled for an
enhancement of `7,53,344/- (`1629344 - `867000) rounded of
to `7,54,000/- together with interest at 6% p.a.
13. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 03.09.2014 passed
in MVC.No.658/2013 by the Motor Vehicles Accident
Claims Tribunal, Bengaluru, is modified to the
extent stated herein. In all other respects, the
judgment and award of the Tribunal remain
unaltered;
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iii) The appellant/claimant is entitled to an
enhancement of `7,54,000/- with interest at 6%
per annum from the date of petition till its
realization, in addition to the compensation
awarded by the Tribunal.
iv) Respondent No.2 - insurer shall 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 Registry to draw the modified award
accordingly.
vi) No costs.
Sd/-
JUDGE
PNV
CT:SNN
