Karnataka High Court
Smt Sannu vs National Insurance Co Ltd on 20 February, 2024
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NC: 2024:KHC:7118
MFA No. 3349 of 2016
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.3349 OF 2016(MV-D)
BETWEEN:
1. SMT. SANNU,
W/O LATE CHANTU,
AGED ABOUT 50 YEARS.
2. KUM. SUNANDA,
D/O LATE CHANTU,
AGED ABOUT 32 YEARS.
3. KUM. SUNITHA,
D/O LATE CHANTU,
AGED ABOUT 31 YEARS.
4. KUM. VANITHA,
D/O LATE CHANTU,
AGED ABOUT 27 YEARS.
Digitally 5. SMT. KUPPU,
signed by
BHARATHI S D/O LATE CHAKRA,
Location: AGED ABOUT 82 YEARS.
HIGH COURT
OF
KARNATAKA ALL ARE R/AT
HUNASEKATTE, DARKASTU HOUSE,
NITTE VILLAGE,
KARKALA TALUK - 574 104.
...APPELLANTS
(BY SRI. B.R. GURUPRASAD, ADVOCATE)
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NC: 2024:KHC:7118
MFA No. 3349 of 2016
AND:
1. NATIONAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE,
BHARATH BUILDING,
MANGALORE - 575 001,
REP. BY ITS MANAGER.
2. MR. MOHAMMED MUSTAFA,
S/O ABDULLA,
AGED ABOUT 26 YEARS,
R/O MARDOLY HOUSE,
NARIKOMBU POST,
BANTWAL TALUK - 574 211.
3. MR. SANTHOSH,
S/O LATE CHANTU,
AGED ABOUT 25 YEARS,
R/AT HUNASEKATTE,
DARKASTU HOUSE,
NITTE VILLAGE,
KARKALA TALUK - 574 104.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R1;
VIDE ORDER DATED:10.02.2017, NOTICE TO
R2 AND R3 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:26.11.2015 PASSED IN MVC
NO.734/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE, MEMBER, MACT-IV, D.K., MANGALORE, 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:
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NC: 2024:KHC:7118
MFA No. 3349 of 2016
JUDGMENT
The above appeal is filed by the claimants challenging the
judgment and award dated 26.11.2015 passed in
MVC.No.734/2014 on the file of the III Additional District Judge
and Motor Accidents Claims Tribunal,-IV, D.K, Mangalore1,
seeking for enhancement of the compensation awarded.
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
26.11.2015 has awarded sum of `6,00,000/- 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 is required to be enhanced?'
4. The deceased was aged 15 years as on the date of
the accident i.e., 05.02.2014. Hence, the appropriate multiplier
to be adopted is 11 as has been assessed by the Tribunal.
5. The deceased is stated to be a coolie. However, no
documents have been produced to prove the income of the
Hereinafter referred to as the 'Tribunal'
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deceased. 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, the same is re-assessed as
the notional income as per the chart being followed for
settlement of claims by the Lok-Adalath conducted by the Legal
Service Authority and having regard to the date of accident the
income is re-assessed at `8,000/- per month.
6. The claimants are the wife, three major daughters,
major son and the mother. As rightly assessed by the Tribunal
since the children are major, the 1/3 of the income is deducted
toward personal expenses. Hence, (8500 - 1/3)= `2833/-;
(8500 - 2833)= `5,677/-.
7. 10% is required to be added towards future
prospects as per the judgment of Hon'ble Supreme Court in the
case of NATIONAL INSURANCE COMPANY LTD V/S
PRANAY SETHI AND ORS2. Hence, future prospects is
assessed as (5667 + 10%)=`566/-; (5667 + 566) = `6233/-.
8. The loss of dependency is re-assessed as (6233 X
12 X 11) = `8,22,756/-.
(2017)16 SCC 680
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9. The claimants being wife, children and mother are
entitled for loss of consortium as per the judgment of Hon'ble
Supreme Court in the case of MAGMA GENERAL INSURANCE
COMPANY V/S NANU RAM ALIAS CHUBRU RAN AND
ORS3. Hence, the same is re-assessed as (44000 X 6) =
`2,64,000/-.
10. The compensation of `16,500/- each required to be
awarded towards loss estate and funeral expenses.
11. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl. Heads Amount Amount awarded
No. awarded by the by this Court (`)
Tribunal (`)
1. Loss of dependency 528000.00 822756.00
2. Loss of estate 25000.00 16500.00
3. Loss of love and 10000.00 00.00
affection
4. Medical bills 1500.00
5. Loss of consortium 10000.00 264000.00
6. Funeral and 25000.00 16500.00
obsequies ceremony
Total 599500.00 1119756.00
(2018) 18 SCC 130
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12. Hence, the appellant/claimant is entitled for an
enhancement of `5,19,756/- (`11,19,756 - `6,00,000) rounded
of to `5,20,000/- 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;
iii) The appellant/claimant is entitled to an
enhancement of `5,20,000/- 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 - insure 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;
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v) The Registry to draw the modified award
accordingly;
vi) No costs.
Sd/-
JUDGE
PNV
CT:SNN
