Karnataka High Court
Smt Aleti Vasanthamma vs Reliance General Insurance Company Ltd on 29 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:8435
MFA No. 67 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 67 OF 2022 (MV-D)
BETWEEN:
1. SMT ALETI VASANTHAMMA
W/O LATE ALETI VENKATARATHNAM,
NOW AGED ABOUT 70 YEARS,
RESIDING AT NO 929/A 5TH CROSS, 1ST MAIN,
K N EXTN, YESHWANTHAPUR,
BANGALORE - 560 022.
2. KUM. ALETI SANDYA RANI
D/O LATE. ALETI VENKATARATHNAM,
NOW AGED ABOUT 30 YEARS,
RESIDING AT NO 929/A,
5TH CROSS, 1ST MAIN,
K N EXTN, YESHWANTHAPUR,
BANGALORE - 560 022.
...APPELLANTS
Digitally signed
by V KRISHNA (BY SRI. RANGEGOWDA N R., ADVOCATE)
Location: High
Court of AND:
Karnataka
1. RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO 28, 5TH FLOOR,
EAST WING, CENTENARY BUILDING,
M G ROAD,
BANGALORE- 560,001.
REP BY ITS MANAGER.
2. M/S, SRI SAI BALAJI SPONGE IRON
INDIA PVT LTD.,
-2-
NC: 2024:KHC:8435
MFA No. 67 of 2022
C/O OPP, UBEDULLA HOUSE,
BEHIND MALINATH SCHOOL MACCA,
CHITRADURGA, KARNATAKA - 577,501.
...RESPONDENTS
(BY SRI. H.C.BETSUR, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED
01.03.2023;)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.10.2021 PASSED IN MVC
NO. 4117/2019 ON THE FILE OF THE VII ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF
SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the claimants challenging the
judgment and award dated 29.10.2021 passed by Motor
Accident Claims Tribunal Court of Small Causes, Bangalore (for
short 'the Tribunal') in MVC No.4117/2019. This appeal is
founded on the premise of inadequate and meager
compensation. Hence, the appellants seek enhancement of
compensation.
2. Parties to the appeal shall be referred to as per their
status before the Tribunal.
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3. Brief facts of the case are as under;
That on 14.06.2019 at about 12.20 p.m., the deceased
Aleti Venkatarathnam was standing on the left side of the road
at Hebbala Circle Ring Road, at that time the driver of the Lorry
bearing reg.No.KA-16-C-5147 came in a rash and negligent
manner and dashed against the deceased Aleti Venktarathnam.
As a result, he fell down, suffered severe injuries, and was
shifted to M.S.Ramaiah Hospital, despite treatment, he
succumbed to the injuries.
3.1. The claimants are the wife and daughter of the
deceased Aleti Venkatarathnam. The deceased was hale and
healthy prior to the accident and was doing Provision Store
business and earning Rs.20,000/- per month. The claimants
have lost their earning source. Hence, they filed a claim
petition seeking compensation.
3.2. On the basis of pleadings, the tribunal framed the
relevant issues for consideration.
3.3. In order to substantiate the issues and to establish
the case, the claimants got examined witnesses as PW.1 and
got marked documents as Exs.P1 to P9. On the other hand,
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respondents got examined witnesses as RW.1, RW.2 and RW.3
and got marked documents as Exs.R1 to R8.
3.4. On the basis of material evidence, both oral and
documentary and on hearing the submissions of learned
counsel for both parties, the tribunal awarded compensation of
Rs.4,70,000/- with interest @ 6% p.a. and directed respondent
No.1 - Insurance Company to pay the compensation.
3.5. Being aggrieved by the meager compensation
awarded by the tribunal, the claimants are before this Court
challenging the impugned judgment and award.
4. The main contention of the learned counsel for the
appellants-claimants is that, the tribunal has committed an
error in awarding meagre compensation, which calls for
interference at the hands of this Court. Accordingly, she seeks
enhancement of compensation.
5. Per contra, learned counsel for the respondent-
Insurance Company submits that the tribunal has rightly
awarded just and reasonable compensation, which does not call
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for interference. Therefore, on these grounds, he seeks to
dismiss the appeal.
6. Having heard the learned counsel for the appellants
- claimants and the learned counsel for the respondent -
Insurance Company, the occurrence of the accident,
involvement of the vehicle in the death that occurred due to the
accident are not disputed in view of the production of Exs.P1 to
P9, the police records, which clearly depict the filing of the FIR
and charge sheet as against the driver of the lorry bearing
reg.No.KA-16-C-5147 who drove the vehicle in a rash and
negligent manner, cause the accident leading to the death of
said deceased Aleti Venkatarathnam. The tribunal has taken
the income at Rs.9,000/-, whereas the notional income chart
for the year 2019 is Rs.14,000/-. Hence, income is taken at
Rs.14,000/-, 1/3rd is to be deducted towards personal and
living expenses, it would be Rs.5,60,040/-(Rs.14,000/- -1/3rd
= Rs.9,334/- x 12 x 5) as against Rs.3,60,000/- awarded by
the tribunal towards loss of dependency.
7. Towards loss of consortium, Rs.40,000/- each
awarded to the claimants which is correct and does not call for
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interference. However, for one block period of three years,
10% escalation is to be awarded. In the present case, there
are two dependents. Therefore, this Court deems it
appropriate to award Rs.80,000/-(Rs.40,000 x 2) along with
10% escalation, which would come to Rs.8,000/- (Rs.80,000/-
x 10%). In all, the claimants would be entitled to
Rs.88,000/- towards loss of consortium.
8. The tribunal awarded Rs.15,000/- towards loss of
estate and Rs.15,000/- towards transportation of dead body,
funeral expenses and obsequies ceremonies. In all,
Rs.30,000/- awarded by the tribunal towards conventional
heads, which does not call for interference and the same is
retained. As per the aforesaid decision, 10% escalation for one
block period on the same would be awarded under this head,
which would come to Rs.33,000/- (Rs.30,000/- x 10%).
9. In view of the above, the claimant would be entitled
to a total compensation of Rs.6,81,040/- as against
Rs.4,70,000/- as mentioned in the table below:
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Heads Amount in Rs.
Loss of dependency Rs.5,60,040-00
Loss of consortium Rs.88,000-00
(+ 10% escalation)
Loss of estate and Rs.33,000-00
transportation of dead body,
funeral expenses.
(+ 10% escalation)
TOTAL Rs.6,81,040-00
10. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 29.10.2021 passed in
MVC.No.4117/2019 by Motor Accident Claims Tribunal,
Court of Small Causes, Bangalore, is modified;
iii) The claimants would be entitled to a sum of
Rs.6,81,040/- as against Rs.4,70,000/-;
iv) The enhanced compensation amount shall be paid by the
respondent-Insurance Company with interest at 6% per
annum. Enhancement shall be paid within a period of
four weeks from the date of receipt of a copy of this
judgment;
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v) All other terms and conditions stipulated by the tribunal
shall stand intact with regard to deposit and
apportionment.
Sd/-
JUDGE
AM
