Karnataka High Court
Sri Panidepu Akkaiah vs The Principal on 5 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:723
MFA No. 843 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.843 OF 2017 (MV-D)
BETWEEN:
1. SRI PANIDEPU AKKAIAH
S/O LATE RAMADASU
AGED ABOUT 42 YEARS
2. SMT PANIDEPUR RAMANAMMA
@ PANIDEPUR VENKATARAMANA
W/O PANIDEPUR AKKAIAH
AGED ABOUT 42 YEARS
BOTH ARE RESIDING AT
MURTHUNJAYAPURAM VILLAGE,
MARCHALAMANDALAM,
GUNTURU DISTRICT, ANDHRA PRADESH.
...APPELLANTS
(BY SRI. B.C. THIPPESWAMY, ADVOCATE)
AND:
1. THE PRINCIPAL
Digitally signed by
RAMYA D NARAYANA E-TECHNO SCHOOL,
Location: HIGH COURT
OF KARNATAKA NARYANA EDUCATIONAL SOCIETY
RAMAMURTHY NAGAR
BANGALORE - 16.
2. THE LEGAL MANAGER
M/S BAJAJ ALLINZ GENERAL
INSURANCE COMPANY LTD.,
NO.31,TBR TOWERS,1ST CROSS,
NEW MISSION ROAD,
BANGALORE - 560 002.
...RESPONDENTS
(R1 - NOTICE SERVED;
-2-
NC: 2024:KHC:723
MFA No. 843 of 2017
R2- NOTICE HELD SUFFICEINT V/O DATED 08.03.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.08.2016 PASSED IN MVC
NO.3435/2015 ON THE FILE OF THE III ADDL.SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BENGALURU, (SCCH-18, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants seeking
enhancement of the compensation awarded by the III
Addl. Senior Civil Judge and MACT, Bengaluru, vide
judgment and award dated 03.08.2016 in MVC
No.3435/2015.
2. The factum of accident and death of deceased
are not in dispute.
3. Heard the arguments of both parties and
perused the records.
4. In the present case, deceased was the bachelor
aged 19 years at the time of accident and was studying
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third semester in Bachelor of Business Management. The
accident has occurred on 27.06.2015, as such, as per the
provisions of KSLSA the notional income is taken at
Rs.9,000/- per month. To the said income, 40% shall be
added towards 'future prospects in life' and the
appropriate multiplier applicable is '18'. Since the
deceased was a bachelor, 50% should be deducted
towards his personal expenses. Therefore, loss of
dependency is quantified as follows:
Rs.9,000/- + 40% (Rs.3,600) = Rs.12,600/-
Rs.12,600/- - 50% (Rs.6,300/-) = Rs.6,300/-
Rs.6,300/- x 12 x 18 = Rs.13,60,800/-
Thus, the appellants/claimants are entitled for
compensation of Rs.13,60,800/- towards 'loss of
dependency'.
5. The Tribunal has awarded compensation of
Rs.30,000/- towards 'loss of love and affection'. The 'loss
of love and affection' and 'loss of consortium' are having
the same connotation. As per the judgment of Hon'ble
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Supreme Court in the case of MAGMA GENERAL
INSURANCE CO. LIMITED V. NANU RAM & OTHERS1,
each claimants are entitled for Rs.40,000/- towards 'loss
of consortium'. In the present case, there are two
dependants, therefore compensation of Rs.88,000/-
[Rs.40,000/- x 2 dependants + 10% escalation) is
awarded under the head 'loss of consortium' including 'loss
of love and affection'.
6. The compensation of Rs.16,500/- (Rs.15,000/-
+ 10%) is awarded towards 'funeral expenses and
transportation of dead body' as against compensation of
Rs.30,000/- awarded by the Tribunal.
7. The compensation of Rs.16,500/- (Rs.15,000/-
+ 10%) is awarded towards 'loss of estate' as against
compensation of Rs.30,000/- awarded by the Tribunal.
2018 ACJ 2782
NC: 2024:KHC:723
8. Thus, in all, the appellants/claimants are
entitled for total compensation under various heads as
follows:
Sl.
Particulars Rs. Amount Amount
No.
1 Loss of dependency Rs. 8,64,000/- 13,60,800/-
2 Loss of love and
affection Rs. 30,000/- 88,000/-
3 Funeral expenses
and transportation
of dead body Rs. 30,000/- 16,500/-
4 Loss of estate Rs. 30,000/- 16,500/-
TOTAL Rs. 13,24,000/- 14,81,800/-
9. The Tribunal has awarded compensation of
Rs.13,24,000/-, but the appellants/claimants are entitled
to total compensation of Rs.14,81,800/-. Hence, the
appellants/claimants are entitled to enhanced
compensation of Rs.1,57,800/- (Rs.14,81,800/- -
Rs.13,24,000/-). Therefore, the appellants/claimants are
entitled to enhanced compensation of Rs.1,57,800/-
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.
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10. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award
dated 03.08.2016 in MVC No.3435/2015
passed by the III Addl. Senior Civil
Judge and MACT, Bengaluru, is modified
to the extent that the
appellants/claimants are entitled to
enhanced compensation of
Rs.1,57,800/- 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.
iii. No order as to costs.
iv. Draw award accordingly.
Sd/-
JUDGE
DR
