Karnataka High Court
Smt. Puttamma vs M/S Chanson Cozy Cabs Pvt. Ltd on 5 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:725
MFA No. 5743 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.5743 OF 2017 (MV-D)
BETWEEN:
1. SMT. PUTTAMMA
AGED 47 YEARS,
W/O LATE LAKKAPPA
2. LOKESHA
AGED 27 YEARS,
S/O LATE LAKKAPPA
3. SMT JAYAMMA,
AGED 69 YEARS,
W/O LATE LAKKAPPAGOWDA
NO.1 TO 3 ABOVE ARE
R/AT H.NO.38, HALALU VILLAGE,
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 432.
...APPELLANTS
(BY SRI. A K BHAT, ADVOCATE)
AND:
Digitally signed by
RAMYA D
Location: HIGH COURT 1. M/S CHANSON COZY CABS PVT. LTD.,
OF KARNATAKA
#719, ARN ARCADE, 1ST FLOOR,
AREKERE MAIN ROAD,
BANNERGATTA ROAD,
BENGALURU - 560 076.
(RC OWNER OF TATA INDICA V2LS CAR
BEARING REG. NO.KA-01-AB-4912)
2. RELIANCE GENERAL INSURANCE COMPANY LIMITED
5TH FLOOR, CENTENARY BUILDING,
M. G. ROAD, BENGALURU - 560 001.
BY ITS MANAGER.
...RESPONDENTS
(BY SRI. ASHOK N. PATIL ADVOCATE FOR R2;
-2-
NC: 2024:KHC:725
MFA No. 5743 of 2017
R1- NOTICE DISPENSED WITH V/O DATED 02.11.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC
NO.5454/2015 ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER OF MACT, BENGALURU
(SCCH.15), 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 MACT,
Bengaluru vide judgment and award dated 07.04.2017 in
MVC No.5454/2015.
2. The factum of accident and death of deceased are
not in dispute.
3. Heard the arguments of both sides and perused
the records.
4. The Tribunal has not adopted correct parameters
while determining the compensation. Therefore, the
judgment and award needs modification.
NC: 2024:KHC:725
5. In the present case, the deceased met with an
accident on 08.02.2015 and he was aged 50 years at the
time of accident and was doing agricultural work. The
Tribunal has taken the notional income of the deceased at
Rs.7,000/- per month. As per the provisions of KSLSA, the
notional income is ought to be taken at Rs.9,000/- and 25%
is ought to be added towards future prospects. The
claimants being wife, mother and son, 1/3rd has to be
deducted towards his 'personal expenses'. The appropriate
multiplier applicable is '13'. Therefore, 'loss of dependency'
is reassessed and quantified as under:
Rs.9,000/- + 25% (Rs.2,250/-) = Rs.11,250/-
Rs.11,250/- x 12 x 13 x 2/3rd = Rs.11,70,000/-
6. The Tribunal has awarded compensation of
Rs.1,50,000/- towards 'loss of love and affection' to
petitioner Nos.1 to 3 and compensation of Rs.50,000/- to
petitioner No.1 under the head 'loss of consortium'. As per
the judgment of Hon'ble Supreme Court in the case of
MAGMA GENERAL INSURANCE CO. LIMITED V. NANU
NC: 2024:KHC:725
RAM & OTHERS1, each claimant is entitled for Rs.40,000/-
towards 'loss of consortium'. In the present case, there are
three dependants. Therefore, compensation of
Rs.1,32,000/- [Rs.40,000/- x 3 dependants + 10%
escalation) is awarded under the head 'loss of consortium
including love and affection' as against the compensation
awarded by the Tribunal.
7. The compensation of Rs.16,500/- is awarded
towards 'funeral expenses and transportation of dead body'
as against compensation of Rs.25,000/- awarded by the
Tribunal.
8. The compensation of Rs.16,500/- is awarded
towards 'loss of estate' as against compensation of
Rs.60,000/- awarded by the Tribunal.
2018 ACJ 2782
NC: 2024:KHC:725
9. The Tribunal has awarded compensation of
Rs.2,72,000/- towards 'medical expenses' based on the
medical bills produced by the claimants, which is correct and
needs no interference.
10. 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. 7,28,000/- 11,70,000/-
2 Loss of love and
affection Rs. 1,50,000/- 1,32,000/-
3 Loss of estate Rs. 60,000/- 16,500/-
4 Funeral expenses and
transportation of dead
body Rs. 25,000/- 16,500/-
5 Loss of consortium Rs. 50,000/- --
5 Medical expenses Rs. 2,72,000 2,72,000/-
TOTAL Rs. 12,85,000/- 16,07,000/-
11. The Tribunal has awarded compensation of
Rs.12,85,000/-, but the appellants/claimants are entitled to
total compensation of Rs.16,07,000/-. Hence, the
appellants/claimants are entitled to enhanced compensation
of Rs.3,22,000/- (Rs.16,07,000/- - Rs.12,85,000/-).
Therefore, the appellants/claimants are entitled to enhanced
compensation of Rs.3,22,000/- along with interest at the
NC: 2024:KHC:725
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.
12. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
07.04.2017 in MVC No.5454/2015 passed
by the MACT, Bengaluru, is modified to
the extent that appellants/claimants are
entitled to enhanced compensation of
Rs.3,22,000/- 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
