Karnataka High Court
Smt Mayavvagouli vs Reliance General Insurance Company Ltd on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25370
MFA No. 2099 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 2099 OF 2019 (MV-D)
BETWEEN:
1. SMT. MAYAVVA GOULI,
AGED ABOUT 53 YEARS,
W/O LATE RAMANNA,
2. SRI. DURGAPPA RAMANNAGOULI,
AGED ABOUT 36 YEARS,
S/O LATE RAMANNA,
3. SMT. GAALVVA SULLA,
AGED ABOUT 31 YEARS,
D/O LATE RAMANNA
4. SMT. SHAILAVA A HAVERI,
AGED ABOUT 28 YEARS,
D/O LATE RAMANNA,
5. SRI. GANGAPA,
Digitally signed by B AGED ABOUT 25 YEARS,
K S/O LATE RAMANNA,
MAHENDRAKUMAR
Location: HIGH
COURT OF 6. KUM. MEENAKSHIRAMANNA GOULI,
KARNATAKA AGED ABOUT 17 YEARS,
D/O LATE RAMANNA.
ALL ARE R/AT GANDHINAGAR,
KUNCHIKORAVARONI SHIGLI,
GADAG, SHIGLI, KARNATAKA - 582 210.
APPELLANT NO.6 IS MINOR REPRESENT
BY 1ST APPELLANT HER MOTHER
AS NATURAL GUARDIAN.
...APPELLANTS
(BY SRI. PRASAD B.S, ADVOCATE)
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NC: 2024:KHC:25370
MFA No. 2099 of 2019
AND:
1. RELIANCE GENERAL INSURANCE COMPANY LTD.,
REGIONAL OFFICE NO.28,
5TH FLOOR, CENTENARY BUILDING,
M.G. ROAD, BANGALORE - 560 001.
2. MR. GOVINDARAJU,
S/O YELLAPPA,
R/AT NEAR VINAYAKA TEMPLE,
VINAYAKANAGAR, NELMANGALA,
BANGALORE - 562 123.
...RESPONDENTS
(R1, R4 AND R5 ARE SERVED AND UNREPRESENTED;
R2 AND R3 MINORS REPRESENTED BY R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.01.2018 PASSED IN MVC
NO.2612/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF
SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of
The Indian Motor Vehicles Act, challenging the judgment and
award dated 23.01.2018 passed by the III Additional Judge and
MACT, Bengaluru in MVC No. 2612/2018.
2. The appellants - claimants filed the claim petition
under Section 166 of the Motor Vehicles Act, seeking just and
proper compensation on account of the death of Ramanna, who
succumbed to injuries in a road traffic accident on 16.03.2018. The
Tribunal granted a total compensation of Rs.9,06,700/- with interest
NC: 2024:KHC:25370
at the rate of 8% p.a. from the date of the petition till the date of
deposit. The claimants are in appeal seeking enhancement of the
compensation.
3. Heard learned counsel for the parties and perused the
trial court records.
4. The death of Ramanna in a road traffic accident on
16.03.2018 is not disputed, and as of the date of the accident, he
was 58 years old. In the absence of proof of income, the notional
income of the deceased is assessed at Rs.12,500 as per the chart
prepared by the Karnataka Legal Aid Services Authority, as
opposed to Rs.8,000 assessed by the Tribunal. Adding 10%
towards future expenses and deducting 1/3rd towards personal
expenses, the income of the deceased is assessed at
Rs.9,90,036/-.
5. Additionally, the claimants are entitled to compensation
of Rs.40,000/- each towards 'Loss of Consortium' and 'Loss of
Estate,' which is just and proper and thus retained. The claimants,
in total, are entitled to a compensation of Rs.12,60,036/- as
opposed to Rs.9,06,700/- awarded by the Tribunal.
6. The compensation amount awarded by the Tribunal is
reassessed as follows:
As awarded by High Court TOTAL
Compensation under the Tribunal enhancement compensation
different Heads (Rs.)
Loss of dependency 6,33,700 3,56,336 9,90,036
Loss of consortium 2,40,000 2,40,000
NC: 2024:KHC:25370
Loss of estate 15,000 15,000
Transportation & funeral 15,000 15,000
expenses
Total 7,64,000 3,56,336 12,60,036
7. The enhanced compensation amount of Rs.3,56,336/-
shall carry interest at the rate of 6% p.a. from the date of petition till
actual realization.
8. The entire enhancement compensation amount to be
released in favour of the claimants.
To this extent, the impugned judgment and award stands
modified.
Sd/-
JUDGE
DHA
