Karnataka High Court
Smt. Bharathi vs Smt. Chikkamma on 31 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2024:KHC:30171
MFA No. 6819 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 6819 OF 2021 (MV-D)
BETWEEN:
1. SMT. BHARATHI
W/O LATE SEENAPPA @ SREENIVASA
AGED ABOUT 39 YEARS
2. VANDANA S
D/O LATE SEENAPPA @ SREENIVASA
AGED ABOUT 21 YEARS
3. APPAJI G.S
S/O LATE SEENAPPA @ SREENIVASA
AGED ABOUT 18 YEARS
4. SMT. VENKATAMMA
W/O LATE VENKATACHALAPPA
AGED ABOUT 73 YEARS
Digitally signed by
ALL ARE RESIDENTS OF
SHAKAMBARI GIRIYAMMANAPALYA VILLAGE
Location: HIGH
COURT OF HOSAKERE POST
KARNATAKA MEDIGESHI HOBLI
MADHUGIRI TALUK
TUMAKURU DISTRICT
...APPELLANTS
(BY SRI. SATHISHA T, ADVOCATE)
AND:
1. SMT. CHIKKAMMA
W/O CHIKKANNA
AGED ABOUT 48 YEARS
-2-
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MFA No. 6819 of 2021
RESIDING AT PADASALAHATTI
VILLAGE, HOSAKERE POST
MEDIGESHI HOBLI
MADHURIGI TALUK
TUMAKURU DISTRICT-572 101.
2. THE MANAGER
IFFCO TOKIO GENERAL
INSURANCE COMPANY LTD
MBAV MANSION
1ST FLOOR, 3RD CROSS
M.R.ROAD
ABOVE UCO BANK
GENERAL KARIYAPPA ROAD
TUMAKURU
NOW REPRESENTED BY
THE MANAGER
IFFCO TOKIO GENERAL INSURANCE
COMPANY LTD
SHRI SHANTHI TOWER
5TH FLOOR, NO.141, 3RD MAIN ROAD
NGEF LAYOUT, EAST KASTHURINAGAR
BENGALURU-560 043.
...RESPONDENTS
(BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED VIDE ORDER 31.07.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.10.2021 PASSED IN MVC
NO.1218/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT
JUDGE AND MACT, TUMAKURU-MADHUGIRI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
-3-
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MFA No. 6819 of 2021
ORAL JUDGMENT
This appeal is preferred by appellant-claimants
challenging the judgment and award dated 11.10.2021
passed in MVC No.1218/2018 by the IV Addl.District Judge
and MACT, Tumakuru-Madhugiri. This appeal is founded on
the premise of inadequate compensation awarded by the
Tribunal.
2. The parties to this appeal are referred to as per
their status before the Tribunal.
3. Heard the arguments of learned counsel for the
parties and perused the materials placed before the Court.
The Tribunal has awarded a total compensation of
Rs.20,76,000/- along with interest at 6% p.a. and
directed the Insurance Company - respondent no.2 to
deposit the compensation within two months from the date
of award.
4. It is vehement contention of the learned counsel
for the claimants that the judgment rendered by the
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Tribunal is erroneous as the Tribunal has failed to assess
the correct income of the deceased and also the Tribunal
has failed to award consortium to claimants nos. 2, 3, and
4. On these grounds, he seeks to re-assess the income,
enhance and award the same and prayed to enhance the
total compensation consequently.
5. Per contra, learned counsel representing the
Insurance Company vehemently contends that judgment
and award passed by the Tribunal does not call for
interference. He contends, in fact, the Tribunal has
awarded excess compensation under the head
`Transportation Expenses', `Funeral Expenses', and also
`Loss of Estate' thereby awarding an additional amount to
an extent of Rs.15,000/-.
6. I have given my thoughtful consideration to the
arguments advanced by the learned counsel for the parties
and perused the material on record.
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7. Having heard learned counsel for the parties and
on perusal of the material on record, it is seen that the
claimants have produced the documents as per Ex.P1 to
Ex.P9, out of which Ex.P1 to Ex.P3 are the police records,
which clearly depict registration of the FIR and filing of the
charge sheet against driver of the offending vehicle and
same has not been challenged or controverted.
Therefore, the Tribunal rightly attributed the negligence
against driver of the offending vehicle.
8. Now coming to the aspect of age, avocation and
income of the deceased, no material is placed before the
Court with regard to proof of income. In the absence of
the same, the Tribunal has taken the income of the
deceased to be Rs.10,000/- per month, whereas the Legal
Services Authority chart prescribes the notional income at
Rs.12,500/- per month for the accident of the year 2018.
Accordingly, Rs.12,500/-p.m. is taken as income in the
present case. The Tribunal rightly added 40% towards
future prospects and deducted 1/4th towards personal
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living expenses which does not call for interference. The
deceased was aged 38 years as on the date of accident
and the appropriate multiplier would be 15. Therefore,
loss of dependency would be Rs.23,62,500/-.
9. The deceased left behind 4 dependants i.e., wife,
children and mother and the Tribunal has awarded meager
compensation of Rs.44,000/- towards loss of consortium.
As held by the Hon'ble Supreme Court in the case of
National Insurance Company Limited -vs- Pranay
Sethi and others reported in (2017)16 SCC 680,
each of the dependant claimants would be entitled to
Rs.40,000/- and there being 4 dependants,
Rs.160,000/- (Rs.40,000/- x 4) is awarded towards
loss of consortium. As per the decision of the Hon'ble
Supreme Court in the case of Pranay Sethi, 10%
escalation for one block period on the same is to be
awarded, which would come to Rs.16,000/-. In all, the
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claimants would be entitled to Rs.1,76,000/- under this
head.
10. The Tribunal awarded Rs.15,000/- towards loss
of estate and Rs.15,000/- towards funeral expenses, in all
Rs.30,000/-, which do not call for interference. However,
as per the aforesaid decision, 10% escalation for one block
on the same is to be awarded under this head, which
would come to Rs.33,000/- (Rs.30,000/- plus 10%).
11. In view of the above discussions, the claimants
would be entitled to a total compensation of
Rs.25,71,500/- as against Rs.20,76,000/- awarded by the
Tribunal as per the table mentioned herein below:
Sl. Heads Amount
No. (in Rs.)
1. Loss of Dependency 23,62,560-00
2. Funeral Expenses 16,500-00
3. Loss of Consortium 1,76,000-00
(Rs.44,000 x 4)
4. Loss of Estate 16,500-00
TOTAL 25,71,560-00
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12. Accordingly, I pass the following:
ORDER
i) The appeal is allowed in part.
ii) The impugned Judgment & Award dated
11.10.2021 passed by the Tribunal in MVC
No.1218/2018, is modified.
iii) The appellants/claimants would be entitled
to a total compensation of Rs.25,71,560/-
as against Rs.20,76,000/- awarded by the
Tribunal alongwith interest at 6% per
annum.
iv) The enhanced compensation amount shall
be paid with interest at 6% per annum by
the respondent - Insurance Company
within a period of four weeks from the
date of receipt of copy of this judgment.
v) The compensation amount shall be
released in favour of the appellants-
claimants as per the terms of the Tribunal
by Electronic transfer to the claimants
upon furnishing the required bank
details/upon proper identification.
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vi) All other terms and conditions stipulated
by the Tribunal shall stand intact.
The Registry is directed to transmit the original records to
the jurisdictional Tribunal forthwith.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
SK
