Karnataka High Court
Smt I K Yashodha vs Sri Kemparaju C S on 31 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30450
MFA No. 806 of 2023
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. 806 OF 2023 (MV-D)
BETWEEN:
1. SMT. I.K. YASHODHA
D/O LATE B.U. YATHEESH
AGED ABOUT 38 YEARS
2. BABY VARSHINI
D/O LATE B.U. YATHEESH
AGED ABOUT 13 YEARS
SINCE MINOR REPRESENTED BY
HER NATURAL GUARDIAN AND
MOTHER SMT. I.K. YASHODA
W/O LATE B.U. YATHEESH
BOTH ARE RESIDING AT NO.201
GANGAPPA BUILDING
CHOKKASANDRA
Digitally signed T.DASARAHALLI
by SHAKAMBARI BENGALURU-560 057.
Location: HIGH
COURT OF
KARNATAKA 3. SRI. B.M. UMASHANKARARADHYA
S/O LATE DAKSHINAMURTHI
AGED ABOUT 70 YEARS
4. SMT. G.B. CANDRAMMA
W/O B.U. UMESAHNKARARASHYA
AGED ABOUT 65 YEARS
APPELLANT NOS. 3 AND 4
RESIDING AT DODDABUKKASAGARA VILLAGE
BISALEHALLI POST
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NC: 2024:KHC:30450
MFA No. 806 of 2023
KADUR TALUK
CHIKKAMAGALURU DISTRICT.
...APPELLANTS
(BY SRI. SATHISHA T, ADVOCATE)
AND:
1. SRI. KEMPARAJU C.S
S/O SIDDAGANGAIAH
MAJOR
R/AT NO.56, NEAR MARUTHI TEMPLE
KENGAL KEMPONAHALLI
SOMAPURA HOBLI
BENGALURU RURAL DISTRICT-562 111
2. THE REGIONAL MANAGER
THE NEW INDIA ASSURANCE
COMPANY LTD.,
REGIONAL OFFICE
1ST FLOOR, MAHALAKSHMI CHAMBER
NEAR TRINITY CIRCLE
M.G.ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. P.B. RAJU, ADVOCATE FOR R2;
R1- SERVICE OF NOTICE IS DISPENSED
WITH VIDE COURT ORDER DT. 03.02.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.08.2022 PASSED IN MVC
NO. 2159/2020 ON THE FILE OF THE III ADDITIONAL JUDGE
AND MEMBER, MACT, 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,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
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NC: 2024:KHC:30450
MFA No. 806 of 2023
ORAL JUDGMENT
This appeal is preferred by appellant-claimants
challenging the judgment and award dated 25.08.2022
passed in MVC No.2159/2020 by the III Addl. Judge and
Member, MACT, Court of Small Causes, Bengaluru. This
appeal is founded on the premise of inadequate
compensation awarded by the Tribunal.
2. The parties to this appeal are described as per
their status before the Tribunal.
3. The facts of the case, occurrence of the accident,
involvement of the vehicle, death having occurred due to
the accident though disputed have been proved by
production of Ex.P1 to P11. Negligence is rightly
attributed against the driver of the offending vehicle.
4. The appellant is aggrieved by non-awarding of
compensation towards `Loss of Consortium' to appellants
nos. 2, 3 and 4 who are none other than minor daughter
and parents of the deceased. The Tribunal, while awarding
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compensation, has awarded consortium to the first
claimant i.e. unfortunate wife but, has not awarded
compensation under the head `loss of consortium' to
claimants 2, 3 and 4. In view of the judgment in the case
of National Insurance Company Limited -vs-
Pranay Sethi and others reported in (2017)16 SCC
680, each of the dependents are entitled for Rs.40,000/-
totaling to Rs.1,20,000/- with 10% escalation i.e.
Rs.1,32,000/-. Under the circumstances, he seeks this
Court to award compensation under the head `Loss of
Consortium' to claimant 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 does not dispute the law laid down by
the Hon'ble Apex Court contending that claimant nos. 3
and 4 are aged parents and they were depending upon
their deceased son. Hence, they would be entitled for
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consortium. The compensation awarded under other heads
is not questioned by the appellant. Accordingly, I am in
agreement with the learned counsel for the appellant that
the loss of consortium requires to be awarded to claimant
nos. 2,3 and 4.
6. In view of the above discussions, the claimants
would be entitled to enhanced compensation. Hence, I
pass the following:
ORDER
i) The appeal is allowed in-part.
ii) The impugned Judgment & Award dated
25.08.2022 passed in MVC No.2159/2020 by
the III Addl. Judge and Member, MACT, Court
of Small Causes, Bengaluru, is modified.
iii) The appellants/claimants would be entitled
to a total compensation of Rs.54,54,080/-
as against Rs.53,26,089/- awarded by the
Tribunal along with interest at 6% per
annum.
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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 a copy of this judgment.
v) The compensation amount shall be
released in favour of appellants-claimants
as per the terms of the Tribunal by
Electronic transfer to the claimants upon
furnishing the required bank details/upon
proper identification.
vi) All other terms and conditions stipulated
by the Tribunal shall remain intact.
The Registry is directed to transmit the original
records to the jurisdictional Tribunal forthwith.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
SK
