Karnataka High Court
Sri Kantharaju vs National Insurance Co Ltd on 5 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:19303
MFA No. 7716 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 7716 OF 2018 (MV-D)
BETWEEN:
1. SRI KANTHARAJU
S/O LATE PUTTANNA
AGED ABOUT 56 YEARS.
2. SMT PUTTAMMA
W/O KANTHARAJU
AGED ABOUT 51 YEARS.
BOTH ARE R/AT NO.2139, 27TH WARD
ROJIPURA, DODDABALLAURA TALUK
BENGALURU RURAL DISTRICT.
...APPELLANTS
(BY SRI SHIVAKUMAR P, ADV.)
Digitally signed by B
K
MAHENDRAKUMAR
AND:
Location: HIGH
COURT OF
KARNATAKA 1. NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE
SUBHARAM COMPLEX
M.G.ROAD, BENGALURU - 560 001
REP. BY ITS MANAGER.
2. SRI SHIVAKUMAR R.V
S/O VEERABHADRAIAH
NO.2497, ROJIPURA
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT
PIN - 562 123.
...RESPONDENTS
-2-
NC: 2024:KHC:19303
MFA No. 7716 of 2018
(BY SRI K. SRIDHARA, ADV., FOR R-1;
V/O DTD:20.02.2019 NOTICE TO R-2 IS
DISPENCED WITH )
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED19.06.2018 PASSED IN MVC
NO.5071/2017 ON THE FILE OF THE 9TH ADDITIONAL SMALL
CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES,
MEMBER, MACT, BENGALURU, (SCCH-7), 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 by the claimants is filed under Section
173(1) of the Motor Vehicles Act challenging the award
dated 19th June 2018 passed by the IX Addl. Small Causes
Judge & XXXIV ACMM, Court of Small Causes and Member,
MACT-7, Bangalore in MVC No.5071/2017.
2. The appellants filed a claim petition under Section
166 of the Motor Vehicles Act stating that their son who
was pillion rider succumbed to the injuries in a road traffic
accident on 7.5.2017 due to the rash and negligent driving
by the rider of the bike.
NC: 2024:KHC:19303
3. The Tribunal assessing the income of the deceased
at Rs.6,300/- awarded compensation amount of
Rs.13,60,800/- towards 'loss of dependency' and an
amount of Rs.15,000/- each towards 'loss of estate' and
'funeral expenses'. Taking exception to the same, the
claimants are in appeal for enhancement of compensation.
4. Heard learned counsel for the appellants/claimants
and learned counsel for the respondent/insurance
company.
5. Admittedly, the deceased was aged 25 years as on
the date of the accident and the appropriate multiplier
would be '18'. In the absence of proof of income, the
notional income of the deceased is assessed at
Rs.11,000/- per month as per the chart issued by the High
Court Legal Services Committee, as against Rs.6,300/- per
month taken by the Tribunal. The Tribunal rightly added
40% towards future prospects and deducted 50% towards
personal expenses. The Tribunal has not awarded any
compensation towards 'loss of consortium'.
NC: 2024:KHC:19303
6. In view of the above, appellants/claimants are
held entitled to compensation as mentioned in the table
below:
Sl. Head of compensation Amount of
No. compensation
awarded
1 Loss of dependency
(Rs.11,000 + 40% - 50%) x Rs.16,63,200-00
12 x 18
2 Loss of consortium Rs. 80,000-00
3 Loss of estate Rs. 15,000-00
3 Funeral expenses Rs. 15,000-00
Total Rs.17,73,200-00
7. Accordingly, I pass the following:
ORDER
i) The appeal is allowed in part.
ii) The appellants/claimants are held entitled to
total compensation of Rs.17,73,200/-
(Rupees seventeen lakhs seventy-three
thousand two hundred only) as against
Rs.13,90,800/- awarded by the Tribunal.
NC: 2024:KHC:19303
iii) The enhanced compensation shall carry
interest at the rate of 6% per annum from the
date of petition till the actual realization.
iv) The respondent - insurance company shall
deposit the enhanced compensation with
interest within three months from the date of
receipt of certified copy of the judgment.
v) The impugned award is modified to the above
extent.
vi) All other terms and conditions stipulated by
the tribunal shall stand intact.
Sd/-
JUDGE
GSS
CT:DN
