Karnataka High Court
N Govindappa vs Reliance General Insurance Co Ltd on 6 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:19758
MFA No. 3589 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3589 OF 2019 (MV-D)
BETWEEN:
1. N GOVINDAPPA
S/O V NARASAPPA,
NOW AGED ABOUT 51 YEARS,
2. MR. ABHISHEK
S/O GOVINDAPPA,
NOW AGED ABOUT 21 YEARS,
3. MAST. YESHWANTH KUMAR G
S/O GOVINDAPPA N,
NOW AGED ABOUT 12 YEARS,
ALL ARE RESIDING AT
NO.77, THIPPENAHALLI VILLAGE,
CHIKKABALLAPURA TALUK,
Digitally signed by B CHIKKABALLAPURA-562 103.
K
MAHENDRAKUMAR
...APPELLANTS
Location: HIGH (BY SRI. N.R. RANGEGOWDA, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. RELIANCE GENERAL INSURANCE CO LTD
NO.28, 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M G ROAD,
BANGALORE-560 001.
2. MR. KISHORE
NO.77, THIPPENAHALLI VILLAGE,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA-562 101.
...RESPONDENTS
-2-
NC: 2024:KHC:19758
MFA No. 3589 of 2019
(BY SRI. ASHOK N PATIL, ADVOCATE FOR R1;
V/O DATED 29.05.2024 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.01.2019 PASSED IN MVC
NO.1092/2018 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & MEMBER, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act,
1988 is filed challenging the award dated 28.1.2019 in MVC
No.1092/2018 passed by the Motor Accident Claims Tribunal and
Court of Small Causes, Bangalore.
2. The appellants filed a claim petition under Section 166
of the MV Act claiming just and proper compensation for the death
of Bhagyamma, who succumbed to the accidental injuries on
30.1.2018. The Tribunal awarded compensation of Rs.9,10,000/-
with interest at the rate of 8% p.a. The claimants are in appeal
seeking enhancement of compensation.
3. Heard the learned counsel for the appellants and the
learned counsel for the respondent No.1.
4. The accident is not in dispute, and as on the date of
accident, the deceased was aged 42 years, and was working as
tailor by avocation. In the absence of proof of income, notional
income of the deceased is assessed at Rs.12,500/- as per the chart
prepared by the Legal Aid Services Authority against Rs.6,000/-
NC: 2024:KHC:19758
assessed by the Tribunal. After deducting 1/3rd towards personal
expenses, and after adding 25% towards loss of future prospector,
the income of the deceased is assessed at Rs.10,417/-. The
compensation awarded by the Tribunal is re-determined as follows:
Loss of dependency Rs.17,50,000/-
(10,417x12x14)
Loss of consortium Rs.1,20,000/-
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
Total Rs.19,00,000/-
5. The claimants are entitled for total compensation of
Rs.19,00,000/- as against Rs.9,10,000/- awarded by the Tribunal.
The enhanced compensation of Rs.9,90,000/- shall carry interest at
the rate of 6% p.a. from the date of petition till actual realization. To
this extent, the impugned award stands modified.
6. The respondent - Insurance Company to deposit the
enhanced compensation of Rs.9,90,000/- with interest at 6% p.a.
within a period of three from the date of receipt of certified copy of
this order.
7. Appeal is allowed in part.
Sd/-
JUDGE
BKM
