The Branch Manager vs Varalakshmi
2024 Latest Caselaw 12837 Kant

Karnataka High Court

The Branch Manager vs Varalakshmi on 7 June, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                     -1-
                                                                NC: 2024:KHC:19924
                                                             MFA No. 3902 of 2018




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 7TH DAY OF JUNE, 2024

                                                  BEFORE
                             THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                         MISCELLANEOUS FIRST APPEAL NO. 3902 OF 2018 (MV-D)
                        BETWEEN:

                              THE BRANCH MANAGER
                              M/S ORIENTAL INSURANCE COMPANY LTD
                              OFFICE AT NO 124, OMKAR NAGARAJ
                              ARAKERE, MICRO LAYOUT
                              BANNERUGHATTA MAIN ROAD,
                              BENGALURU - 76

                             NOW REPRESENTED BY ITS DEPUTY MANAGER
                             M/S ORIENTAL INSURANCE COMPANY LTD
                             TP HUB, REGIONAL OFFICE, LEO SHOPPING COMPLEX,
                             NO 44/45, RESIDENCY ROAD, BANGALORE - 560 025.
                                                                      ...APPELLANT
                        (BY SRI. LAXMINARASAPPA, ADVOCATE FOR
                            SRI. A M VENKATESH, ADVOCATE)

                        AND:
Digitally signed by B
K
MAHENDRAKUMAR           1.    VARALAKSHMI
Location: HIGH                W/O LATE UMESHA
COURT OF
KARNATAKA                     AGED ABOUT 23 YEARS.

                        2.    CHIRAYU
                              S/O LATE UMESHA
                              AGED ABOUT 4 YEARS.
                              (SINCE THE 2ND RESPONDENT IS MINOR
                               AND REP BY NATURAL GUARDIAN AND 1ST
                               RESPONDENT)

                        3.    ROOPA @ JYOTHI
                              D/O LATE VENKATESHA
                              AGED ABOUT 23 YEARS.
                                -2-
                                              NC: 2024:KHC:19924
                                           MFA No. 3902 of 2018




     ALL ARE R/AT KEBBEDODDI VILLAGE,
     HAROHALLI HOBLI, KANAKAPURA TALUK
     RAMANAGARA DISTRICT.

     3RD PETITONER PREVIOUSLY R/AT
     NO. 3641, 13TH CROSS, 15TH 'F' BUS STOP,
     KUMARASWAMY LAYOUT, J.P. NAGAR,
     BANGALURU-78.

4.   RAMESH
     S/O LATE VENKATESHA
     MAJOR, NO 30, PUTTENAHALLI,
     J P NAGAR, 6TH PHASE
     BENGALURU - 78
                                            ...RESPONDENTS
(BY SMT. NITHYA V, ADVOCATE FOR
    SRI. PRAKASH M H, ADVOCATE FOR R1 TO R3
    V/O DATED 04.12.23 NOTICE TO R4 IS D/W)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST
THE JUDGMENT AND AWARD DATED 17.03.2018 PASSED IN MVC
NO.167/2017 ON THE FILE OF THE III ADDITIONAL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-18),
AWARDING COMPENSATION OF RS.19,73,300/- WITH INTEREST AT
9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

The respondents herein filed claim petition under Section 166 of the M.V. Act, claiming just and proper compensation for the death of Umesha son of late Venkatesha who succumbed to the accidental injuries on 4.12.2016. The Tribunal awarded total compensation of Rs.19,73,300/- with interest @ 9% p.a. from the date of petition till the date of deposit. Taking exception of the same, this appeal is filed by the appellant-Insurance company.

NC: 2024:KHC:19924

2. Learned counsel for the appellant submits that, in the absence of notional income, the Tribunal has assessed the income of the deceased at Rs.10,500/- p.m. instead of Rs.9,500/- p.m., and also the rate of interest 9% awarded by the Tribunal is on the higher side.

3. The learned counsel for the respondents submits that the Tribunal has awarded Rs.40,000/- towards loss of consortium instead of Rs.1,20,000/-, and therefore, the compensation awarded by the Tribunal is just and proper.

4. Considered the submissions made by the learned counsel for the parties.

5. The accident is of the year 2016, and the deceased was aged 27 years at the time of the accident. In the absence of the proof of income, the Tribunal ought to have assessed the income of the deceased at Rs.9,500/- p.m. instead of Rs.10,500/- p.m. as per the chart prepared by the Karnataka State Legal Aid Services Authority.

6. The Tribunal has awarded a sum of Rs.40,000/- towards loss of consortium instead of Rs.40,000/- to each of the claimant-dependants which comes to Rs.1,20,000/- as against Rs.40,000/- awarded by the Tribunal. Therefore, the Compensation awarded by the Tribunal is just and proper. However, the Tribunal has awarded interest @ of 9% p.a., and in my view, it is on the higher side, and the same is reduced to 6% p.a.

NC: 2024:KHC:19924

7. The respondents-claimants are entitled for total compensation of Rs.19,73,300/- with interest @ of 6% p.a., from the date of petition till actual deposit.

8. To this extent, the impugned award passed stands modified. Amount in deposit if any, to be transmitted to the Jurisdictional Tribunal forthwith.

9. Accordingly, the appeal is disposed of.

Sd/-

JUDGE

HR