Karnataka High Court
C V Krishnamurthy vs Reliance General Ins Co Ltd on 10 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:20242
MFA No. 2759 of 2018
C/W MFA No. 2758 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 2759 OF 2018 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2758 OF 2018 (MV-I)
IN MISCELLANEOUS FIRST APPEAL NO. 2759 OF 2018:
BETWEEN:
1. C V KRISHNAMURTHY
S/O LATE VENKATASUBBAIAH D,
NOW AGED ABOUT 58 YEARS.
2. UMA K
D/O.C.V.KRISHNAMURTHY,
NOW AGED ABOUT 32 YEARS,
BOTH ARE RESIDING AT NO.24,
1ST CROSS, NEAR SARKARI SCHOOL,
MAHADESHWARA NAGAR,
HEROHALLI CROSS, VISWANEEDAM,
BANGALORE-560 091.
...APPELLANTS
(BY SRI. RANGEGOWDA N R, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR AND:
Location: HIGH
COURT OF
KARNATAKA
1. RELIANCE GENERAL INS CO LTD
NO.28, 5TH FLOOR, EAST WIGN,
CENTENARY BUIDLING, M.G.ROAD,
BANGALORE-560 001.
2. SRI. YOGESH MARIYAPPA
JNY CONSTRUCTION,
NO.56/191 H, BEML LAYOUT,
3RD STAGE, 9TH MAIN, 8TH CROSS,
RAJARAJESHWARI NAGAR,
BANGALORE-560 098.
...RESPONDENTS
(BY SRI. B PRADEEP, ADVOCATE FOR R1
V/O/D 6.12.2023, NOTICE TO R2 IS D/W)
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NC: 2024:KHC:20242
MFA No. 2759 of 2018
C/W MFA No. 2758 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF THE INDIAN
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 13.11.2017 PASSED IN MVC NO. 3948/2016 ON THE FILE OF
THE 8TH ADDITIONAL SMALL CAUSE JUDGE & 33RD ACMM,
MEMBER, MACT, (SCCH-5), BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO. 2758 OF 2018:
BETWEEN:
C V KRISHNAMURTHY
S/O LATE VENKATASUBBAIAH D,
NOW AGED ABOUT 58 YEARS,
RESIDING AT NO.24, 1ST CROSS,
NEAR SARKARI SCHOOL,
MAHADESHWARA NAGAR,
HEROHALLI CROSS, VISWANEEDAM,
BANGALORE-560 091.
...APPELLANT
(BY SRI. RANGE GOWDA N R, ADVOCATE)
AND:
1. RELIANCE GENERAL INS CO LTD
NO.28, 5TH FLOOR, EAST WING,
CENTENARY BUILDING, M.G.ROAD,
BANGALORE-560 001.
2. SRI. YOGESH MARIYAPPA
JNY CONSTRUCTIONS,
NO.56/191 H, BEML LAYOUT,
3RD STAGE, 9TH MAIN, 8TH CROSS,
RAJARAJESHWARI NAGAR,
BANGALORE-560 098.
...RESPONDENTS
(BY SRI. PRADEEP B, ADVOCATE FOR R1
V/O/D 6.12.2023, NOTICE TO R2 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE INDIA MV
ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2017
PASSED IN MVC NO.3949/2016 ON THE FILE OF THE 8TH
ADDITIONAL SMALL CAUSE JUDGE & 33RD ACMM, MEMBER, MACT,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
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NC: 2024:KHC:20242
MFA No. 2759 of 2018
C/W MFA No. 2758 of 2018
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals under Section 173(1) of the Indian Motor
Vehicles Act have been filed by the claimants challenging the
judgment and award dated November 13, 2017, passed by the VIII
Additional Small Causes Judge and Motor Accident Claims
Tribunal (MACT), Bangalore, in MVC Nos. 3948 and 3949/2016.
2. The claim petitions were filed under Section 166 of the
Motor Vehicles Act, 1989, seeking just and proper compensation. It
was stated that Smt. Lalitha @ Lalithamurthy, the wife of C.V.
Krishnamurthy and mother of Smt. Uma K., succumbed to injuries
sustained in an accident on April 27, 2016, due to the rash and
negligent driving of the driver of a Mahindra car insured by the
respondent-Insurance company.
3. The occurrence of the accident was not disputed by
the owner, driver, or insurance company. The learned Tribunal
awarded total compensation of Rs.7,51,000 to the claimants in
MVC No. 3948/2016, and global compensation of Rs.1,00,000 to
the claimant in MVC No. 3949/2016 for the injuries sustained.
Taking exception to the awarded amounts, the claimants have
appealed, seeking an enhancement of the compensation.
NC: 2024:KHC:20242
4. After hearing the learned counsel for the parties and
perusing the materials on record, it is evident that on April 27,
2016, when the claimant No. 1 in MVC No. 3948/2016 and the sole
claimant in MVC No. 3949/2016 were walking with his wife
(claimant No. 1 in MVC No. 3948/2016), the driver of the offending
car drove in a rash and negligent manner, striking the wife of
claimant No. 1 and the mother of claimant No. 2 in MVC No.
3948/2016. She succumbed to the injuries from the accident, and
the claimant in MVC No. 3949/2016 also sustained injuries.
5. The Tribunal erroneously held that the daughter was
not dependent on the deceased and deducted 50% of the
deceased's income towards personal expenses on this basis. This
finding lacks any substantive evidence, as no material was
presented to prove that the adult daughter was not dependent on
the deceased for her livelihood. Therefore, the compensation
awarded by the Tribunal in MVC No. 3948/2016 requires
reassessment.
6. In the absence of proof of income, the notional income
of the deceased is to be taken at Rs.9,500 per month, according to
the chart prepared by the Karnataka Legal Services Authority. After
adding 10% towards loss of future prospects, this amounts to
Rs.10,450. After deducting one-third towards personal expenses,
the income of the deceased is assessed at Rs.6,967. By applying a
multiplier of 11, the compensation towards loss of dependency
NC: 2024:KHC:20242
totals Rs.9,19,600 (6,967 x 12 x 11) as against the Rs. 5,81,000
awarded by the Tribunal.
7. The claimants-appellants are entitled to Rs.40,000
each towards loss of consortium, totaling Rs.80,000, and Rs.
30,000 towards loss of estate and funeral expenses. Therefore,
they are entitled to a total sum of Rs.10,29,600 as against the
Rs.7,51,000 awarded by the Tribunal.
8. The claimants-appellants in MVC No. 3948/2016 are
thus entitled to an enhanced compensation of Rs.2,78,600 at an
interest rate of 6% per annum from the date of the petition until
realization.
9. In MVC No. 3949/2016, the claimant sustained a
fracture of the right clavicle, as evidenced by the wound certificate
at Exhibit P.10. The claimant was an inpatient for six days.
However, the claimant did not examine the doctor who assessed
the permanent disability. Considering the nature of the injuries and
the inpatient period, the claimant is entitled to an additional
compensation of Rs.30,000, making a total of Rs.1,30,000 as
against the Rs.1,00,000 awarded by the Tribunal.
10. The appellant-claimants in MVC No. 3948/2016 are
entitled to a total compensation of Rs.10,29,600 as against the
Rs.7,51,000 awarded by the Tribunal. The enhanced compensation
amount of Rs.2,78,600 shall carry an interest rate of 6% per annum
from the date of the petition until realization.
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11. The claimant in MVC No. 3949/2016 is entitled to a
total compensation of Rs.1,30,000 as against the Rs.1,00,000
awarded by the Tribunal. The enhanced compensation amount of
Rs.30,000 shall carry an interest rate of 6% per annum from the
date of the petition until realization.
12. To this extent, the award passed by the Tribunal
stands modified. The other portion of the award remains confirmed.
13. The enhanced amount to be deposited by the
respondent - Insurance Company within a period of three months
from the date of receipt of certified copy of this order.
14. The entire enhanced compensation amount to be
released in favour of the appellant/claimants.
Accordingly, the appeals are disposed of.
Sd/-
JUDGE
HR
