Karnataka High Court
Chowdamma vs Shashidhar on 27 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:23896
MFA No. 8438 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8438 OF 2017 (MV-D)
BETWEEN:
CHOWDAMMA
W/O LATE NARAYANAPPA,
R/AT VADDARAPALYA,
PARAGODU, CHIKKABALLAPURA,
KANATAKA - 561 207.
...APPELLANT
(BY SRI RAGHU R, ADVOCATE)
AND:
1. SHASHIDHAR
MAJOR,
Digitally signed by
SUMITHRA R S/O. MARUTHI,
Location: HIGH
COURT OF R/AT NO. 88, 3RD CROSS,
KARNATAKA CHOLURPALYA, MAGADI ROAD,
BANGALORE - 560 023.
2. THE MANAGER
THE UNITED INDIA INSURANCE CO. LTD,
MOTOR THIRD PARTY CLAIMS HUB,
5TH FLOOR, KRUSHI BHAVAN,
HUDSON CIRCLE, BANGALORE.
...RESPONDENTS
(BY SRI JANARDHAN REDDY, ADV., FOR R-2;
V/O DATED 06.12.2023 NOTICE TO R1 IS DISPENSED WITH)
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NC: 2024:KHC:23896
MFA No. 8438 of 2017
THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING AGAINST
THE JUDGMENT AND AWARD DATED 11.05.2017 PASSED IN MVC
NO.1336/2016 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES
JUDGE AND XXVIII ACMM, MACT BENGALURU (SCCH-13), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 11.05.2017 in
MVC.No.1336/2016 passed by the Motor Vehicles Accident
Claims Tribunal, Bengaluru (SCCH-13), for seeking
enhancement of compensation.
2. The factum of accident, death of the deceased
and coverage of insurance is not disputed.
3. Heard the arguments from both sides and
perused the records.
4. The Tribunal has awarded the compensation
under various heads as follows:
NC: 2024:KHC:23896
1 Transportation of dead Rs. 25,000/-
body and funeral
expenses
2 Loss of dependency Rs.2,10,000/-
3 Loss of love and affection Rs. 25,000/-
4 Loss of consortium Rs. 25,000/-
5 Loss of care and guidance Rs. 25,000/-
for minor children
TOTAL Rs.3,10,000/-
5. The Tribunal has not adopted the correct
parameters while determining the compensation.
Therefore, the claimant is before this Court for seeking
enhancement of compensation.
6. The deceased was aged 75 years and the
claimant is the wife of the deceased. The accident is
caused in the year 2015. The notional income held by the
Tribunal is on the lesser side. Hence, notional income of
Rs.9,000/- is to be taken into consideration as per the
Notional Income Chart recognized by the Karnataka State
NC: 2024:KHC:23896
Legal Service Authority. As the claimant is the wife of the
deceased, 1/3rd of income is to be deducted towards
personal and living expenses of the deceased. As the
deceased was aged 75 years, the appropriate multiplier
applicable is "5". Therefore, the quantum of compensation
towards loss of dependency is reassessed and recalculated
as follows:
Rs.9,000/- x 2/3 x 5 x 12 = Rs.3,60,000/-
Hence, compensation of Rs.3,60,000/- is awarded
under the head loss of dependency.
7. The claimant is the wife of the deceased. As per
the judgment of the Hon'ble Supreme Court in the case of
Magma General Insurance Co. Limited v. Nanu Ram
& Others1, the claimant is entitled for Rs.44,000/-.
Therefore, compensation of Rs.44,000/- is awarded
2018 ACJ 2782
NC: 2024:KHC:23896
under the head loss of consortium including loss of love
and affection.
8. The compensation of Rs.16,500/- is awarded
towards funeral expenses and transportation of dead body.
9. The compensation of Rs.16,500/- is awarded
towards loss of estate.
10. Thus, in all, the appellant/claimant is entitled
for total compensation under various heads as follows:
1 Loss of dependency Rs. 3,60,000/-
2 Loss of consortium Rs.
44,000/-
including loss of love
and affection
3 Funeral expenses and Rs.
16,500/-
transportation of dead
body
4 Loss of estate Rs. 16,500/-
TOTAL Rs. 4,37,000/-
NC: 2024:KHC:23896
11. The Tribunal has awarded compensation of
Rs.3,10,000/-, but the appellant/claimant is entitled to
total compensation of Rs.4,37,000/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.1,27,000/- (Rs.4,37,000/- - Rs.3,10,000/-).
Therefore, the appellant/claimant is entitled to enhanced
compensation of Rs.1,27,000/- along with interest at the
rate of 6% per annum from the date of petition till the
date of realization.
12. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
11.05.2017 in MVC.No.1336/2016 passed by
the Motor Vehicles Accident Claims Tribunal,
Bengaluru (SCCH-13), is modified to the extent
that the appellant/claimant is entitled to
enhanced compensation of Rs.1,27,000/-
NC: 2024:KHC:23896
along with interest at the rate of 6% per annum
from the date of petition till the date of
realization.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for
interest for the delay period of 58 days in filing
the appeal.
v. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
vi. Draw award accordingly.
Sd/-
JUDGE
PB
