Karnataka High Court
Smt. Nenavath Kamala Bhai @ vs Reliance General Insurance on 5 March, 2024
-1-
NC: 2024:KHC:9200
MFA No. 1985 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1985 OF 2017
(MV-D)
BETWEEN:
1. SMT. NENAVATH KAMALA BHAI @
KAMALAMMA
AGED ABOUT 34 YEARS,
W/O LATE NENAVATH VENKATESH NAIK
@ VENKATESH NAIK
RESIDENT OF ST COLONY
MADDULACHERUVU THANDA
MADDULACHERUVU
KANGANA PALLE, ANTHAPURA DISTRICT
ANDRAPRADESH STATE
2. KUMARI MAHESWARI BAI N @ MAHESHWARI
AGED ABOUT 15 YEARS
D/O LATE NENAVATH VENKATESH NAIK @
Digitally VENKATESH NAIK
signed by RESIDENT OF ST COLONY
SUVARNA T
MADDULACHERUVU THANDA
Location:
HIGH MADDULACHERUVU
COURT OF KANGANA PALLE, ANTHAPURA DISTRICT
KARNATAKA ANDRAPRADESH STATE
MINOR RERPESENTED BY HER MOTHER
3. SMT. TIPPAMMA
AGED ABOUT 62 YEARS,
W/O LATE RAMA NAIK @ RAMAPPA
R/AT DEVDRAPURAM
PALLURU, KALYANDURGAM
ANTHAPUR DISTRICT
A.P.STATE
...APPELLANTS
-2-
NC: 2024:KHC:9200
MFA No. 1985 of 2017
(BY SRI. RANGANATHA R.,ADVOCATE)
AND:
1. RELIANCE GENERAL INSURANCE
NO.5/111 AND 6/112, 1ST FLOOR
UNNATI ARCADE, 1ST BLOCK
DR RAJKUMAR ROAD
RAJAJINAGARA, BANGALORE-560 010
2. MR.MADHU T
S/O THIMMA REDDY
NO.6, 19TH CROSS,
BANDAPPA GARDEN,MATHYALA NAGARA,
BANGALORE-560 054
...RESPONDENTS
(BY SRI.H.C. BETSUR.,ADVOCATE FOR R1;
V/O DTD 23.11.2017 NOTICE TO R2 D/W)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED29.12.2016 PASSED IN MVC
NO.3224/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSE JUDGE AND XX ACMM AND MEMBER, MACT,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC.No.3224/2015
dated 29.12.2016 passed by the XXII ASCJ & XX ACMM
and MACT, Bengaluru, the claimant is before this Court
seeking enhancement of the compensation.
NC: 2024:KHC:9200
2. The claim petition is filed seeking compensation of
an amount of Rs.25,00,000/- for the death of the
deceased in the accident that took place on 21.07.2015.
According to the claimant, the claimants are the mother,
daughter and the wife. According to them, as on the date
of the accident, the deceased was aged 38 years and was
working as Mastry and earning an amount of Rs.1,000/-
per day and an amount of Rs.25,000/- per month. The
court below has held that the accident had taken place
because of rash and negligent driving of driver of the
opposite vehicle. When it comes to the compensation,
the court below as there was no evidence with regard to
the income had taken income at Rs.7,000/- per month. As
per the Aadhar card the court has taken the age of the
deceased as 45 years and taken the future prospects at
30% and granted the compensation as per the table given
below:
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Heads Compensation
Awarded
1. Loss of dependency : Rs. 10,19,200/-
2. Loss of Consortium : Rs. 40,000/-
Loss of love and
3. : Rs. 20,000/-
affection
4. Transportation charges : Rs. 5,000/-
5. Funeral Expenses : Rs. 10,000/-
TOTAL : Rs. 10,94,200/-
3. Learned counsel for the appellant submits that
when it is the case of the claimant that the deceased was
earning an amount of Rs.25,000/- per month, the court
below had taken income at Rs.7,000/- without any basis.
Accident had taken place in the year 2015 and the amount
that was taken as income was on the lower side. It is
submitted that even under the other conventional heads
also the amount that was granted by the court below is
not a just and reasonable compensation.
4. Learned counsel for the respondent-insurance
company submits that the court below had rightly taken
the income at an amount of Rs.7,000/-, he submits that
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instead of taking 25% as future prospects court has taken
30% which is on the higher side. Learned counsel submits
that already the amount that was granted by the tribunal
is on higher side and no grounds are made for
enhancement of the compensation.
5. Having heard the learned counsel on either side,
perused the entire material on record. According to the
claimant, the deceased was earning an amount of
Rs.25,000/- per month, but there is no evidence on
record. This court considering the chart prepared by the
Karnataka State Legal Services Authority, the notional
income is taken at Rs.9,000/-. He is aged 45 years as
rightly submitted by the learned counsel for the insurance
company, he is entitled for future prospects at 25%.
Rs.9,000/- x 25% is Rs.2,250/- i.e., it is
Rs.11,250/- and as there are three dependants 1/3rd
has to be deducted towards personal expenses i.e.,
Rs.3,750/-. Then his contribution to the family would be
Rs.7,500/-. Under the head of loss of dependency,
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this court is granting an amount of Rs.12,60,000/-
(Rs.7,500/- x 12 x 14). Towards loss of consortium this
court is granting an amount of Rs.96,000/- and towards
funeral expenses an amount of Rs.36,000/- is granted.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
7. Altogether the claimants are entitled for an
amount of Rs.14,02,000/-.
8. The claimants are therefore, entitled for the
compensation under the following heads:
Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Loss of dependency : Rs. 10,19,200/- 12,60,000/-
2. Loss of Consortium : Rs. 40,000/- 96,000/-
3. Loss of love and : Rs. 00/-
20,000/-
affection
(2014) 11 SCC 178
NC: 2024:KHC:9200
4. Transportation : Rs. 00/-
5,000/-
charges
5. Funeral Expenses : Rs. 10,000/- 36,000/-
6. Legal Expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 10,94,200/- 14,02,000/-
Enhancement : Rs. 3,07,800/-
9. Accordingly, the appeal filed by the claimant is
partly allowed, enhancing the compensation amount
from Rs.10,94,200/- to Rs.14,02,000/-. It is submitted
that the mother of the deceased is no more. Hence, the
compensation amount shall be equally apportioned
between the remaining two claimants.
ORDER
i) The appeal is partly allowed, enhancing the
compensation amount Rs.10,94,200/- to
Rs.14,02,000/-. The enhanced amount is
Rs.3,07,800/-.
ii) As the mother of the deceased is dead, the
compensation amount shall be equally
apportioned between the remaining two
claimants.
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iii) The enhanced amount shall carry interest at 6%
per annum from the date of petition till the date
of realization.
iv) The respondent - insurance company shall
deposit the amount within a period of eight
weeks from the date of receipt of copy of the
judgment. On such deposit, the claimant is
entitled to withdraw the entire amount without
furnishing any security.
v) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
v) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
TS
