Karnataka High Court
Chikkamuthyalappa vs M/S Icici Lombard General Insurance Co ... on 4 November, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:44171
MFA No. 1284 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1284 OF 2016 (MV-D)
BETWEEN:
1. CHIKKAMUTHYALAPPA,
S/O CHIKKA MUNIVENKATAPPA @
MUNIVENKATAPPA,
AGED ABOUT 76 YEARS,
2. H.M. NAGARAJA,
S/O CHIKKAMUTHYALAPPA,
AGED ABOUT 44 YEARS,
BOTH ARE R/AT HUNEGALLU VILLAGE,
GUNDLAGURKI POST, CHIKKABALLAPURA TALUK
AND DISTRICT - 562 101.
3. BYRAMMA,
W/O SRINIVSA,
D/O CHIKKAMUTHYALAPPA,
AGED ABOUT 47 YEARS,
R/AT # 175,SHIGEHALLI,
Digitally signed SHIDLAGHATTA TALUK,
by RAMYA D KOLAR DISTRICT - 563 101.
Location: HIGH
COURT OF ...APPELLANTS
KARNATAKA
(BY SRI. K V SHYAMAPRASADA, ADVOCATE)
AND:
1. M/S. I C I C I LOMBARD GENERAL INSURANCE CO.
LTD.,
NO.89, 2ND FLOOR, S V R COMPLEX,
MADIWALA MAIN ROAD,
KORAMANGALA, BENGALURU - 560 068.
REPRESENTED BY IT MANAGER.
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NC: 2024:KHC:44171
MFA No. 1284 of 2016
2. NAGARAJ P HEGDE,
S/O PARAMESHWAR HEGDE,
MAJOR, R/AT NO.49/1,
CHAMUNDESWARI LAYOUT,
VIDYARANYAPURA,
BENGALURU - 560 097.
3. M/S THE NEW INDIA ASSURANCE CO.LTD.,
NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS,
M G ROAD, BENGALURU - 560 001.
REPRESENTED BY IT MANAGER
4. K. RAMACHANDRA,
S/O GANAPATI R BHAT,
MAJOR,
PAKKI COMPOUND, SHIRALLI,
CHITRAPURA ROAD,
BHATKAL TALUK - 581 354.
UTTARA KANNADA.
...RESPONDENTS
(BY SRI. D S SRIDHAR, ADVOCATE FOR R3
SRI. B. PRADEEP, ADVOCATE FOR R1
R2 AND R3 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:05.01.2016 PASSED IN MVC
NO.5075/2014 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE & XIX ACMM, MEMBER, MACT (SCCH-23),
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
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NC: 2024:KHC:44171
MFA No. 1284 of 2016
ORAL JUDGMENT
This appeal is filed by appellants/claimants
challenging the judgment and award dated 05.01.2016,
passed by the Court of XXI Additional Small Judge and XIX
ACMM Member, MACT (SCCH-23), Bengaluru, in MVC
No.5075/2014, seeking enhancement of compensation
awarded by the Tribunal.
2. The factum of accident, death of the deceased and
coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused
the records.
4. In the present case, the Tribunal has awarded
compensation as under:
1 Pain and sufferings and loss of Rs.40,000/-
companionship
2 Funeral expenses Rs.20,000/-
3 Transportation of dead body Rs.10,000/-
Total Rs.70,000/-
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5. The Tribunal while determining the compensation has
not adopted the correct parameters. Hence,
appellants/claimants are entitled for compensation.
6. In the present case, the alleged accident is
occurred on 01.11.2014. The deceased was 62 years old
at the time of accident. She was doing agricultural work or
coolie. The accident of the year 2014. Therefore, the
national income is ought to be taken at Rs.8,500/- per
month as recognized by the Karnataka State Legal
Services Authorities. Therefore, the appropriate multiplier
is '7'. The appellants/claimants are husband and children
of the deceased. Hence, 1/3rd amount is to be deducted
towards personal and living expenses of the deceased and
remaining 2/3rd amount is contribution to the family.
Accordingly, the 'loss of dependency' is hereby re-
assessed at Rs.4,75,999/- rounded off to Rs.4,76,000/-
(Rs.8,500/- X 2/3 X '7' X12).
7. The Tribunal has not awarded compensation under
the head 'loss of love and affection' and 'loss of
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consortium'. The loss of love and affection and loss of
consortium are having the same connotation. As per the
judgment of the Hon'ble Supreme Court in the case of
Magma General Insurance Co. Limited v. Nanu Ram
& Others1, each claimants are entitled for Rs.40,000/-
with 10% escalation. Hence, in the present case, there are
three dependants. Therefore, compensation of
Rs.1,32,000/- (Rs.40,000/- X 3 dependants + 10%
escalation) is awarded under the head 'loss of consortium'
including loss of love and affection.
8. The compensation of Rs.16,500/- (Rs.15,000/- +
10% escalation) is awarded under the head 'funeral
expenses' as against Rs.20,000/- awarded by the Tribunal.
9. The compensation of Rs.16,500/- (Rs.15,000/- +
10% escalation) is awarded under the head 'loss of
estate'.
2018 ACJ 2782
NC: 2024:KHC:44171
10. Thus, in all, the appellants/claimants are entitled
for total compensation under various heads as follows:
Sl. Particulars Awarded Awarded
NO. by the by this
Tribunal Court
1 Pain and sufferings and
loss of companionship Rs. 40,000/- -
3 Transportation of dead
body Rs. 10,000/- -
4 Loss of dependency Rs. - 4,76,000/-
Loss of Consortium Rs. 1,32,000/-
Funeral expenses Rs. 20,000/- 16,500/-
5 Loss of estate Rs. - 16,500/-
TOTAL Rs. 70,000/- 6,41,000/-
11. The Tribunal has awarded compensation of
Rs.70,000/-, but the appellants/claimants are entitled for
total compensation of Rs.6,41,000/-. Hence, the
appellants/claimants are entitled to enhanced
compensation of Rs.5,71,000/- (Rs.6,41,000/- -
Rs.70,000/-), along with interest at the rate of 6% per
annum from the date of petition till the date of realization,
in addition to what has been awarded by the Tribunal.
Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
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ii. The impugned judgment and award dated
05.01.2016, passed by the Court of XXI
Additional Small Judge and XIX ACMM
Member, MACT (SCCH-23), Bengaluru, in
MVC No.5075/2014, is hereby modified
holding that the appellants/claimants are
entitled for enhanced compensation of
Rs.5,71,000/- along with interest @ 6%
per annum, from the date of petition till its
realization, in addition to what has been
awarded by the Tribunal.
iii. 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.
iv. The other observations with regard to
are kept intact.
v. Draw award accordingly.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
BKN
