Karnataka High Court
Jagadeesh Kumar M vs Royal Sundaram General Insurance on 13 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:46044
MFA No. 6575 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 6575 OF 2018
(MV-D)
BETWEEN:
1. JAGADEESH KUMAR M
S/O LATE V MARISWAMY,
AGED ABOUT 49 YEARS,
2. CHANDU J
S/O JAGADEESH KUMAR,
AGED ABOUT 20 YEARS,
3. CHAITRA J
D/O JAGADEESH KUMAR,
AGED ABOUT 17 YEARS,
ALL ARE R/AT DHANAGERE VILLAGE,
PALYA HOBLI, KOLLEGALA TALUK,
HAMARAJANAGARA DIST.
Digitally signed
by KIRAN
KUMAR R PRESENTLY R/AT No.2/1, 16TH CROSS,
ROOPENA AGRAHARA, NEAR OM SHAKTI TEMPLE,
Location: HIGH
COURT OF BOMMANAHALLI, BANGALORE-560 068.
KARNATAKA
CLAIMANT No.3 IS MINOR AND
HENCE REP. BY HER FATHER AND NATURAL
GUARDIAN CLAIMANT No.1
...APPELLANTS
(BY SRI. PRAKASH M H., ADVOCATE)
AND:
1. ROYAL SUNDARAM GENERAL INSURANCE
OFFICE AT NO.30, 3RD FLOOR,
-2-
NC: 2024:KHC:46044
MFA No. 6575 of 2018
JNR CITY CENTRE,
RAJARAM MOHAN ROY ROADE,
SAMPANGIRAMANAGARA,
BANGALORE-560027
BY ITS MANAGER.
2. SHIVARAJU
S/O LATE CHANDRAPPA, MAJOR,
R/AT NO.65, JANATHA COLONY,
BIDADI HOBLI & POST,
RAMANAGARA TALUK AND DISTRICT-56119
...RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R-1;
R-2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:21.04.2018
PASSED IN MVC NO.1604/2017 ON THE FILE OF THE 7TH
ADDITIONAL SMALL CAUSE JUDGE & 32ND ACMM, MEMBER,
MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The appeal is filed seeking enhancement of
compensation.
2. It is not in dispute that as a result of the motor vehicle
accident which occurred on 27.02.2017, Shobha - a 36
year old died.
NC: 2024:KHC:46044
3. It is not in dispute that the Insurer is liable to pay the
compensation as the offending vehicle was insured.
4. In order to arrive at the loss of dependency, the Tribunal
has determined the monthly income, notionally at
Rs.8,000/- since there was no credible evidence to
ascertain the actual monthly income. In such
circumstances, it would be appropriate and prudent to
adopt the notional income determined by Karnataka State
Legal Services Authority, which, for the accident of the
year 2017, would be Rs.11,000/-.
5. Since the deceased was aged 36 years, 40% requires to
be added to the notional income towards future
prospects, which would result in the income to be
Rs.15,400/-. Since number of dependants are three,
1/3rd is to be deducted towards personal expenses, which
makes her income to be Rs.10,267/-. As the deceased
was aged 36 years, a multiplier of '15' would have to be
applied. Consequently, the claimants would be entitled to
a sum of Rs.18,48,060/- (Rs.10,267 x 12 x 15 )
towards "loss of dependency".
NC: 2024:KHC:46044
6. The claimants being the husband and children of
deceased, they would each be entitled to a sum of
Rs.48,400/- towards "loss of consortium" i.e., in all
Rs.1,45,200/- and they would also be entitled to a sum
of Rs.36,300/- under the "conventional heads".
7. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums:
Sl. Amount
Particulars
No. (In Rs.)
1. Loss of Dependency 18,48,060
2. Loss of Consortium 1,45,200
3. Conventional Heads 36,300
Total 20,29,560
8. Accordingly, the claimants would be entitled for
compensation of Rs.20,29,560/- as against
Rs.14,14,000/- awarded by the Tribunal, along with
interest at the rate of 6% per annum from the date of
petition till its realization.
9. The Insurance Company is directed to deposit the amount
of compensation awarded within a period of two months
NC: 2024:KHC:46044
from the date of receipt of a certified copy of this
judgment.
10. The apportionment of compensation would be in
terms of the award of the Tribunal.
11. The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
