Karnataka High Court
Smt Sumithramma vs The Principal on 26 March, 2025
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MFA No. 7044 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 7044 OF 2022 (MV-I)
BETWEEN:
1. SMT.SUMITHRAMMA
W/O LATE MALLIKARJUNAPPA
AGED ABOUT 59 YEARS
2. NANDINI P.M.,
D/O LATE MALLIKARJUNAPPA
AGED ABOUT 30 YEARS
3. BHARATH P.M.,
S/O LATE MALLIKARJUNAPPA
AGED ABOUT 35 YEARS
ALL ARE R/AT
PANCHANAHALLI VILLAGE
KADUR TALUK
CHIKKAMAGALURU DISTRICT -577 548
Digitally ...APPELLANTS
signed by
SUVARNA T (BY SRI.SHIVAPRASAD M.K., ADVOCATE)
Location:
HIGH AND:
COURT OF
KARNATAKA 1. THE PRINCIPAL
SNEHA ENGLISH MEDIUM HIGHER
PRIMARY SCHOOL
PANCHANAHALLI VILLAGE
KADUR TALUK
CHIKKAMANGALUR DISTRICT- 577 548
2. SHRIRAM GENERAL INSURANCE CO. LTD.,
S-5, 3RD FLOOR,
MONARCH CHAMBERS
INFANTRY ROAD,
-2-
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MFA No. 7044 of 2022
BANGALORE -560 001
REPRESENTED BY ITS
MANAGER
...RESPONDENTS
(BY SRI.B.C.SHIVNNE GOWDA, ADVOCATE FOR R2
R1- SERVICE OF NOTICE IS DISPENSED WITH V.C.O.
DT: 26.03.2025)
THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:16.12.2021 AGAIN MODIFIED ON
04.05.2022 IN M.V.C. NO.5990/2018 CLUBBED MVC NO. 600/2019
WITH PENING ON THE FILE OF THE IX C/C XIII ADDITIONAL SMALL
CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7,
BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
BARRED BY TIME.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the order passed in M.V.C.No.5990/2018
dated 16.12.2021 by the IX ASCJ & ACMM, Court of Small
Causes, Member - MACT, Bengaluru, the appellants/claimants
are before this Court seeking enhancement of the
compensation.
2. The claimants are three in number who are the wife,
daughter and the son of the deceased. It is the case of the
claimants that on 01.08.2018 at about 9:35 a.m., the deceased
was going on the motor cycle as a pillion rider and his son was
riding the motor cycle and they were proceeding on
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Panchanahalli - Hosakere Road very slowly and when they
reached near land of Birajji's Gopala, at that time, one Mini Bus
came from the opposite direction driven by its driver at high
speed in a rash and negligent manner and dashed against their
motor cycle and they fell down. Immediately, they were shifted
to the hospital, wherein the doctor after examining the
deceased declared that he died due to the accidental injuries. It
is the case of the claimants that the deceased was aged about
68 years and doing agriculture work and earning an amount of
Rs.15,000/- per month.
3. The Tribunal had taken the income of the deceased at
Rs.10,000/- per month and considering claimant Nos.1 and 2
as dependents had deducted 1/3rd of the income towards
personal expenses of the deceased and had granted
compensation as per the table given below:
SL. Heads Compensation
No. Awarded
1. Loss of dependency : Rs. 4,00,020/-
2. Consortium : Rs. 1,20,000/-
3. Loss of estate : Rs. 15,000/-
4. Funeral expenses : Rs. 15,000/-
TOTAL : Rs. 5,50,020/-
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4. Learned counsel appearing for the appellants/claimants
submits that the accident had taken place in the year 2018 and
the Tribunal had taken an amount of Rs.10,000/- per month as
the income of the deceased which is on the lower side. Even
under the conventional heads also, the compensation that is
granted by the Tribunal is on the lower side.
5. Learned counsel appearing for respondent No.2/
Insurance Company Sri.B.C.Shivanne Gowda submits that the
Tribunal had rightly granted the compensation basing on the
evidence on record and no interference is called for.
6. Having heard the learned counsels on either side,
perused the entire material on record. This accident had taken
place in the year 2018. Considering the chart prepared by the
Legal Services Authority, this Court is taking the income of the
deceased at Rs.12,000/- per month. As there are three
dependants, 1/3rd has to be deducted towards personal
expenses which comes to an amount of Rs.4,000/-. Then the
contribution to the family would be an amount of
Rs.8,000/-. Hence, loss of dependency will come to an
amount of Rs.4,80,000/- (Rs.8,000x12x5). Towards
consortium, an amount of Rs.1,32,000/- is granted and
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towards funeral expenses, this Court is granting an amount
of Rs.36,000/-.
7. 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.
8. The claimant is therefore, entitled to the compensation
under the following heads:
Sl. Heads Compensation Compensation
No. Awarded by Awarded by
Tribunal this Court
1. Loss of dependency : Rs. 4,00,020/- 4,80,000/-
2. Consortium : Rs. 1,20,000/- 1,32,000/-
3. Funeral expenses : Rs. 15,000/- 36,000/-
4. Loss of estate : Rs. 15,000/- 00/-
4. Legal Expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 5,50,020/- 6,58,000/-
Enhancement : Rs. 1,07,980/-
9. Altogether, the claimants are entitled for an amount of
Rs.6,58,000/-.
10. Accordingly, the appeal of the claimants is partly
allowed, enhancing the compensation from an amount of
(2014) 11 SCC 178
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Rs.5,50,020/- to Rs.6,58,000/-. The Insurance Company is
liable to pay the compensation.
i. Learned counsel Sri.B.C.Shivanne Gowda is
permitted to file vakalath on behalf of
respondent No.2 within one week.
ii. The enhanced amount shall carry interest at
6% per annum from the date of petition till the
date of realization.
iii. The respondent No.2 - 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.
iv. No costs.
v. Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
