(BY SRI. R V SHIVANANDA REDDY., ADVOCATE) v. R-1 IS SERVED AND UNREPRESENTED)
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Key paragraphs
- Para 44. The daughter of Saraswathamma was examined as PW-1 before the Tribunal. She has stated in her evidence that though she was married, she had been deserted by her husband and consequently, she was staying with her mother. The ration card, copy of which was…
Judgment
(BY SRI. R V SHIVANANDA REDDY., ADVOCATE) …APPELLANTS AND: KUMAR R Location: HIGH COURT OF KARNATAKA
MAHABOOB SHARIFF S/O LATE LALA SHARIFF M/S SHARIFF MOTOR SERVICE, RAJAJI ROAD, SRINIVASAPURA TALUK KOLAR DISTRICT – 563125 THE GENERAL MANAGER.
IFFCO TOKIO GEN INS CO LTD NO 8, KSCMS BUILDING, 5TH FLOOR, 3RD BLOCK, CUNNINGHAM ROAD, BANGALORE - 560052 (BY SRI. B. PRADEEP., ADVOCATE FOR R-2; R-1 IS SERVED AND UNREPRESENTED) …RESPONDENTS - 2 - NC: 2024:KHC:50807 MFA No. 3749 of 2018 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.11.2017 PASSED IN MVC NO.2891/2016 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE & 20TH ACMM & MEMBER, MACT, BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL JUDGMENT
1. The claimants—Nagaraj and Saraswathamma, being the son and daughter of the deceased Gopamma, who was killed in an accident which occurred on
10.02.2016, are in appeal.
2. The Tribunal has recorded a finding that the accident did occur as a result of the negligent driving of the driver of the bus which was insured by Iffco-Tokio General Insurance Company Limited and has proceeded to award a sum of Rs.1,55,000/- as compensation. The claimants being aggrieved by the said sum are in appeal. - 3 - NC: 2024:KHC:50807 MFA No. 3749 of 2018
The Tribunal has come to the conclusion that the deceased was aged about 67 years as on the date of her death and it has taken her contribution to the claimants at Rs.2,000/- per month and has awarded a sum of Rs.1,20,000/- under the head of loss of dependency.
The daughter of Saraswathamma was examined as PW-1 before the Tribunal. She has stated in her evidence that though she was married, she had been deserted by her husband and consequently, she was staying with her mother. The ration card, copy of which was produced as Exhibit P-9 and which had been issued in the year 2015, does indicate that the ration card was issued in the name of the father of Sarswathamma and in this ration card, the family members are described as Gopamma—wife; Saraswathamma—daughter i.e., claimant No.2 and Ashwini—grand-daughter. This ration card indicates that the daughter—Saraswathamma was - 4 - NC: 2024:KHC:50807 MFA No. 3749 of 2018 staying with her mother and was dependent on her. Consequently, it will have to be held that Gopamma was taking care of her daughter—claimant No.2 and her grand-daughter.
Since there is no proof of actual income of the deceased, it would be appropriate to adopt the sum of Rs.9,500/- determined by the Karnataka State Legal Services Authority for the accidents of the year
As per the decision of the Apex Court in the case of Pranay Sethi1, as the deceased was aged about ‘67’ years, no future prospects can be added to the said income.
Out of the said sum, 50% of this amount will have to be deducted towards her personal expenditure, since Saraswatamma alone was dependent on Gopamma i.e., claimant No.2. The net income will be Rs.4,750/-. 1 National Insurance Company Limited vs. Pranay Sethi and Others - (2017) 16 SCC 680 - 5 - NC: 2024:KHC:50807 MFA No. 3749 of 2018
As the deceased was aged 67 years, as per the decision rendered by the Hon’ble Supreme Court in the case of Sarla Verma2, a multiplier of '5’ would have to be applied.
Consequently, the claimants would be entitled to a sum of Rs.2,85,000/- (Rs.4,750/- x 12 x '5') towards “loss of dependency”.
The claimants being the son and daughter of the deceased, each of them would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.96,800/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”.
Thus, the claimants, in modification of the impugned award, would be entitled to the following sums : Sl. No. Nature of Heads
1. Loss of Dependency Amount (In Rs.) 2,85,000/- (Rs.4,750/- x 12 x '5') 2 Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 - 6 - NC: 2024:KHC:50807 MFA No. 3749 of 2018
2. Loss of Consortium
3. Conventional Heads 96,800/- 36,300/- Total : 4,18,100/-
Thus, claimant would be entitled compensation of Rs.4,18,100/- against Rs.1,55,000/- awarded by the Tribunal, along with interest at the rate of six per cent per annum (as against 8%) from the date of petition till its realization.
The Insurance Company is directed to deposit the amount of compensation awarded along with interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.
On such deposit, since the evidence on record indicates that Saraswathamma alone was dependent the deceased—Gopamma, out of the said compensation, a sum of Rs.3,69,700/- with proportionate interest shall be disbursed in favour of - 7 - NC: 2024:KHC:50807 MFA No. 3749 of 2018 appellant No.2/claimant No.2, proper identification.
Balance sum of Rs.48,400/- with proportionate interest shall be disbursed in favour of appellant No.1/claimant No.1 on proper identification.
The appeal is accordingly allowed in part. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 59
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.