The High Court
Case Details
- 1 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3239 OF 2016 (MV-D) BETWEEN: 1. SRI. VENKATARAMANNA, S/O LATE J. KARIYAPPA AGED ABOUT 62 YEARS, 2. SMT. BHAGYALAKSHMI, D/O VENKATRAMANNA, AGED ABOUT 35 YEARS, BOTH ARE RESIDENTS OF NO.358/1, LAKSHMIDEVI NAGARA, NANDINI LAYOUT, 100 FEET RING ROAD, BANGALORE - 560 096. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA PRESENT ADDRESS: R/AT THIMMEGOWDANAPALYA, GOWDAGERE POST, YADIYUR HOBLI, KUNIGAL TALUK - 572 130, TUMKUR DISTRICT. (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) …APPELLANTS AND: 1. THE MANAGER, UNITED INDIA INSURANCE CO.,LTD., TP CLAIMS HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, - 2 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 BANGALORE - 560 002.
Legal Reasoning
2. MR. K.G. MOHAN KUMAR MAJOR, S/O GANGADHARAIAH, KEMPASAGAR POST, KOTHAGERE HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. …RESPONDENTS (BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R1; R2 IS SERVED ABD UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2015 PASSED IN MVC NO.4979/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 UMESH M ADIGA ORAL JUDGMENT This is claimants’ appeal against judgment and award dated 24.11.2015 passed by the III Additional Senior Civil Judge and MACT, Bengaluru (SCCH-18) (hereinafter - 3 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 referred to as ‘the Tribunal’ for short) in MVC No.4979/2014 for enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. Brief facts of the case are that on 12.08.2014 at about 2.00 p.m., deceased-Gangamma was going as a pillion rider on a motorcycle bearing Reg.No.KA-04-EZ- 8821 and her son was riding the said motorcycle. At the place of accident he rode the vehicle in rash and negligent manner, as a result of which it met with an accident. Due to the same Gangamma fell down and sustained total injuries. Immediately she was shifted to hospital and admitted as impatient. While under going treatment, she succumbed to the injuries on 10.09.2014 at about 1.30 p.m. 4. It is further case of the claimants that deceased-Gangamma was aged about 50 years at the time of accident and she was an agriculturist and homemaker. She was earning more than Rs.15,000/- per month and - 4 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 she was contributing her earnings to the family benefit. Claimant No.1 is her husband and claimant No.2 is her daughter. With these reasons, claimants have prayed to award compensation Rs.25,00,000/-. 5. Respondent No.1/insurer has denied the contents of the claim petition and prayed for dismissal of the claim petition. 6. From the rival contentions of the parties, the Tribunal framed the necessary issues for its determination. 7. The claimants to prove their case examined PWs.1 and 2 and marked Exs.P1 to P18. Respondent No.1-Insurance Company examined RW.1 and marked 2 documents as Exs.R1 and R2. 8. After hearing both the parties and appreciating the pleading and evidence available on record, the Tribunal held that accident had taken place due to rash and negligent riding of motorcycle by its rider. The Tribunal assessed the age of deceased as 50 years; her notional - 5 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 income as Rs.6,000/- per month. Added 30% of income towards future prospects; applied multiplier '13', and assessed the following amount of compensation: Sl.No. 1. 2. 3. 4. 5. Particulars Loss of dependency Loss of love and affection Loss of consortium Medical bills Transportation of dead body, funeral and obsequies ceremony expenses Amount Rs.6,08,400/- Rs.25,000/- Rs.25,000/- Rs.6,18,000/- Rs.30,000/- Total Rs.13,06,400/- 9. The Tribunal directed the owner and insurer of the motorcycle to pay the said amount of compensation by the impugned judgment and award dated 24.11.2015. 10. I have heard the arguments of learned counsels for both the sides. 11. Learned counsel for the appellants submits that deceased was a homemaker and now it is settled that earnings of a homemaker should be considered properly. The Tribunal has taken the notional income of deceased as Rs.6,000/- per month, which is on the lower side. He - 6 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 further submits that the amount of compensation awarded towards loss of consortium is also on lower side. Learned counsel for the appellants further submits that the Tribunal erroneously deducted 50% of income towards personal expenses instead of 1/3rd of income, towards personal expenses. With these reasons, prayed to enhance amount of compensation. 12. Learned counsel for respondent No.1 submits that the Tribunal has properly calculated the compensation. It does not call for any interference by this Court and prayed to dismiss the appeal. 13. The fact of accident and death of Smt.Gangamma due to the vehicle accident is not in dispute. Respondents have not challenged the impugned judgment. Therefore, there is no need to reconsider the said fact in present appeal. 14. The only question that arises for determination is: - 7 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 "Whether the claimants are entitled for the enhancement of compensation?” 15. The Tribunal has taken the notional income of the deceased as Rs.6,000/- p.m. it is on lower side. As per the chart prepared by Karnataka State Legal Services Authority, notional income of a victim of an accident of the relevant years is Rs.8500/- p.m. Looking to the facts of the present case and contentions of the claimants, notional income of deceased is taken as Rs.9,000/- per month. The Tribunal has accepted the age of the deceased as 50 years, which is not in dispute. As per the law laid down in the case of National Insurance Company Limited Vs. Pranay Sethi & Others1, 25% of the income has to be added towards future prospects. Undisputedly, multiplier applicable is ‘13’. 16. Further, the Tribunal has deducted 50% of her income towards personal expenses and no reasons were assigned for deducting 50% of income. The deceased was 1 (2017) 16 SCC 680 - 8 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 a married woman, having husband and a daughter. Therefore as per the law laid down in the case of Sarla Verma and Others Vs. Delhi Transport Corporation and Another2, 1/3rd of the income has to be deducted towards personal expenses. On the basis of said figures, the amount of compensation is recalculated under the head 'loss of dependency'. 17. As per the law laid down in the case of Pranay Sethi (supra), and Magma General Insurance Co. Ltd. Vs. Nanu Ram3, compensation shall be calculated under conventional heads. 18. The amount awarded by the Tribunal under the head 'medical expenses' is proper and according to the actual bills submitted by the claimants. Hence do not call for interference. 2 3 AIR 2009 SCC 3104 2018 ACJ 2782 - 9 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 19. The amount awarded by the Tribunal towards 'loss of estate and funeral expenses' is proper and it does not call for any interference. 20. Accordingly, the following amount of compensation is awarded: Sl. No Heads 1. Loss of dependency (9,000 + 25% - 1/3 X 12 X 13) Amount awarded by this court Rs.11,70,000/- 2. Medical expenses Rs.6,18,000/- 3. Funeral expenses 4. Loss of estate 5. Loss of consortium Rs.15,000/- Rs.15,000/- Rs.80,000/- Total Rs.18,98,000/- 21. Therefore, the claimants are entitled for enhancement of compensation of Rs.5,91,600/-. Accordingly, I answer the above question partly in the affirmative and pass following:
Decision
ORDER The appeal is allowed in part. - 10 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 The impugned judgment and award dated 24.11.2015 passed by the III Additional Senior Civil Judge and MACT, Bengaluru (SCCH-18), in MVC.No.4979/2014 is modified; Claimants are entitled for enhancement of Rs.5,91,600/- in addition to compensation awarded by the Tribunal, with interest at the rate of 6% p.a. on the enhanced amount of compensation from the date of petition till its realization. Respondent No.1 insurance company shall deposit the said amount with interest before the Tribunal within a period of six weeks from the date of receipt of a copy of this order. The rest of the order of the Tribunal with respect to apportionment, deposits and release shall remain unaltered. - 11 - NC: 2025:KHC:10577 MFA No. 3239 of 2016 Draw the modified award accordingly. Registry to transmit a copy of this judgment to the concerned Tribunal along with its records without delay. SD/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 17 CT: BHK