THE BRANCH MANAGER v. VARALAKSHMI

(BY SRI. LAXMINARASAPPA, ADVOCATE FOR SRI. A M VENKATESH, ADVOCATE) K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA AND:

VARALAKSHMI W/O LATE UMESHA AGED ABOUT 23 YEARS.

CHIRAYU S/O LATE UMESHA AGED ABOUT 4 YEARS. (SINCE THE 2ND RESPONDENT IS MINOR AND REP BY NATURAL GUARDIAN AND 1ST RESPONDENT)

ROOPA @ JYOTHI D/O LATE VENKATESHA AGED ABOUT 23 YEARS. - 2 - NC: 2024:KHC:19924 MFA No. 3902 of 2018 ALL ARE R/AT KEBBEDODDI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT. 3RD PETITONER PREVIOUSLY R/AT NO. 3641, 13TH CROSS, 15TH 'F' BUS STOP, KUMARASWAMY LAYOUT, J.P. NAGAR, BANGALURU-78.

RAMESH S/O LATE VENKATESHA MAJOR, NO 30, PUTTENAHALLI, J P NAGAR, 6TH PHASE BENGALURU - 78 (BY SMT. NITHYA V, ADVOCATE FOR SRI. PRAKASH M H, ADVOCATE FOR R1 TO R3 V/O DATED 04.12.23 NOTICE TO R4 IS D/W) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 17.03.2018 PASSED IN MVC NO.167/2017 ON THE FILE OF THE III ADDITIONAL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.19,73,300/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT The respondents herein filed claim petition under Section 166 of the M.V. Act, claiming just and proper compensation for the death of Umesha son of late Venkatesha who succumbed to the accidental injuries on 4.12.2016. The Tribunal awarded total compensation of Rs.19,73,300/- with interest @ 9% p.a. from the date of petition till the date of deposit. Taking exception of the same, this appeal is filed by the appellant-Insurance company. - 3 - NC: 2024:KHC:19924 MFA No. 3902 of 2018

2. Learned counsel for the appellant submits that, in the absence of notional income, the Tribunal has assessed the income of the deceased at Rs.10,500/- p.m. instead of Rs.9,500/- p.m., and also the rate of interest 9% awarded by the Tribunal is on the higher side.

3. The learned counsel for the respondents submits that the Tribunal has awarded Rs.40,000/- towards loss of consortium instead of Rs.1,20,000/-, and therefore, the compensation awarded by the Tribunal is just and proper.

4. Considered the submissions made by the learned counsel for the parties.

The accident is of the year 2016, and the deceased was aged 27 years at the time of the accident. In the absence of the proof of income, the Tribunal ought to have assessed the income of the deceased at Rs.9,500/- p.m. instead of Rs.10,500/- p.m. as per the chart prepared by the Karnataka State Legal Aid Services Authority.

The Tribunal has awarded a sum of Rs.40,000/- towards loss of consortium instead of Rs.40,000/- to each of the claimant-dependants which comes to Rs.1,20,000/- as against Rs.40,000/- awarded by the Tribunal. Therefore, Compensation awarded by the Tribunal is just and proper. However, the Tribunal has awarded interest @ of 9% p.a., and in my view, it is on the higher side, and the same is reduced to 6% p.a. - 4 - NC: 2024:KHC:19924 MFA No. 3902 of 2018

The respondents-claimants are entitled compensation of Rs.19,73,300/- with interest @ of 6% p.a., from the date of petition till actual deposit.

To this extent, the impugned award passed stands modified. Amount in deposit if any, to be transmitted to the Jurisdictional Tribunal forthwith.