The High Court
Case Details
- 1 - NC: 2025:KHC:12883 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
Legal Reasoning
(BY SRI.SHIVAPRASAD M.K., ADVOCATE) AND: 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, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA …APPELLANTS - 2 - NC: 2025:KHC:12883 MFA No. 7044 of 2022 BANGALORE -560 001 REPRESENTED BY ITS MANAGER (BY SRI.B.C.SHIVNNE GOWDA, ADVOCATE FOR R2 R1- SERVICE OF NOTICE DT: 26.03.2025) IS DISPENSED WITH V.C.O. …RESPONDENTS 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 - 3 - NC: 2025:KHC:12883 MFA No. 7044 of 2022 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. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 4,00,020/- 2. Consortium : Rs. 1,20,000/- 3. 4. Loss of estate : Rs. 15,000/- Funeral expenses : Rs. 15,000/- TOTAL : Rs. 5,50,020/- - 4 - NC: 2025:KHC:12883 MFA No. 7044 of 2022 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 - 5 - NC: 2025:KHC:12883 MFA No. 7044 of 2022 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. No. Heads Compensation Awarded by Tribunal 4,00,020/- 1. Loss of dependency : Rs. 1,20,000/- : Rs. 2. Consortium 15,000/- : Rs. 3. Funeral expenses 15,000/- : Rs. 4. Loss of estate : Rs. 00/- 4. Legal Expenses : Rs. 5,50,020/- : Rs. TOTAL Enhancement Compensation Awarded by this Court 4,80,000/- 1,32,000/- 36,000/- 00/- 10,000/- 6,58,000/- 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 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:12883 MFA No. 7044 of 2022 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 List No.: 1 Sl No.: 7