THE BRANCH MANAGER v. DEVI JAMBUKESHWARI ARCADE

(BY SRI. PRADEEP B.,ADVOCATE) AND:

1. HASMABANU W/O SYED EBRAHIM NOW AGED ABOUT 32 YEARS

2. SYED EBRAHIM S/O SYED ABDUL KARIM NOW AGED ABOUT 37 YEARS

3. SYED HAFIPA S/O SYED EBRAHIM NOW AGED ABOUT 16 YEARS 3RD RESPONDENT IS MINOR - 2 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR REP BY HIS MOTHER AS NATURAL GUARDIAN RESPONDENT NO.1 ALL ARE R/AT EDS-29, UDAYAGIRI MYSURU PRESENTLY R/AT SYED AHAMED YELLEMALA, KOLLEGAL TALUK CHAMARAJANAGAR DIST-571101

4. SYED MUKABUL SYED HABIB MAJOR R/A NO.454/1,BELAVETHA VILLAGE KESARE, MYSORE-571110 (BY SRI. K.M. SANATH KUMAR.,ADVOCATE FOR R1 TO R3 NOTICE TO R4 IS DISPENSED WITH ON 1.3.2023) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2017 PASSED IN MVC NO.413/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., KOLLEGAL, AWARDING COMPENSATION OF RS.9,79,845/- WITH INTEREST AT 6% P.A. FROM THE DATE OF FILING OF THE PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 7202/2017 BETWEEN:

1. HASMABANU W/O SYED EBRAHIM AGED ABOUT 32 YEARS

2. SYED EBRAHIM S/O SYED ABDUR KARIM AGED ABOUT 37 YEARS

3. SYED HAFIQA S/O SYED EBRAHIM AGED ABOUT 16 YEARS APPELLANT NO.3 BEING MINOR REP BY HIS NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1 - 3 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR ALL ARE R/AT EDS - 29 UDAYAGIRI, MYSURU PRESENT R/AT SYED AHAMED YELLEMALA KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT PIN : 571303 (BY SRI. SANATH KUMARA K M., ADVOCATE) ...APPELLANTS AND:

1. SYED MUKABUL SYED HABIB MAJOR, R/AT NO. 454/1, BELAVETHA VILLAGE, KESARE MYSURU PIN : 570079

2. THE BRANCH MANAGER THE TATA AIG GENERAL INSURANCE CO LTD NO 374, SUNNI CENTER, 1ST FLOOR, NEW KALIDASA ROAD VIJAYANAGAR MYSURU PIN : 570049 (BY SRI. PRADEEP, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 17.6.2025) ...RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2017 PASSED IN MVC NO.413/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION OF COMPENSATION. ENHANCEMENT SEEKING AND THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 4 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR ORAL JUDGMENT

1. The above appeals are filed impugning the judgment and award dated 31.01.2017 passed in MVC No.413/2015 by the Senior Civil Judge & JMFC First Class., Kollegal1.

2. The sole question that arises for consideration in the above appeals is with regard to the quantum of compensation.

3. The deceased was aged 16 years as on date of accident i.e., as on 27.09.2015. The deceased was employed as a helper in a hardware store. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the deceased at `5,000/ p.m. However, the notional income of the deceased, having regard to the date of the accident, is reassessed as `9,000/-p.m. The appropriate multiplier to be applied is '18'.

4. Since the deceased is a bachelor, 50% is required to be deducted towards personal expenses. 40% is required to be added towards future prospects having regard to the judgment of Hon'ble Supreme Court in the case of NATIONAL 1 hereinafter referred to as the 'Tribunal' - 5 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR INSURANCE COMPANY LIMITED -V- PRANAY SETHI & OTHERS2.

5. In view of the aforementioned, the loss of dependency is re-assessed as (`9,000/- - 50% x 40% x 12 x 18) = `13,60,800/-.

6. The claimant Nos.1 and 2 are the parents of the deceased and are entitled to loss of consortium in terms of judgment of the Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others3 at `40,000/- each together with increment at 20%. Accordingly, the loss of consortium is reassessed at (`48,000/-x 2) ` 96,000/-.

7. Loss of estate and funeral expenses is to be awarded at ₹15,000/- each together with increment at 20%. Accordingly a sum of `18,000 each is awarded towards the same. 2 (2017) 16 SCC 680 3 (2018) 18 SCC 130 - 6 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR

8. The Tribunal has recorded a finding that the claimants have incurred medical expenses of `64,845/-. Hence, the medical expenses rounded off as `65,000/-.

9. Accordingly, the compensation is re-assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded this Court (`) 1 2 3 4 5 6 7 Loss of dependency 8,10,000.00 13,60,800.00 Loss of consortium - 96,000.00 Loss of estate 00 18,000.00 Funeral expenses/ceremony Transportation of dead Loss of love and affection 25,000.00 18,000.00 5,000.00 75,000.00 00 00 Medical expenses 64,845.00 65,000.00 Total 9,79,845.00 15,57,800.00

10. Accordingly, the Claimants are entitled to enhanced compensation of (`15,57,800/- - `9,79,845.00/-) = `5,77,955/-. - 7 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR

11. It is noticed that the Tribunal has awarded interest at 6% pa. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court.

12. In view of the aforementioned, I pass the following ORDER i) MFA No.4620/2017 filed by the insurer and MFA No.7202/2016 filed by the claimants are partly allowed; ii) The judgment and award dated 31.01.2017 passed in MVC No.413/2015 is modified to the extent stated hereinabove. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The claimants-appellants in MFA No.7202/2017 are entitled to a further compensation of `5,77,955/- together with interest @ 7% per annum from the date of petition till the date of realization in addition the compensation awarded by the Tribunal. iv) The appellant – insurer in MFA No.4620/2017 is liable to pay the compensation awarded by the - 8 - NC: 2026:KHC:1085 MFA No. 4620 of 2017 C/W MFA No. 7202 of 2017 HC-KAR Tribunal as also the enhancement made by this Court. v) The amount in deposit in MFA No.4620/2017 be transmitted to the Tribunal in terms of the award of the Tribunal. vi) Registry to draw modified decree. No costs. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 36