The High Court
Case Details
- 1 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.8977 OF 2019 (MV-D) BETWEEN: 1. SRI. RUDRE GOWDA S/O LATE BHOJE GOWDA AGED ABOUT 61 YEARS, 2. SMT. PARVATHAMMA W/O RUDRE GOWDA AGED ABOUT 51 YEARS, BOTH ARE R/AT CHOWDANAHALLI VILLAGE NYAMANAHALLI POST, HONEKERE HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT – 571 431 (BY SRI. A S GIRISH, ADVOCATE) …APPELLANTS AND: 1. SRS TRAVELS REPTD BY ITS PROPRIETOR, NO.321/3, TSP ROAD, KALASIPALYAM BANGALORE – 560 002 (OWNER OF TAVERA BEARING NO.KA-01-AB-723) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 2. NEW INDIA ASSURANCE COMPANY LIMITED, NO.8/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M G ROAD, BANGALORE – 560 001 BY ITS MANAGER (INSURER OF TAVERA BEARING NO.KA-01-AB-723)
Legal Reasoning
(BY SRI. B.R.VENKATESH KAMATH, ADVOCATE FOR R2; R1-SERVED) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ENHANCE THE COMPENSATION AWARDED BY THE MEMBER, PRINCIPAL MACT, BENGALURU IN MVC NO.956/2018, JUDGMENT AND AWARD DATED 28.02.2019 BY ALLOWING THIS APPEAL WITH COST THROUGHOUT AND SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT MAY BE DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.M.NADAF - 3 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 ORAL JUDGMENT This appeal is filed by the appellants/claimants seeking enhancement of the compensation awarded by the Tribunal in MVC.No.956/2018, dated 28.02.2019, on the file of the Chief Judge, Court of Small Causes And Member Principal Motor Accident Claims Tribunal at Bangalore. 2. The parties shall be referred as per their rankings before the Tribunal for easy reference. 3. The appellants/claimants filed a petition seeking compensation in respect of death of Sri.Ananda Kumar C.R., in a road traffic accident on 11.10.2017. The date of accident, involvement of the vehicle, death occasioned and the liability are not in dispute. The only question is on the quantum of compensation awarded by the Tribunal in the impugned judgment. 4. Learned counsel for the appellants/claimants submits that the year of the accident being 2017, the Tribunal has erroneously taken the income of the deceased - 4 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 at Rs.9,000/- p.m. It is his further contention that the deceased was working as a Driver, having a valid Driving License, which was marked as Exhibit-P8 i.e., which was not seriously disputed by the insurance company before the Tribunal. The details of Exhibit-P8 are stated by the Tribunal at para-18 of its judgment. He further submits that the deceased being a driver, which is a skilled work, the income should have been taken as claimed by the claimants before the Tribunal i.e., Rs.20,000/- p.m., or atleast by considering Rs.500/- per day, which would comes to Rs.15,000/- per month. Therefore, the compensation awarded by the Tribunal requires to be modified by awarding suitable enhancement. 5. Refuting the submissions of the learned counsel for the appellants, the learned counsel for the respondent - Insurance Company submits that the Tribunal has properly considered the case of the claimants and awarded proper compensation on the basis of the record and he also submits that the deceased was an in-patient for a - 5 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 considerable period of time and the Tribunal considering the same has awarded compensation under the head ‘medical expenses’ as claimed by the appellants and supports the impugned judgment and award passed by the Tribunal and submits that the appeal be dismissed as the compensation awarded by the Tribunal is just and proper. 6. Heard the learned counsel for the parties and perused the material on record. The only point that arises for consideration in this appeal before this Court is as follows: “Whether the income taken by the Tribunal in the presence of the documents especially, Exhibit-P8, the Driving License showing as the deceased was working as a Driver, requires interference? 7. My answer to the above point is in affirmative for the reasons as follows: Admittedly, the deceased was a Driver having a valid Driving License, which was produced as Exhibit-P8 and was not seriously disputed by the insurance company - 6 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 before the Tribunal. The only question that would have to be considered is regarding the monthly income of the deceased. As per chart prepared by the Karnataka State Legal Services Authority, notional income recognized is Rs.11,000/- p.m. for the year 2017, in respect of ‘unskilled worker’. However, in the present case, the deceased was a Driver, being a skilled worker and the accident is of the year 2017, in these circumstances it is just and proper to take the monthly income at Rs.12,000/-. The claimant was aged 32 years as on the date of the accident and the appropriate multiplier applicable is ‘16’. Considering the fact that the deceased was a bachelor as on the date of the accident and the appellants/claimants are the parents of the deceased, the Tribunal has rightly deducted 50% of the income towards personal expenses. Further, in view of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD VS PRANAY SETHI1, 40% of the 1 2017 (16) SCC 680 - 7 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 income is to be added towards ‘loss of future prospects’. Therefore, the compensation under the head ‘Loss Of Dependency’ is recalculated and quantified as follows: (Rs.12,000 – 50% x 40%) x 16 x 12 = Rs.16,12,800/- 8. The compensation awarded by the Tribunal under all other conventional heads does not require any interference. However, in view of the judgment of the Hon’ble Apex Court in the case of RASMITA BISWAL & OTHERS VS. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER2, there shall be an enhancement of 10% on the conventional heads for each three years. Taking into consideration the same, the compensation awarded by the Tribunal towards ‘loss of estate’, ‘funeral and ritual expenses’ and ‘loss of consortium’, being Rs.1,10,000/-, the 10%+10% escalation works out to Rs.22,000/-. Accordingly, the point for consideration is answered. 2 (2022) 2 SC 767 - 8 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 9. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Loss of Dependency : Rs. 16,12,800/- 2. Loss of Estate : Rs. 18,000/- 3. Funeral Expenses : Rs. 18,000/- 4. Filial Consortium : Rs. 96,000/- 5. Medical Expenses : Rs. 9,15,000/- TOTAL : Rs. 26,59,800/- 10. The total compensation re-determined by this Court works out to Rs.26,59,800/- as against Rs.22,35,000/- awarded by the Tribunal. Hence, the appellants – claimants are entitled for an additional compensation of Rs.4,24,800/- (Rs. 26,59,800 – Rs. 22,35,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 - Insurance Company is directed to deposit the amount of total compensation within Six Weeks from the date of receipt of the certified copy of this judgment. - 9 - NC: 2025:KHC:12088 MFA No. 8977 of 2019 11. For the foregoing reasons, this Court proceeds to pass the following:
Decision
ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award passed by the Tribunal in MVC.No.956/2018 is modified; iii) the appellants – claimants are entitled for an additional compensation of Rs.4,24,800/- (Rs. 26,59,800 – Rs. 22,35,000) along with interest at 6% per annum from the date of filing of the petition till realization. iv) The enhanced compensation amount shall be deposited by the respondent No.2 - Insurance Company, within Six weeks from the date of receipt of a copy of this order. Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 11