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2024 Supreme(Online)(KAR) 7049
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.604 OF 2018 (MV-D)
BETWEEN:
1. SMT. SUSHEELA W/O LATE NAGARAJU H.P AGED ABOUT 51 YEARS
2. SMT ANUSHA H N D/O LATE NAGARAJU H.P MAJOR, 3. AKSHATHA H N D/O LATE NAGARAJU H P MAJOR
4. PUTTEGOWDA S/O NANJEGOWDA AGED ABOUT 71 YEARS RESIDENT OF HARIHARAPURA VILLAGE H N PURA TALUK HASSAN DISTRICT 573211 Digitally signed by RAMYA D
5. SMT. NINGAMMA Location: HIGH COURT OF W/O PUTTEGOWDA, KARNATAKA AGED ABOUT 61 YEARS RESIDENT OF HOUSE NO.85, HARIHARAPURA VILLAGE, H N PURA TALUK, HASSAN DISTRICT - 573 211 ALL ARE RESIDENT OF GOWRIKOPPALU VILLAGE, BAVI STREET, HASSAN – 573 201.
…APPELLANTS (BY SRI. CHETHAN B, ADVOCATE)
AND:
1. SRI.V.T.BABUREDDY S/O THIMMAREDDY MAJOR RESIDENT OF NINGASANDHRA, HOSURU ROAD, BANGALORE DISTRICT BANGALORE.
2. THE RELIANCE GENERAL INSURANCE CO LTD SRI. BALAJI ENCLAVE, NO782, 16TH MAIN, BTM LAYOUT, 2ND STAGE, BANGALORE – 560 075 REPRESENTED BY THE MANAGER RELIANCE GENERAL INSURANCE CO., LTD., KRUTHIKA ARCHED, N.R. CIRCLE, HASSAN CITY, HASSAN – 573 201.
…RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE;
R1-V/O DATED 12.01.2023 NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23/01/2016, PASSED IN MVC NO.610/2014, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants seeking enhancement of the compensation awarded by the Addl. Senior Civil Judge and Addl. MACT, Hassan, vide judgment and award dated 23.01.2016 in MVC No.610/2014.
2. The factum of accident, death of deceased and coverage of insurance are not in dispute.
3. Heard the arguments of both parties and perused the materials on record.
4. In the present case, the Tribunal has awarded compensation as under:
| Particulars | Amount in Rs. |
| Loss of dependency | 5,85,000/- |
| Loss of consortium | 50,000/- |
| Loss of Love and affection and guidance of their father to petitioner Nos.2 and 3 | 50,000/- |
| Loss of love and affection to petitioner Nos.4 and 5 | 20,000/- |
| Loss of estate | 25,000/- |
| Transportation of dead body and obsequies ceremony | 25,000/- |
| Medical expenses | 2,19,194 |
| Total | 9,74,194/- |
5. The Tribunal while determining the compensation has not adopted the correct parameters. Hence, claimants are entitled for enhancement of compensation.
6. The alleged accident has occurred on
27.12.2013 and one Sri.Nagaraju succumbed to the injuries sustained in the said accident. The claimants are the wife, two daughters and parents.
7. The Tribunal has taken the monthly income of deceased at Rs.5,000/- per month, but as per KSLSA the notional income for the accidents of the year 2013 was ought to be taken at Rs.8,000/- per month. Hence, the notional income of the deceased is taken at Rs.8,000/- per month.
8. The deceased was aged 50 years at the time of accident, therefore, 25% income has to be added towards loss of future prospects. The appropriate multiplier applicable is ‘13’. Even though there are 5 dependents, the Tribunal has deducted 1/4th of deceased’s income, since as per the judgment of Hon’ble Supreme Court in the case of SARLA VARMA v. DELHI TRANSPORT CORPORATION AND ANOTHER1 father is not dependent unless it is shown that he has no income of his own and as such father of deceased is not taken into consideration because no evidence was produced to show that he has no income of his own. Following the said principles, it is just and proper to deduct 1/4th of the deceased’s income in the present case also. Hence, loss of dependency is reassessed as under:
Rs.8,000/- + 25% (Rs.2,000/-) = Rs.10,000/-
Rs.10,000/- x ¾ x 13 x 12 = Rs.11,70,000/-
Thus, claimants are entitled for a compensation of Rs.11,70,000/- towards ‘loss of dependency’.
9. The Tribunal has awarded compensation of Rs.50,000/- towards ‘loss of love and affection’ to
appellant Nos.2 and 3 and Rs.20,000/- towards ‘loss of love and affection’ to appellant Nos.4 and 5 and a sum of Rs.50,000/- towards ‘loss of consortium’. The ‘loss of love and affection’ and ‘loss of consortium’ are having the same connotation. As per the judgment of Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS2, each claimant is entitled for Rs.40,000/- with 10% escalation towards ‘loss of consortium’. In the present case, there are five dependants. Therefore, compensation of Rs.2,20,000/- [Rs.40,000/- x 5 dependants + 10% escalation) is awarded under the head ‘loss of consortium’ including ‘loss of love and affection’.
10. The Tribunal has awarded compensation of Rs.25,000/- towards ‘funeral expenses and transportation of dead body’, which is on higher side and same is scaled
down to Rs.16,500/-. Hence, compensation of Rs.16,500/- is awarded towards ‘funeral expenses and transportation of dead body’.
11. The Tribunal has awarded compensation of Rs.25,000/- towards ‘loss of estate’, which is on higher side and same is scaled down to Rs.16,500/-. Hence, compensation of Rs.16,500/- is awarded towards ‘loss of estate’.
12. The Tribunal has awarded compensation of Rs.2,19,194/- towards ‘medical expenses’ based on the medical bills produced by the claimants, which needs no interference. Hence, same is kept intact.
13. Thus, in all, the appellants/claimants are entitled for total compensation und
