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2024 Supreme(Online)(KAR) 20706
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2264 OF 2019(MV-D)
BETWEEN:
1. SMT. KARIYAMMA, AGED ABOUT 48 YEARS, W/O H.V. NAGARAJU.
2. SRI. H.V. NANDAN KUMAR, AGED ABOUT 25 YEARS, S/O H.V. NAGARAJU.
3. SRI. H.N. LAKSHMIKANTH, AGED ABOUT 23 YEARS, S/O H.V. NAGARAJU.
4. SRI. YESHESWINI, AGED ABOUT 20 YEARS, D/O H.V. NAGARAJU.
APPELLANTS NO.1 TO 4 ARE R/AT NO.179, TUDA LAYOUT, RAJIVGANDI NAGAR, Digitally signed by JAI JYOTHI J MELEKOTE, MARALUR, Location: HIGH COURT TUMKUR DISTRICT - 572 102.
OF KARNATAKA AND ALSO AT NO.52/1, BGT ROAD, BTM LAYOUT, BANGALORE - 560 028.
…APPELLANTS (BY SRI. A. SAMPATH, ADVOCATE)
AND:
1. HDFC ERGO GENERAL INSURANCE CO LTD., REGIONAL OFFICE AT NO.25/1, 2ND FLOOR, SHANKARANARAYANA BUILDING, BUILDING NO.2, M.G.ROAD, BANGALORE - 560 001.
2. M.K. AGROTECH PVT.LTD., NO.389, M.K. AGROTECH PVT LTD, KAVERI LAYOUT, M.B. ROAD, SRIRANGAPATNA, MANDYA DISTRICT - 571 477.
REP. BY ITS MANAGING DIRECTOR.
…RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R1;
R2 - NOTICE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.22/09/2018, PASSED IN MVC NO.5661/2017, ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM., COURT OF SMALL CAUSES AND MACT, BENGALURU (SCCH-13), 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 appellants/claimants challenging the judgment and award dated 22.09.2018 passed in MVC.No.5661/2017 by the Additional Small Causes Judge and the Motor Accident Claims Tribunal at Bengaluru (SCCH-13), for seeking enhancement of compensation.
2. The factum of accident, death of the deceased and coverage of insurance are not in dispute.
3. Heard the arguments of both sides and perused the records.
4. In the present case, the Tribunal has awarded the compensation as under:
| Particulars | Amount |
| Loss of dependency | Rs.11,70,000/- |
| Loss of consortium | Rs.40,000/- |
| Transportation of dead body and funeral expenses | Rs.15,000/- |
| Towards loss of estate | Rs.15,000/- |
| Total | Rs.12,40,000/- |
5. The Tribunal while determining the compensation has not adopted the correct parameters. Hence, claimants are entitled for enhancement of compensation.
6. In the present case, the deceased was aged about 50 years and was working as a driver. The accident was caused on 06.07.2017, therefore, notional income of the deceased ought to be taken at Rs.11,000/-p.m. The Tribunal has taken the age of the deceased as 49 years as per Ex.P-6-ration card. The learned counsel for respondent No.1-Insurance Company submitted that the age of the deceased is 50 years, therefore submitted 10% income ought to be taken towards ‘loss of future prospectus in life’.
7. The Tribunal has not added income towards ‘loss of future prospectus in life’. Ex.P-6 is the ration card showing the age of deceased as 49 years. Therefore, as on the date of accident, it is proved that the deceased has not completed age of 49 years. Therefore, the appropriate multiplier applicable is ‘13’. Further 25% of income is to be added towards ‘loss of future prospects of life’
considering age as 49 years.
8. The claimants are wife and three children of the deceased. Though, the children are major running the age of 20 to 25 years, but still they are unmarried. Hence, they are depending on the income of the deceased. Therefore, considering the size of the family of the deceased, 1/4th of income is to be deduced towards ‘personal and living expenses’. Therefore, compensation under the head loss of dependency is re-assessed and quantified as under:
Rs.11,000/- + Rs.2,750/- (25% of Rs.11,000/-) = Rs.13,750/-
Rs.13,750/- X 3/4 X 13 X 12 = Rs.16,08,750/-
Thus, appellants/claimants are entitled for compensation of Rs.16,08,750/- towards ‘loss of dependency’.
9. The Tribunal has awarded compensation of Rs.40,000/- towards ‘loss consortium’, which is on the lower side. There are totally four legal dependants of the deceased. Hence, as per the judgment of the Hon’ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM & OTHERS1 and NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI,2 (Pranay Sethi’s case (supra)), the appellants/claimants are entitled to Rs.40,000/- each with 10% escalation under the head
‘loss of consortium’ including ‘loss of love and affection’. Accordingly, compensation of Rs.1,76,000/- (Rs.40,000/- x 4 legal dependents + 10% escalation) is awarded under the head loss of consortium including loss of love and affection.
10. The Tribunal has awarded compensation of Rs.15,000/- towards ‘loss of estate’, which is on lower side. Therefore, compensation of Rs.16,500/- (15,000/-
+ 10% escalation) is awarded towards ‘loss of estate’. 11. The Tribunal has awarded compensation of Rs.15,000/- towards ‘transportation of dead body and funeral expenses’, which is on lower side. Therefore, compensation of Rs.16,500/- (15,000/- + 10% escalation) is awarded towards ‘transportation of dead body and funeral expenses’.
12. Thus, in all, the appellants/claimants are entitled for total compensation under various heads as follows:
| Particulars | Rs. | Awarded by the Tribunal |
| Loss of dependency | Rs. | 11,70,000/- |
| Loss of consortium including loss of love and affection | Rs. | 40,000/- |
| Loss of estate | Rs. | 15,000/- |
| Transportation o | ||
