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2024 Supreme(Online)(KAR) 19872
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.6894 OF 2018 (MV-D)
BETWEEN:
1. SMT. NEELAMMA W/O LATE RAMAPPA, AGED ABOUT 48 YEARS, 2. PAVITHRA D/O LATE RAMAPPA AGED ABOUT 25 YEARS, 3. MADHU KUMAR S/O LATE RAMAPPA AGED ABOUT 23 YEARS, ALL ARE R/AT NO.4/12, SHANKARANARAYANAPURA VILLAGE, KUNDHUMARANAPPLI POST, DENAKANIKOTAI TALUK KRISHNAGIRI DISTRICT – 635 113.
…APPELLANTS Digitally signed by JAI JYOTHI J (BY SMT. NITHYA. V FOR Location: HIGH SRI. PRAKASH M H, ADVOCATE)
COURT OF KARNATAKA AND:
1. ICICI LOMBARD GEN INS. CO. LTD., NO.121, 9TH FLOOR, THE ESTATE BUILDING DICKENSON ROAD/M.G ROAD, BANGALORE – 560 042 BY ITS MANAGER
2. P. LATHA W/O PARTHASARATHI K.P., SARATHI BUILDERS PVT. LTD., NO.D1419, 5TH MAIN, 20TH CROSS
7TH SECTOR, HSR LAYOUT BANGALORE - 560 002.
…RESPONDENTS (BY SRI. A.N. KRISHNASWAMY ADVOCATE FOR R1 R2- SERVED UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO. 3392/2016 ON THE FILE OF THE XXI ACMM, & XXIII ASCJ, MACT, COURT OF SMALL CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimants seeking enhancement of compensation awarded by MACT, Court of Small Causes, Bengaluru, vide judgment and award dated
04.09.2017 in MVC No.3392/2016.
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 |
| Loss of dependency |
| Loss of consortium |
| Loss of love and affection |
| Towards transport and funeral expenses |
| Total |
5. The Tribunal while determining the compensation has not adopted the correct parameters. Hence, claimants are entitled for compensation.
6. In the present case, the deceased died in the accident that occurred on 16.03.2016, who was aged 51 years, working as agriculturist and managing dairy farm. In the absence of proof of income, as per provisions of KSLSA the notional income for the year 2016 is ought to be taken as Rs.9,500/- per month. Since the deceased was 51 years, 10% income has to be added towards ‘future prospects in life’. The appropriate multiplier is ‘11’. The claimants being wife, daughter and son, 1/3rd of income has to be deducted towards his personal and living expenses. Therefore, loss of dependency is reassessed and quantified as under:
Rs.9,500/- + 10% (Rs.950/-) = Rs.10,450/-
Rs.10,450/- X 2/3rd x 11 x 12 = Rs.9,19,599.99 rounded off to Rs.9,19,600/-.
7. The Tribunal has awarded compensation of Rs.1,00,000/- towards ‘loss of consortium’ and Rs.1,00,000/- towards ‘loss of love & affection’. 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 & OTHERS1, each claimant is entitled for Rs.40,000/- towards ‘loss of consortium’. In the present case, there are three dependants. Therefore, compensation of Rs.1,32,000/- [Rs.40,000/- x 3 dependants + 10% escalation) is awarded under the head ‘loss of consortium’.
8. The compensation of Rs.16,500/- is awarded towards ‘funeral expenses and transportation of dead body’
as against Rs.25,000/- awarded by the Tribunal.
9. The compensation of Rs.16,500/- is awarded towards ‘loss of estate’, which is not awarded by the Tribunal.
10. Thus, in all, the appellants/claimants are entitled for total compensation under various heads as follows:
| Particulars | Rs. | Awarded by Tribunal | Awarded by this Court |
| Loss of dependency | Rs. | 7,04,088/- | 9,19,600/- |
| Loss of consortium including loss of love and affection | Rs. | 2,00,000/- | 1,32,000/- |
| Funeral expenses and transportation of dead body | Rs. | 25,000/- | 16,500/- |
| Loss of estate | Rs. | -- | 16,500/- |
| TOTAL | Rs. | 9,29,100/- 10,84,600/- |
11. The Tribunal has awarded compensation of Rs.9,29,100/-, but the appellants/claimants are entitled to total compensation of Rs.10,84,600/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.1,55,000/- (Rs.10,84,600/- - Rs.9,29,100/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.1,55,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.
12. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
04.09.2017 passed by MACT, Court of Small Causes, Bengaluru, in MVC No.3392/2016, is modified to the extent that the appellants/claimants are entitled to enhanced compensation of Rs.1,55,500/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.
iii. However, the appellants/claimants would not be entitled to interest for the delay period of 245 days in filing the appeal.
iv. No order as to costs.
v. Registry to send back the trial court records to the jurisdict
