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2024 Supreme(Online)(Kar) 37141
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.970 OF 2019 (MV-D)
BETWEEN:
1. SMT. NARASAMMA W/O M.K. PRAKASH NAYAKA, AGED ABOUT 24 YEARS, 2. ISHWARYA D/O M K PRAKASH NAYAKA, AGED ABOUT 3 YEARS, 3. HARSHA S/O M.K. PRAKASH NAYAKA, AGED ABOUT 5 YEARS, APPELLANTS NO.2 AND 3 ARE MINORS, REP, BYTHEIR NATURAL GUARDIAN MOTHER i.,e APPELLANT NO1.
Digitally signed
4. KENCHANAYAKA by RAMYA D S/O RANGANAYAKA Location: HIGH COURT OF AGED ABOUT 72 YEARS KARNATAKA
5. SMT GOWRAMMA W/O KENCHANAYAKA AGED ABOUT 67 YEARS, ALL ARE R/O MASTIHALLI, CHALUVANAHALLI POST, BANAVARA HOBLI, ARSIKERE TALUK – 573 103 HASSAN DISTRICT.
…APPELLANTS (BY SRI. JAGADEESH H.T, ADVOCATE)
AND:
1. MEGHARAJ S/O BASAVA HONNAPPA MUDAL, 2ND MAIN 67, HCRS, BELLIMANE COLONY, DASARAHALLI, BENGALURU – 560057.
2. THE MANAGER KOTAK MAHINDRA GENERAL INSURANCE CO LTD., 8TH FLOOR, ZONE - 4, KOTAK INFIENTI BUILDING NO 21, I.T. PARK, VIDHYA MARG MUMBAI – 400 097 REPRESENTED BY THE MANAGER KOTAK MAHINDRA GENERAL INSURANCE CO. LTD., NO 43, SENDRD TATA SILK FARM, JAYANAGARA, BENGALURU – 560 004 …RESPONDENTS (BY SRI. O. MAHESH ADVOCATE FOR R2;
R1- NOTICE D/W V/O DT: 01/09/2021)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2018 PASSED IN MVC NO.1665/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants challenging the judgment and award dated 07.12.2018 passed by Senior Civil Judge and MACT, Arsikere, in MVC No.1665/2017, seeking enhancement of compensation awarded by the Tribunal.
2. The factum of accident, death of 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 compensation as under:
| 1 | Loss of dependency | Rs.12,24,000/- |
| 2 | Loss of consortium to Petitioner No.1 | Rs.40,000/- |
| 3 | Towards transport and funeral expenses | Rs.30,000/- |
| 4 | Towards loss of estate | Rs.15,000/- |
| 5 | Towards love and affection to 4th petitioner | Rs.15,000/- |
| Total | Rs.13,24,000/- |
5. The Tribunal while determining the compensation has not adopted the correct parameters.
Hence, claimants are entitled for compensation.
6. The alleged accident has occurred on
06.06.2017 and one Sri.Prakash Nayaka sustained injuries in the said accident and died at J.C.Hospital, Arsikere. The claimants are the wife, two minor children and parents.
7. The Tribunal has taken the monthly income of deceased at Rs.8,500/- per month, but as per KSLSA the notional income for the accidents of the year 2017 was ought to be taken at Rs.11,000/- per month. Hence, the notional income of the deceased is taken at Rs.11,000/-
per month.
8. The Tribunal has not added income towards ‘loss of future prospects in life’. Deceased was 35 years. Therefore, 40% is to be added towards ‘loss of future prospects’ and the appropriate multiplier is ‘16’. Further
1/4th is to be deducted towards personal expenses.
Hence, loss of dependency is reassessed as under:
Rs.11,000/- + 40% (Rs.4,400/-) = Rs.15,400/-
Rs.15,400/- x ¾ x 16 x 12 = Rs.22,17,600/-
Thus, claimants are entitled for a compensation of Rs.22,17,600/- towards ‘loss of dependency’.
9. The Tribunal has awarded compensation of Rs.15,000/- towards ‘loss of love and affection’ to petitioner No.4 and Rs.40,000/- towards ‘loss of consortium’ to petitioner No.1. 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 claimants are entitled for Rs.40,000/- 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 compensation of Rs.33,000/- is awarded towards ‘funeral expenses and transportation of dead body’.
11. The compensation of Rs.16,500/- is awarded towards ‘loss of estate’. Therefore, only towards these conventional heads compensation is enhanced.
12. Thus, in all, the appellants/claimants are entitled for total compensation under various heads as follows:
| 1 | Loss of dependency |
| 2 | Loss of consortium including loss of love and affection |
| 3 | Funeral expenses and transportation of dead body |
| 4 | Loss of estate |
| 5 | Love and affection |
| TOTAL |
13. The Tribunal has awarded compensation of Rs.13,24,000/-, but the appellants/claimants are entitled to total compensation of Rs.24,87,100/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.11,63,100/- (Rs.24,87,100/- - Rs.13,24,000/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.11,63,100/- 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.
14. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated 07.12.2018 in MVC No.1665/2017 passed by the Senior Civil Judge & MACT, Arsikere, is modified to the extent that the appellants/claimants are entitled to enhanced compensation of Rs.11,63,100/- along with interest at the rate of 6% per
