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MFA No. 6704 of 2013

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

MISCELLANEOUS FIRST APPEAL NO.6704 OF 2013(MV-I)

BETWEEN:

1.

SRI. G. PEDDY REDDY,

AGED ABOUT 59 YEARS,

S/O G. KESHAVA REDDY,

2.

SRI. G. JAYAPRAKASH REDDY,

AGED ABOUT 33 YEARS,

S/O G. PEDDY REDDY,

BOTH R/AT NO.9/268,

NEAR SRIDEVI THEATRE,

DHARMAVARAM,

ANANTHAPUR DISTRICT,

ANDRA PRADESH - 201.

&APPELLANTS

(BY SMT. SUGUNA R REDDY.,ADVOCATE)

AND:

1.

GENERAL MANAGER,

M/S. H.C.L. TECHNOLOGIES LIMITED,

SURYA SAPHINE, PLOT NO.3,

1ST PHASE, ELECTRONIC CITY,

BENGALURU - 560 051.

2.

THE BRANCH MANAGER,

M/S RELIANCE GENERAL INSURANCE CO. LTD.,

NO.4/3/1 AND 3/2M, MAHINDRA TOWERS,

Digitally

signed by

PANKAJA S

Location:

High Court

of Karnataka

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MFA No. 6704 of 2013

2ND MAIN, 3RD BLOCK,

JAYANAGAR,

BENGALURU - 560 061.

&RESPONDENTS

(BY SRI. ASHOK N PATIL, ADVOCATE FOR R2;

R1 IS SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 13.2.2013 PASSED IN MVC

NO.28/2009 ON THE FILE OF THE SENIOR CIVIL JUDE, CJM,

MEMBER,

ADDITIONAL

MACT,

CHICKBALLAPUR,

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

1.

The claimants are in appeal challenging the award of

Rs.59,500/- granted by the Tribunal for the death of

Smt.Subhadramma, a 55 year old.

2.

The Tribunal has restricted the award to Rs.50,000/-

taking into consideration the Clause in the policy which is

stated to have limited the liability of the insurer to

Rs.50,000/-.

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MFA No. 6704 of 2013

3.

It is not in dispute that the car in question was

covered under a package policy and it is settled law that

the inmates of the car would automatically be covered and

the insurance company cannot restrict its liability to any

pre-determined sum as held by the Apex Court in the case

of

National

Insurance

Company

Limited

Vs.

Balakrishnan

and

Ors

-

2013(1)

SCC

731.

Consequently, the finding of the Tribunal to that extent is

set-aside and it is held that the insurer would be liable to

pay the entire compensation that the claimant would be

entitled to.

4.

As far as the compensation is concerned, the

Tribunal has determined the notional income of the

deceased at Rs.3,000/- per month, since there was no

evidence. In such cases a sum of Rs.5,000/- fixed by the

Karnataka State Legal Services Authority, for the year

2009 would have to be applied. To the said sum 10%

would have to be added towards future prospects, which

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MFA No. 6704 of 2013

would result in Rs.5,500/- per month. Out of the said

sum, 1/3rd is to be deducted towards personal expenses

of the deceased, which would result in a sum of Rs.3,667/-

As the deceased was 55 years appropriate multiplier would

be '11'. Consequently, the claimants would be entitled to a

sum of Rs.3,667 x 12 x 11 = Rs.4,84,044/- towards 8loss

of dependency9.

5.

The claimants being the husband and the son, each

of them would be entitled to a sum of Rs.44,000/- ie.,

Rs.44,000

x

2

=

Rs.88,000/-

towards

<loss

of

consortium= and they would also be entitled to a sum of

Rs.33,000/- under the <conventional heads=.

6.

Thus, the claimants, in modification of the impugned

award, would be entitled to the following sums

Sl.

No.

Particulars

Amount

in (Rs.)

1.

Loss of Dependency

4,84,044

2.

Loss of Consortium

88,000

3.

Conventional Head

33,000

Total

6,05,044

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MFA No. 6704 of 2013

7.

The appeal is thus, allowed in part.

8.

The claimants would be entitled for compensation of

Rs.6,05,044/-, along with interest at the rate of 6% per

annum from the date of p