MFA No.200726 OF 2020

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 28^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

M.F.A. NO.200726 OF 2020 (MV)

BETWEEN:

THE MANAGER

M/S RELIANCE GEN.INS. CO, LTD,

CTS 472-474, V.A.KALABURAGI

SKIVAR, DESAI CROSS

DESHAPNDE NAGAR, HUBLI-580029

(NOW REPRESENTED BY AUTHORIZED

SIGNATORY-DESHAPANDE NAGAR

HUBLI )

...APPELLANT

(BY SMT : PREETI PATIL MELKUNDI, ADVOCATE)

AND:

1.

GANGADHAR BIRADAR

S/O BASAVANTAPPA

AGE:50 YEARS, OCC:AGRI

2.

MALLIKARJUN BIRADAR

S/O GANGADHAR BIRADAR

AGE:17 YEARS, OCC:STUDENT

MINOR C/O HIS NATURAL

FATHER GANGADHAR BIRADAR

BOTH R/O SIDDADEVARAPUR

PURADA ONI, HAVERI, TQ & DIST. HAVERI

MFA No.200726 OF 2020

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NOW R/O ADAPUR, TQ.LINGASUGUR

DIST.RAICHUR-584101.

3.

PAVANA UDAPUDI S/O BASAVARAJ

AGE:MAJOR, OCC:BUSINESS & LORRY

OWNER BEARING NO.KA-48/ 3801

R/O PAWAN TRANSPORT, MUDOL ROAD

LOKAPURA, POST.LOKAPUR, TQ.MUDOL

DIST.BAGALKOT-587101.

… RESPONDENTS

THIS MFA IS FILED UNDER SECTION 173(1) OF MV

ACT PRAYING TO SET-ASIDE THE IMPUGNED JUDGMENT

AND AWARD DATED 02.03.2020 IN MVC No.544/2018

PASSED BY THE SR.CJ AND MACT, LINGASUGUR.

THIS MFA COMING ON FOR ADMISSION THIS DAY,

THE COURT DELIVERED THE FOLLOWING:-

JUDGMENT

1.

The Insurance company is before this Court

assailing the Judgment of the Senior Civil Judge

and MACT (‘Tribunal’ for short) passed in MVC

No.544/2018 dated 2.03.2020.

2.

The Insurance company has only challenged the

quantum of compensation awarded by the

Tribunal to be on higher side. In that according

to Smt.Preethi Patil Melkundi, learned counsel,

MFA No.200726 OF 2020

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amount of Rs.10,000/- determined by the

Tribunal as monthly income of the deceased is

on

the

higher

side

and

the

amount

of

Rs.1,00,000/- on account of loss of love and

affection is also on the higher side.

3.

On account of the accident which occurred on

22.05.2017 one Girijamma who was travelling in

a mini bus suffered from fatal injuries and

expired, as regards which a claim petition was

filed.

4.

The Tribunal has taken Rs.10,000/- to be the

monthly income of the deceased. A perusal of

the income chart prepared for the purpose of

Lok-adalat for the year 2017 indicates the

notional income to be Rs.10,250/-, the amount

of Rs.10,000/- taken into consideration by the

Tribunal cannot be said to be on the higher side.

MFA No.200726 OF 2020

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As such, the said contention of the Insurance

company is rejected.

5.

The

Tribunal

has

awarded

a

sum

of

Rs.1,00,000/- towards loss of love and affection.

Though termed as loss of love and affection, the

same is awarded towards loss of consortium to

the claimants viz., husband and minor son of the

deceased. In terms of the decision of the Apex

Court

in

the

case

of

MAGMA

GENERAL

INSURANCE COMPANY LIMITED VS. NANU RAM

@ CHUHRU RAM reported in (2017) 16 SCC 680,

a sum of Rs.40,000/- is required to be awarded,

however the Tribunal has awarded a sum of

Rs.1,00,000/-.

6.

Taking into consideration that wife and mother

of the 2^nd claimant has expired, I find no reason

MFA No.200726 OF 2020

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to interfere with the awardal of Rs.1,00,000/-

towards loss of love and affection.

Hence, the appeal stands dismissed.

Sd/-

JUDGE

ln