IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.2171 OF 2018 (MV) BETWEEN 1. SMT.H.R. REKHA W/O LATE RAJU AGED 42 YEARS C/O KANNADA APANNA BAVALI VILLAGE AND POST MADIKERI TALUK – 571 201.
2. SRI.H.R.AKSHAYA S/O LATE RAJU AGED 21 YEARS.
3. SRI.H.R.AJITH S/O LATE RAJU AGED 18 YEARS.
4. SRI.H.R.ARPITHA D/O LATE RAJU AGED 16 YEARS.
ALL ARE RESIDING AT KAVERI COLONY KATTEMADU VILLAGE MARGODU POST MADIKERI TALUK KODAGU DISTRICT – 571 201.
APPELLANTS NO.3 AND 4 BEING MINORS REPRESENTED BY THEIR MOTHER SMT H.R.REKHA W/O LATE RAJU, AGED 42 YEARS C/O KANNANDA APPANNA BAVALI VILLAGE AND POST MADIKERI TALUK – 571 201.
5. SMT.H.V.SUBBI AGED 83 YEARS W/O LATE H.L.VADDA R/AT KAVERI COLONY KATTEMADU VILLAGE MARGODU POST, MADIKERI TALUK KODAGU DISTRICT – 571 201.
(BY SRI. RAJARAM.S, ADVOCATE) AND …APPELLANTS 1. SRI.N.R.BELLIYAPPA S/O RAMAIAH HARADUR VILLAGE AND POST SUNNTICOPPA HOBLI SOMWARPET TALUK KODAGU DISTRICT – 571 201.
2. THE PRESIDENT OF TAPE AND PS LIMITED MURNADU, MADIKERI TALUK KODAGU DISTRICT – 571 201.
3. THE MANAGER UNITED INDIA INSURANCE CO.LTD., COLLEGE ROAD MADIKERI – 571 201.
…RESPONDENTS (BY SRI. N.S.NANAIAH, ADVOCATE FOR R-1 & R-2 SRI. M.V.CHANDRASHEKAR REDDY, ADVOCATE FOR R-3) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.10.2017, PASSED IN MVC NO.204/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 23.10.2017 passed by the learned Senior Civil Judge and MACT, Madikeri (for short ‘the Tribunal’), in M.V.C.No.204/2015 awarding a sum of Rs.7,15,000/- together with interest at 9% p.a., from the date of petition till the date of deposit on account of the death of the deceased in a road traffic accident that occurred on 02.07.2015.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the claimants submits that the Tribunal committed an error in awarding inadequate and insufficient compensation under the various heads.
5. Per contra, learned counsel for the insurance company would support the impugned judgment and award.
6. As rightly contended by the learned counsel for the appellants-claimants, the Tribunal committed an error in taking the notional income of the deceased as Rs.5,000/- instead of Rs.9,000/- per month in the light of the Lok Adalat guidelines since the accident occurred in the year 2015. He is also correct in contending that the Tribunal erred in not adding 25% of future prospects to the income as per the law laid down by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others (2017) 16 SCC 680. As there were four dependents, 1/4th of income of deceased has to be deducted towards personal expenses. Hence, the compensation under the head ‘loss of dependency’ comes to Rs.14,17,416/- (Rs.8,437/- x 12 x 14).
7. Considering the principles laid down by the Apex Court in Magma General Insurance Company Limited vs. Nanu Ram & Others (2018) 18 SCC 130 and the Division Bench of this Court in M.F.A.No.1100/2019 & connected matter disposed of on 12.06.2019, the claimants are entitled to an additional sum of Rs.1,10,000/- towards ‘loss of consortium’. The claimants are also entitled to a sum of Rs.15,000/- each towards ‘loss of estate’ and ‘Funeral and transportation of dead body’.
8. Thus, the total compensation would have to be reworked as hereunder:
1 Loss of dependency Rs.14,17,416/-
2 Loss of consortium Rs.1,30,000/-
3 Loss of estate Rs.15,000/-
4 Funeral and transport- tation of dead body Rs.15,000/-
Total 15,77,416 9. Since the Tribunal has awarded a compensation of Rs.7,15,000/-, the appellants – claimants would be entitled to an additional enhanced compensation of Rs.8,62,416/- (Rs.15,77,416/- - Rs.7,15,000/-) with interest at 6% p.a.
10. In view of the aforesaid discussion, I pass the following order:
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 23.10.2017 passed by learned Senior Civil Judge and MACT, Madikeri in M.V.C.No.204/2015 is hereby modified.
(iii) The appellants-claimants are entitled to additional enhanced compensation of Rs.8,62,416/- which shall carry interest at 6% p.a. from the date of claim petition till the date of realization.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sd/- JUDGE bnv