IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA No.3826/2016 (MV) BETWEEN:
THE ORIENTAL INSURANCE CO. LTD SRI VINAYAKA COMPLEX 1ST CROSS, GARDEN AREA SHIVAMOGGA REPRESENTED BY THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD REGIONAL OFFICE 2ND FLOOR, SUMANGALA COMPLEX LAMINGTON ROAD HUBLI – 580 020 (BY SRI. M.NARAYANAPPA, ADV.) AND:
1. SMT. KUSUMA W/O LATE T.K.UMESHA AGED ABOUT 44 YEARS HOME MAKER 2. SMT. ASHWINI D/O LATE UMESHA AGED ABOUT 27 YEARS 3. SMT. ARPITHA D/O LATE UMESHA ... APPELLANT AGED ABOUT 27 YEARS ALL ARE R/O THEVARACHATNAHALLI VILLAGE, SHIVAMOGGA TALUK – 577 201 4. SRI. M.JAGANNATHA S/O MYLARAPPA AGED ABOUT 50 YEARS PARTNER OF SRI.LAKSHMI TRANSPORT PARK EXTENSION, DURGIGUDI SHIVAMOGGA CITY ALSO R/AT ‘SRI LAKSHMI NILAYA’ ‘A’ BLOCK, A-70, 9TH MAIN, 10TH CROSS, GOPALA GOWDA EXTN., SHIVAMOGGA – 577 201 (OWNER OF LORRY BEARING REGN. NO.KA-14-A-5572) 5. SRI.MADHU T S/O THIMMAPPA AGED ABOUT 25 YEARS R/O CHANNAMUMBAPURA VILLAGE SHIVAMOGGA TALUK – 577 201 (DRIVER OF LORRY BEARING REGN. NO.KA-14-A-5572) ... RESPONDENTS (BY SRI. K.B.MONESH, ADV. FOR R1 TO R3;
NOTICE TO R4 & R5 DISPENSED WITH VIDE ORDER DATED 25.10.2017) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.01.2016 PASSED IN MVC NO.526/2015 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE & AMACT – 2, SHIVAMOGGA, AWARDING A COMPENSATION OF RS.9,72,003/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is by the insurer challenging quantum of compensation awarded by the Tribunal.
2. Heard the learned counsel for the parties.
Perused the records.
3. The only ground urged by the appellant is that the Tribunal has committed an error in awarding Rs,50,000/- towards ‘loss of consortium’. By referring the judgment of Hon’ble Supreme Court in the case of ‘Rajesh and Others v. Rajbir Singh and Others’ reported in ‘(2013) 9 SCC 54’, learned counsel submits that as per the judgment of the supreme Court, when the age of the deceased is less than 40 years, the claimant are entitled for 50% and when the age of the deceased is between 40 and 50 years, the claimants are entitled to 30% towards ‘future prospects’, whereas the deceased was aged about 54 years at the time accident. Under these circumstances, the claimants are not entitled for compensation towards future prospectus either 50% or 30%.
4. The Tribunal has added 15% towards the ‘future prospects’ as the deceased was in the age group of 50-60 years. If the income of the deceased is assessed at Rs.10,000/- per month as claimed by the claimants, it result in no reduction of compensation. In fact, in the decision referred to, Rs.1,00,000/- was awarded towards ‘loss of consortium’. Hence, there is no ground to interfere with the judgment passed by the Tribunal.
5. Accordingly, the appeal is disposed of.
6. The amount in deposit is ordered to transmitted to the Tribunal.
Sd/- JUDGE VM