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.10436 OF 2018 (MV - I) BETWEEN 1. SRI. NANJUNDAPPA, S/O SRI. LATE RANGAPPA, AGED ABOUT 55 YEARS, R/O S-1448-68, RAMBABU, SOMADNDEPALLI, PENAGONDA TALUK, ANANTHAPUR – 515 122, A.P. STATE.
NOW RESIDING AT HIREHALLI VILLAGE, URDIGERE HOBLI, TUMAKURU TALUK.
2. SMT. RUPA @ SARASWATHI BAI, W/O GANAPATHI @ K. NAGARAJU, D/O NANJUNDAPPA, AGED ABOUT 26 YEARS, R/O. 8-1-91, TERU BAZARU, RAYADURGA, RAYADURGAM, ANANTHAPUR – 515 865, A.P. STATE.
3. SMT. S. SHARADA BAI, W/O PRABHAKARA @ S. VENKATARAMUDU, D/O NANJUNDAPPA, AGED ABOUT 25 YEARS, R/O 5-69, SNEHALATHA NAGAR, SOMANDEPALLE, ANANTHAPUR, A.P. STATE – 515 122.
(BY SRI. SATHISHA T., ADVOCATE) AND 1. SRI SRINIVASA MIRHRA, S/O SRI. H.V. GOVINDARAJA SHETTY, AGED ABOUT 28 YEARS, R/O PROP. OF S.L.R. TRAVELS, SHANKARAPURU EXTENSION, HULIYAR VILLAGE AND HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT.
(OWNER OF THE VEHICLE SRI. LAKSHMIRANGANATHA BUS BEARING REG.NO.KA-32 B-5997).
…APPELLANTS 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE, UPSTAIRS, OPP: RAMAMANDIRA, K.R. EXTENSION, K.R. ROAD, TUMAKURU CITY.
NOW REPRESENTED BY:
THE REGIONAL MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., THE REGIONAL OFFICE, NO.9, 2ND FLOOR MAHALAKSHMI CHEMBAR, M.G. ROAD, BENGALURU – 560 001.
…RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R2;
R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.09.2018, PASSED IN MVC NO.250/2016, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the appellants- claimants aggrieved by the impugned judgment and award dated 01.09.2018 passed by the Addl. Senior Civil Judge & M.A.C.T, Tumakuru in MVC.No.250/2016 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.9,48,000/- in favour of the appellant together with interest at 6% p.a. from the date of claim petition till realization on account of death of deceased Sugali Sushilamma @ Sushilamma in a road traffic accident that occurred on 30.08.2015.
2. Though the matter is listed for orders, 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 is not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. Appellant No.1 is the husband of deceased Sunil and appellant Nos. 2 and 3 are the daughters of deceased Sugali Sushilamma @ Sushilamma who died in fatal accident that occurred on 30.08.2015.
5. Learned counsel for the appellants-claimants submits that the Tribunal committed an error by taking notional income as Rs.6,120/- p.m. instead of Rs.9000/-p.m. as per the Lok adalat guidelines in view of the undisputed fact that the accident occurred during the year 2015.
6. Learned counsel also submits that the Tribunal committed error in not awarding sufficient compensation under the head ‘loss of consortium’ and towards ‘love and filal affection’ and the same requires enhancement. Thirdly, the Tribunal committed error in not awarding any compensation under the head ‘loss of estate’ and the appellants-claimants are entitled to enhanced compensation under this head also. Lastly, as held by the Apex Court in Pranay Sethi’s case, a sum of Rs.10,000/- was awarded by the Tribunal towards ‘Funeral Expenses’ deserves to be enhanced by another Rs.5,000/-.
7. Per contra, the learned counsel for the respondent No.2 would support the impugned order.
8. I have given my anxious consideration to the rival submissions of the learned counsel appearing for the parties.
9. As rightly contended by the learned counsel for the appellants-claimants, the Tribunal committed an error in taking the notional income as Rs.6,120/- p.m. instead of Rs.9,000/- p.m. However, the Tribunal added 40% towards ‘future prospects’ in view of the undisputed fact that the deceased was aged about 40 years as on the date of the accident. Thus, taking the notional income as Rs.9,000/- p.m. and adding 40% towards ‘future prospects’ and deducting one-third in view of the deceased being three dependents, the appellants-claimants would be entitled to total sum of Rs.15,12,000/- as hereunder:
8400x12x15= Rs.15,12,000/-
10. As held by the Apex Court in the case of Magma General Insurance Co.Ltd. V. Nanu Ram reported in 2018 SCC online SC 1546, and reiterated by the Division Bench of this Court in MFA No. 1100/2019 c/w MFA No.663/2019 dated 12.07.2019 and in MFA No.879/2014 dated 27.08.2019, the appellants-claimants would be entitled to an additional enhanced compensation in a sums of Rs.40,000/- and Rs.60,000/- under the heads ‘’loss of consortium’ and ‘love and affection’.
11. Learned counsel for the appellants-claimants is correct in submitting that the Tribunal in not awarding any compensation towards ‘loss of estate’. I deem it fit and proper to award Rs.15,000/- as held by the Apex Court in the case of National Insurance Company Limited V. Pranay Sethi and Ors., reported in (2017) 16 SCC 680, under this head. Lastly, the compensation awarded by the Tribunal under the head ‘funeral expenses’ is to be enhanced by Rs.5,000/-.
12. Thus, the appellants-claimants are entitled to total compensation of Rs.16,42,200/- as hereunder:
The Tribunal having already awarded compensation in a sum of Rs.9,48,000/-, the appellants-claimants are entitled to an additional enhanced compensation of Rs.6,94,000/- (Rs.16,42,000/- - Rs.9,48,000/-) together with interest at 6% p.a. from the date of claim petition till realization.
13. In view of the following, I pass the following:
ORDER (i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 01.09.2018 passed by the Addl. Senior Civil Judge & M.A.C.T, Tumakuru in MVC.No.250/2016, is hereby modified.
(iii) The appellants-claimants would be entitled to additional enhanced compensation of Rs.6,94,000/- together with 6% interest from the date of claim petition till realization.
(iv) The additional enhancement compensation amount is directed to be released in favour of the appellants-claimants.
Sd/- JUDGE SSD