IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.8256 OF 2018 (MV) BETWEEN 1. SMT. VARALAKSHMI, W/O LATE BHOOTHARAJU, AGED ABOUT 23 YEARS, 2. KUMARI YUKTHI, D/O LATE BHOOTHARAJU, AGED ABOUT 5 YEARS, 3. KUMARI KRUTHIKA, D/O LATE BHOOTHARAJU, AGED ABOUT 3 YEARS, 4. KUMARI, YOGYA D/O LATE BHOOTHARAJU, AGED 1½ YEAR APPELLANTS NO.2 TO 4 ARE MINORS REPRESENTED BY NATURAL GUARDIAN MOTHER FIRST FRIEND BY NAME VARALAKSHMI APPELLANT NO.1 5. SMT.JAYAMMA, W/O LATE KADURAPPA, AGED ABOUT 56 YEARS, ALL ARE R/O MOSARUKUNTE VILLAGE, GOWDAGERE HOBLI, SIRA TALUK – 572 137, TUMKUR DISTRICT.
(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND …APPELLANTS 1. THE UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, RAJA COMPLEX, DR. AMBEDKAR ROAD, SIRA TOWN - 572 137.
TUMAKURU DISTRICT. REPRESENTED BY ITS MANAGER.
2. SRI. RAVIKUMAR T S/O THIMMANNA B AGED ABOUT 46 YEARS, MOSARUKUNTE VILLAGE, MADDAKKANAHALLI POST GOWDAGERE HOBLI SIRA TALUK – 572 137, TUMKUR DISTRICT.
…RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R1;
R2 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:12.04.2018, PASSED IN MVC NO.453/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., ADDITIONAL MACT, SIRA, 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 12.04.2018 passed by the Senior Civil Judge and Additional MACT, Sira in MVC.No.453/2017 (hereinafter referred to as ‘Tribunal’ for short) whereby the Tribunal has awarded a total compensation in a sum of Rs.15,37,000/- in favour of the appellant together with interest at 9% p.a. from the date of claim petition till realization. The appellants-claimants are the wife, three minor children and mother of the deceased Bhootaraju who died in the fatal accident that occurred on 18.03.2017.
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. Learned counsel for the appellants-claimants submits that the Tribunal committed error in taking notional income as Rs.9,000/- p.m. instead of Rs.11,000/- p.m. Accordingly, the appellants would be entitled to a total sum of Rs.23,62,320/- under the head ‘loss of dependency’.
5. Learned counsel also submits that the Tribunal committed error in not awarding sufficient compensation under the head ‘loss of consortium’ and towards ‘love and filial 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.
6. Per contra, the learned counsel for the respondent No.1 would support the impugned order.
7. I have perused the impugned judgment and award and perused the material on record.
8. As rightly contended by the learned counsel for the appellants-claimants, the Tribunal committed in awarding in taking the notional income as Rs.9,000/-
p.m. instead of Rs.11,000/- p.m. as per the Lok Adalat guidelines. However, the Tribunal added 40% towards ‘future prospects’ in view of the undisputed fact that the deceased was aged about 27 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-fourth in view of there being five dependents, the appellants-claimants would be entitled to total sum of Rs.23,62,320/- as hereunder:
11,580x12x17= Rs.23,62,320/-
9. The Tribunal having awarded a sum of Rs.13,77,000/- under the head ‘loss of dependency’. The appellants-claimants would be entitled to additional compensation of Rs.9,85,320/- (Rs.23,62,320 – Rs.13,77,000) under the head ‘loss of dependency’.
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. Appellant- claimant No.1 being the wife of the deceased would be entitled to Rs.40,000/- towards ‘spousal consortium’. So also appellants-claimants No.2 and 4 who are the minor children of the deceased each of them would be entitled to a sum of Rs.30,000/- towards ‘loss of parental consortium’. Similarly, appellant-claimant No.5 being the mother of the deceased would be entitled to Rs.30,000/- under the head ‘filial consortium’. The Tribunal has awarded a sum of Rs.1,50,000/- under the aforesaid head which is to be enhanced by Rs.10,000/-. The appellants-claimants would be entitled to an additional sum of Rs.10,000/- under the head ‘loss of consortium’.
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.
12. Lastly, as held by the Apex Court in Pranay Sethi’s case stated supra, a sum of Rs.10,000/- was awarded by the Tribunal towards ‘Funeral Expenses’ deserves to be enhanced by another Rs.5,000/-.
13. Accordingly, the appellants-claimants are entitled to additional enhanced compensation of Rs.10,15,320/- as hereunder:
Total Rs.10,15,320.00 14. Thus, the appellants-claimants are entitled to total enhanced compensation of Rs.10,15,320/- together with 6% interest from the date of claim petition till realization.
15. In view of the aforesaid discussion, I pass the following order:
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 12.04.2018 passed by the Senior Civil Judge and Additional MACT, Sira in MVC.No.453/2017 is hereby modified.
(iii) The appellant-claimants are entitled to total enhanced compensation of Rs. 10,15,320/- together with 6% interest from the date of claim petition till realization.
(iv) The apportionment to be made as per the directions issued by the Tribunal.
Sd/- JUDGE SSD