The High Court revised compensation for the death of Ganesh in a motor vehicle accident. Finding the Tribunal’s assessment of loss of dependency and other heads too low, the Court enhanced the award by Rs.4,74,500 with interest.
Appellants granted additional compensation of Rs.4,74,500 along with interest at 9% p.a. from the date of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
�� MFA No���������
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2015
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.196 OF 2014(MV)
BETWEEN:
ALL ARE RESIDING AT NO.1314/4, PETECHERI T K ROAD
�� MFA No���������
CHANNAPATNA TOWN – 571 501 RAMANAGARAM DISTRICT.
(BY SRI: VIVEKANANDA T P, ADV)
AND:
... RESPONDENTS
(BY SMT: HARINI SHIVANANDA, ADV FOR R2, NOTICE TO LRS OF R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.07.2013 PASSED IN MVC NO.358/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC ADDITIONAL MACT, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY
MFA No���������
��
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
The appellants dissatisfied with the amount
of compensation awarded for the death of Ganesh, the husband of first appellant in the motor vehicle accident has filed this appeal seeking enhancement.
negligent driving, involvement of the vehicle and liability is not in dispute. Ganesh, the husband of the first appellant was 47 years old at the time of his death. He was plumber and his income was assessed by the Tribunal at Rs.3,000/- per month. The other appellants are the children. The total sum of Rs.3,76,000/was granted as compensation.
MFA No���������
��
3. Heard the learned Counsel for both
the parties.
for the insurer supports the judgment and award and submits that just compensation has been granted.
It is a skilled work. For the accident of the year 2011, in the lok adalat a sum of Rs.6,500/is considered as income for the skilled employee
and therefore, the compensation towards loss of dependency would be Rs.7,60,500/-. Deducting the sum of Rs.3,51,0900/- awarded by the Tribunal, the appellants are entitled to
Rs.4,09,500/- towards loss of dependency.
MFA No���������
��
deceased. Only Rs.5,000/- is granted as compensation towards loss of consortium. Looking to her age, an additional sum of Rs.25,000/would be appropriate. No
compensation is granted towards loss of love and affection for the children. There are four children, hence, sum of Rs.40,000/- would be appropriate for the aforesaid head. As the grant of compensation on other heads is reasonable, the appellants are entitled to the following additional sum as under:
Loss of dependency Rs.4,09,500/Loss of consortium Rs.25,000/Loss of love and affection Rs.40,000/- Total Rs.4,74,500/-
MFA No���������
��
interest at 9% p.a. from the date of petition till its payment in addition to the compensation awarded by the Tribunal.
The formula adopted by the Tribunal for disbursement of compensation is also applicable
to the enhanced sum.
JUDGE
*bgn/-
2 issues framed by the court
Whether the compensation awarded by the Tribunal for the death in a motor vehicle accident needs to be enhanced.
Whether the assessment of loss of dependency, loss of consortium, and loss of love and affection was adequate.
Smt. Varalakshmi Aged about 46 Years W/o Late Ganesh
Smt. Manjula Aged about 24 Years D/o Late Ganesh
Smt. Yogeshwari Aged about 21 Years D/o Late Ganesh
Yogesh Aged about 21 Years S/o Late Ganesh
Smt. Maheshwari Aged about 19 Years D/o Late Ganesh
The New India Insurance Co Ltd.
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
