Partly allowed

Smt Jayamma v. Madhu G Murugan

Karnataka HC13 Jan 2021MFA/4284/2018

Case brief

AI extract

What is this about?

This appeal concerns enhancement of motor accident compensation. The High Court modified the Tribunal's award of Rs.9,64,312/- to Rs.12,94,800/- by adopting a notional income of Rs.11,000/month instead of Rs.8,000/month and adding sums for consortium and funeral expenses, while maintaining liability and apportionment.

What did the court decide?

Compensation enhanced to Rs.12,94,800/- with interest at 6% p.a. to be deposited within 90 days.

Smt Jayamma Vs Madhu G Murugan — Medical Negligence | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON'BLE MRS. JUSTICE S. SUJATHA

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AND

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THE HON'BLE MR. JUSTICE M.I.ARUN

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MFA NO.4284 OF 2018 (MV)

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BETWEEN:

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SMT JAYAMMA W/O LATE J G KEMPAIAH, AGED ABOUT 49 YEARS, HOUSEHOLD, NO.67 ITI HBCS LAYOUT, NAYANDAHALLY BENGALURU-560039.

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SMT ASHA J K W/O MURTHY D.N. AGED ABOUT 31 YEARS, NO.506, 3^RD MAIN, BHAVANINAGAR, KEMPEGOWDANAGARA, BENGALURU-560019.

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SMT USHA J K W/O PAVAN KUMAR K N AGED ABOUT 29 YEARS, NO.89, 16^TH MAIN, ITI HBCS LAYOUT NAYANDAHALLY, BENGALURU-560039.

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KUM NISHA J K D/O LATE J G KEMPAIAH, AGED ABOUT 27 YEARS,

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NO.67, ITI HBCS LAYOUT, NAYANDAHALLY, BENGALURU-560039. ...APPELLANTS

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(BY SRI: CHANDRASHEKARA K.A., ADVOCATE)

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AND:

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MADHU G MURUGAN S/O GANESHAN, MAJOR IN AGE, NO.58/1, GULIMANGALA VILLAGE, HUSKUR POST, NEAR GLOBAL LAW COLLEGE, ANEKAL TALUK, BENGALURU-560099

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UNITED INDIA INSURANCE COMPANY LIMITED, REGIONAL OFFICE, T.P. HUB 5^TH AND 6^TH FLOOR, KRISHIBHAVAN, HUDSON CIRCLE, BENGALURU-560 001 REPRESENTED BY ITS MANAGER ...RESPONDENTS

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(BY SRI: B.C. SEETHARAMA RAO, ADV. FOR R2; VIDE COURT ORDER DATED 13.1.2021 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27/11/2017, PASSED IN MVC NO.2513/2017, ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ORDERS THIS DAY, M.I. ARUN J ., DELIVERED THE FOLLOWING:-

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JUDGMENT

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Aggrieved by the judgment and award dated 27.11.2017 passed by the Motor Accident Claims Tribunal, Court of Small Causes, at Bengaluru, (for short ‘the Tribunal’) in MVC No.2513/2017, the petitioners therein have preferred this appeal.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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The brief facts of the case are that on 03.03.2017 at about 9.00 a.m. deceased Kempaiah was crossing the road at opposite to Durga Parameshwari Temple, Nagaravhavi ring road, Bengaluru in North to South direction. At that time, a Bike bearing Reg.No.KA-51-ER1115 being driven in a rash and negligent manner came and dashed against said Kempaiah, as a result of which, he sustained injuries and subsequently, succumbed to the same. Petitioner No.1 is the wife and petitioner Nos.2 and 3 are his married daughters and petitioner No.4 is unmarried daughter. Respondent No.1 is the owner of the

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motor bike and respondent No.2 is the insurance company with which the motor bike is duly insured. Petitioners have preferred MVC No.2513/2017 and sought for compensation of Rs.30,00,000/-.

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After service of summons, respondent No.1 has placed exparte and respondent No.2 has appeared before the Tribunal through its counsel and filed its written statement denying liability and prayed for dismissal of the claim petition.

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Petitioners got examined petitioner No.1 as PW-1

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and got marked Exs.P.1 to P.17. The respondents have not examined any witnesses nor got marked any documents.

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Based on the pleadings and evidence let in, the Tribunal has awarded a compensation of Rs.9,64,312/along with interest at 8% p.a. from the date of petition till realization. Not satisfied by the same, petitioners have preferred this appeal.

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The factum of accident, the same happening due to

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rash and negligent driving of the offending bike is not in dispute. The dispute only is in respect of the quantum of compensation.

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The accident happened in the year 2017. As there was no proof of income adduced, the Tribunal has adopted notional income of Rs.8,000/- p.m. We find the same to be on the lower side. As per the chart prepared by the Karnataka State Legal Services Authority in consultation with the Insurance Company, the notional income in the absence of proof of income to be adopted for the year 2017 is Rs.11,000/- per month should be notional income to be adopted. The deceased at the time of the accident was aged about 54 years. Hence, as per the law down by the Apex Court in National Insurance Co.Ltd. v. Pranay Sethi (2017) 16 SCC 680, 10% has to be added towards future prospects. As per the law laid down by the Hon’ble Supreme Court in Sarla Verma vs. D.T.C [2009(6) SCC 121] , a multiplier of ‘11’ has to be adopted. Petitioner

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Nos.2 and 3 being married daughters cannot be considered as dependants on deceased. Thus, considering petitioner Nos.1 and 4 as dependants, 1/3^rd of the income to be deducted towards personal expenses. Thus, petitioners are entitled for a sum of Rs.10,64,800/- under the head ‘loss of dependency’.

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Further, as per the law laid down by the Hon’ble

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Supreme Court in New India Assurance Co.Ltd. v. Somwati [(2020)9 SCC 644] , petitioner Nos.1 and 4 are also entitled to loss of consortium at the rate of Rs.40,000/each and Rs.30,000/- towards loss of funeral expenses, loss of estate. Further, the Tribunal has awarded a sum of Rs.1,20,000/- towards medical expenses based on the records. We deem the same to be appropriate. Thus in all the petitioners are entitled to Rs.12,94,800/- (10,64,800 + 1,10,000 + 1,20,000) as against Rs.9,64,312/- awarded by the Tribunal.

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Hence, the following:

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ORDER

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i] Appeal is allowed in part.

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ii] The total compensation awarded by the Tribunal is modified and enhanced to Rs.12,94,800/- (Rupees Twelve Lakhs Ninety Four Thousand Eight Hundred only) as against Rs.9,64,312/- which shall carry interest at the rate of 6% per annum on the enhanced compensation amount from the date of the claim petition till its realization.

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iii] the portion of the order of the Tribunal inasmuch as liability, apportionment and disbursement remains intact.

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iv] The Insurance Company shall deposit the amount determined as aforesaid before the Tribunal within 90 days from the date of receipt of the certified copy of the judgment and order.

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v] The modified compensation amount

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shall be apportioned and disbursed in terms of the order of the Tribunal.

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vi] Draw modified award accordingly.

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vii] All pending I.As. stand disposed of

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accordingly.

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