Appeal filed to enhance compensation awarded for death in a motor vehicle accident. Court enhanced loss of dependency and added loss of consortium.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.3104/2018 (MV-D)
BETWEEN :
BOTH ARE RESIDING AT D.NO.1-143 GOLIYADKA HOUSE, RENJILADY POST & VILLAGE, PUTTUR TALUK PRESENTLY RESIDING AT SOUZA COMPOUND M.R BHAT LANE, JEPPU, MANGALURU 575 001
..APPELLANTS
(BY SRI GURUPRASAD B R - ADVOCATE)
AND:
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R/O GOLIYADKA HOUSE NOOJIBALTHILA POST & VILLAGE PUTTUR TALUK 574 221
...RESPONDENTS
(BY SRI A.N. KRISHNASWAMY - ADV. FOR R1 R2 NOTICE D/W V/O. DATED 25.4.2018
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.07.2017 PASSED IN MVC NO.1411/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the claimants, challenging the judgment and award dated 22.07.2017, passed in MVC No.1411/2015 by the Additional Senior Civil Judge, Mangaluru, D.K., seeking enhancement of compensation.
On 23.7.2015, when the deceased- Smt.Chomu
was proceeding by walking on Mardhala Ichalampady road to attend to coolie work, a motor cycle bearing
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registration No.KA-21-R-9826 ridden by its rider in a rash and negligent manner from hind side, dashed the deceased and as a result of which she fell down and sustained grievous injuries. The deceased was admitted to Government Wedlock Hospital, Mangalore and in spite of treatment, she succumbed to the injuries. Hence, a claim petition was filed by the appellants-claimants under Section-166 of the M.V. Act, claiming compensation.
The deceased was a coolie aged about 50 years. The deceased was earning Rs.800/- per day. The appellants, who are the children i.e. majors sons of the deceased and were depended upon the earning of the deceased for a better livelihood and claimed compensation of Rs.20,00,000/-.
The Tribunal on appreciating the materials on record, allowed the petition in part, and awarded a compensation of Rs.3,20,000/- along with interest at 9% per annum from the date of petition till
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realization. The Tribunal held the owner and the insurer of the motor cycle are jointly and severally liable to pay the compensation.
claimants submitted that the compensation awarded by the Tribunal is on the lower side and seeks to enhance the compensation and prays to allow the appeal.
both sides and perused the records.
under various heads are as follows:
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| 1 | Love and affection | : Rs. |
60,000/- | |
|---|---|---|---|---|
| 2 | Funeral and other expenses | : Rs. |
26,000/- | |
| 3 | Loss of dependency | : Rs. |
2,34,000/- | |
| TOTAL | : Rs. |
3,20,000/- |
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home-maker of the family. The service of a mother cannot be considered in terms of money. The efforts put by a mother in home-making cannot be counted in terms of money even when the same is made done
by engaging the services of another person. Therefore, the death of the mother in the family cannot be considered as that she has not contributed anything to the family and that she is an income-less
person. Further, that because the claimants are the major sons, it cannot be said that they are not entitled for compensation under the head 'loss of dependency'.
The Hon'ble Apex Court in the case of National
Insurance Company Limited - vs. Birender and Ors. (Civil Appeal Nos.242-243 of 2020 dated 13.1.2020) has discussed the said issue. In the said case, the facts are that the mother was a Government servant and upon her death, the Supreme Court has awarded income under the head 'loss of dependency' even though the claimants are major sons. The
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principle of law laid down in the aforesaid case are applicable in the present case. Therefore, the claimants are entitled to compensation under the head 'loss of dependency' on the principle above discussed.
by the KSLSA, the notional income is taken at Rs.9,000/- p.m. Further, as per the principle of law laid down by the Hon’ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi1 and considering the age of the deceased, 10% ( 10% of 9000 = 900 ) of her monthly income (Rs.9,000/-) is added towards ‘Loss of Future Prospects in Life’ (Rs.9900), and the appropriate multiplier to be taken is 13. As there are two sons in the family of deceased, 1/3rd of her income is deducted towards her personal expenses. Therefore, the compensation under the
1reported in (2017) 16 SCC 680
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head ‘Loss of Dependency’ is reassessed and
quantified as follows:
Rs.99002/313*12= Rs.10,29,600/-
compensation of Rs.60,000/- towards ‘loss of love and affection’ and Rs.26,000/- towards 'funeral and obsequies expenses'. As per the judgment passed by the Hon'ble Apex Court in the case of Magma General Insurance Co.Ltd. V. Nanu Ram2 , each of the legal dependent of the deceased are entitled to get Rs.40,000/- under the head 'loss of consortium'. Therefore, the compensation of Rs.80,000/- (Rs.40,000 per person x 2) is awarded towards 'loss of consortium'. Loss of love and affection and loss of consortium are having more or less same connotation. Therefore, on other conventional head i.e. funeral and other expenses, the compensation awarded at Rs.26,000/- by the Tribunal is correct as discussed
2 reported in 2018 SCC online SC 1546
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above and there is no ground for interference. Accordingly, the said head is kept in tact.
under various heads as follows:
| 1 | Loss of dependency | : Rs. |
10,29,600/- |
|---|---|---|---|
| 2 | Loss of consortium | : Rs. |
80,000/- |
| 3 | Funeral and other expenses quies | : Rs. |
26,000/- |
| TOTAL | : Rs. |
11,35,600/- |
Hence, the appellants-claimants are entitled for
a total enhanced compensation of Rs.11,35,600/- as against Rs.3,20,000/- awarded by the Tribunal and the appellants are entitled for an additional Compensation of Rs.8,15,600/- (Rs.11,35,600/minus Rs.3,20,000/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been
awarded by the Tribunal.
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11. Accordingly, I pass the following:
ORDER
Sd/JUDGE
rs
Mr Ramesha
Mr Sundara
ICICI Lombard General Insurance Co. Ltd.
Mr Achan Kunju
Hanchate Sanjeevkumar
As recorded by the court registry
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