Partly allowed

Divisional Manager v. Smt. Geetha

Karnataka HC16 Nov 2022MFA/3445/2018

Case brief

AI extract

What is this about?

This judgment modifies the compensation awarded in a motor vehicle accident case filed by two separate appeals. The court recalculated the loss of dependency and consortium based on a different notional income, enhancing the total compensation claimed by the deceased's dependents while dismissing the insurance company's appeal.

What did the court decide?

Enhanced compensation of Rs. 10,85,000 awarded to claimants, with interest at 6% per annum, disallowing claim for 71 days delay interest.

Divisional Manager Vs Smt. Geetha — Insurance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.3445/2018 (MV-D)

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C/W

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MFA NO.6194/2018 (MV-D)

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IN MFA NO.3445/2018:

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BETWEEN :

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DIVISIONAL MANAGER M/S. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., EMKAYS SHALIMAR COMPLEX, 2^ND FLOOR, KANKANADY, MANGALURU. REPRESENTED BY REGIONAL OFFICE, No.30, 3^RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMA NAGAR, BANGALORE - 560 027. BY ITS STATE HEAD LEGAL MR. S.K. SANDEEP

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...APPELLANT

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(BY SRI RAVI S SAMPRATHI, ADVOCATE)

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AND:

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1 . SMT. GEETHA W/O. LATE. ESHWARA SALLAN @ ESHWARA KULAL, AGED ABOUT 43 YEARS,

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2 . KUM. DEEKSHITHA E. BANGERA D/O. LATE. ESHWARA SALLAN @ ESHWARA KULAL, AGED ABOUT 19 YEARS,

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3 . MASTER. YATHIKESH E. BANGERA S/O. LATE. ESHWARA SALLAN @ ESHWARA KULAL, AGED ABOUT 15 YEARS, MINOR REPRESENTED BY 1^ST RESPONDENT AS MOTHER AND NATURAL GUARDIAN ALL ARE RESIDING AT DOOR No.4-9/3 MARTHAJE HOUSE, SAJIPA MANNUR VILLAGE, HALADI POST, PANEMANGALURU, BANTWAL, D.K.- 574 231. 4 . SRI. MOHAMMED HANEEF S/O. AHMED, AGED ABOUT 41 YEARS, R/O. KAPIKAD HOSAMANE HOUSE, PAJIR POST, BANTWAL TALUK - 574 126.

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…RESPONDENTS

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(BY SRI G RAVISHANKAR SHASTRY, ADVOCATE FOR R1 TO R3, R4 - SERVED)

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In M.F.A.No.6194/2018

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BETWEEN :

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SMT. GEETHA W/O LATE ESHWARA SALIAN @ ESHWARA KULAL AGED 43 YEARS.

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KUM. DEEKSHITHA E BANGERA D/O LATE ESHWARA SALIAN @ ESHWARA KULAL AGED 19 YEARS.

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MASTER YATHIKESH E BANGERA S/O LATE ESHWARA SALIAN @ ESHWARA KULAL AGED 15 YEARS SINCE MINOR REPRESENTED BY HIS GUARDIAN AND MOTHER SMT.GEETHA APPELLANT No.1 ALL ARE RESIDING AT No.4-9/3 MARTHAJE HOUSE, SAJIPA MANNUR VILLAGE, HALADI POST, PANEMANGALURU, BANTWA, D.K DISTRICT - 574 231.

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...APPELLANTS

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(BY SRI RAVISHANKAR SHASTRY G, ADVOCATE)

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AND:

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1 . MOHAMMED HANEEF S/O AHMED, R/A KAPIKAD HOSAMANE HOUSE, PAJIR POST, BANTWAL TALUK, D.K DISTRICT-575 000.

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2 . THE DIVISIONAL MANAGER ROYAL SUNDARAM GENERAL INSURANCE CO.LTD., EMKAYS SHALIMAR COMPLEX, 2^ND FLOOR, KANKANADY MANGALURU, D.K DISTRICT-575 003.

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...RESPONDENTS

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(BY SRI RAVI S SAMPRATI, ADVOCATE FOR R2 R1-NOTICE DISPENSED WITH V/O DTD. 1.2.2019)

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THESE MFAS' ARE FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18/01/2018, PASSED IN MVC No.100/2017, ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE & MEMBER, MACT, D.K. MANGALURU, PARTLY ALLOWING

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THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE M.F.A.S' COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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MFA No.3445/2018 is filed by the appellant-

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insurance company praying to reduce the quantum of compensation.

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MFA No.6194/2018 is filed by the appellantsclaimants seeking enhancement of compensation.

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The brief facts in both the cases are as under:

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On 24.09.2016 at about 7.50 p.m., Eshwara

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Salian @ Eshwara Kulal-deceased was proceeding along with his brother one Mr. Raju Kulal on the left

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side of the mud road near 2nd Kolya on the side of NH-66, Someshwara village, Mangaluru Taluk. At that

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time, a tempo bearing Reg.No.KA-19-D-5222 driven

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by its driver in a rash and negligent manner and at

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high speed dashed to the deceased and the deceased fell down and sustained severe injuries. Due to the said impact, the deceased succumbed to the injuries. Hence, a claim petition was filed by the appellantsclaimants under Section 166 of the M.V. Act, claiming compensation. The Tribunal on appreciating the materials on record, allowed the petition in part and awarded compensation of Rs.8,79,000/- along with interest at 6% per annum from the date of petition till realization.

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3. Heard the arguments advanced by learned

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counsel for appellants and the learned counsel for respondent and perused the records.

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In the present case, the Tribunal has awarded compensation under various heads as

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follows:

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A	Funeral expenses	Rs. 25,000.00
B	Loss of dependency	Rs. 7,04,000.00
C	Loss of consortium	Rs. 1,00,000.00
D	Loss of love and affection	Rs. 50,000.00
	TOTAL	Rs.8,79,000.00

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The deceased is aged 55 years and was

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working as auto rickshaw mechanic as on the date of accident i.e. occurred on 24.09.2016. The compensation awarded by the Tribunal under various heads are liable to be modified.

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The deceased was working as auto rickshaw mechanic and earning Rs.15,000/- p.m. But there is no proof of income. In absence of proof of income, the notional income of Rs.9,500/- p.m. is taken into consideration as recognized by the Karnataka State Legal Services Authority and the appropriate multiplier is 11. Since deceased was 55 years old, 10% of the income has to be added towards 'loss of future prospects in life' as per the judgment of Hon'ble Apex Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi¹ and the

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1reported in (2017) 16 SCC 680

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appropriate multiplier is 11. Therefore, the loss of dependency is reassessed and quantified as follows:

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Rs.9,500/- + 950 (10% of 9,500)x2/3x11x12 =Rs.9,19,599/which is rounded off to Rs.9,20,000/-.

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Further, the Tribunal has awarded compensation of Rs.1,00,000/- towards 'loss of consortium' and Rs.50,000/- towards 'loss of love and affection and these two heads are more or less having same connotation. 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' and if 10% is escalated, the compensation of Rs.1,32,000/- (Rs.40,000 per person x 3 = 1,20,000 +12,000 [1,20,000x10/100] = 1,32,000/and Rs.33,000/- (15,000x2) = 30,000+3,000

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2 reported in 2018 SCC online SC 1546

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Page No.7 is retyped and replaced vide Court order dated 13.01.2023.

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[30,000x10/100] = 33,000/-) is awarded towards 'loss of consortium' and 'loss of estate and funeral expenses.

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Thus in all, this Court has awarded the

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compensation under various heads as follows:

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A	Funeral expenses Rs.	16,500.00
B	Loss of estate Rs.	16,500.00
B	Loss of dependency Rs.	9,20,000.00
D	Loss of consortium Rs.	1,32,000.00
	TOTAL Rs.	10,85,000.00

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Hence, the appellants-claimants in MFA

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No.6194/2018 are entitled for a total enhanced compensation of Rs.10,85,000/- as against

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Rs.8,79,000/- awarded by the Tribunal. Hence, the appellants-claimants are entitled for an additional compensation of Rs.2,06,000/- (Rs.10,85,000/- - Rs.8,79,000/-), along with interest at the rate of 6%

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per annum from the date of petition till the date of realization.

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Page No.8 is retyped and replaced vide Court order dated 13.01.2023.

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9. Accordingly, I pass the following:

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ORDER

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i. Appeal filed by the appellant-insurance company in MFA No.3445/2018 * *is dismissed and the appeal filed by the appellants-claimants in MFA No.6194/2018 ** is allowed in part .

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ii. The judgment and award dated 18.01.2018 passed in MVC No.100/2017, by the Court of IV Additional District Judge & Member, MACT, Dakshina Kannada, Mangalore, is modified to the above extent.

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iii. The appellants-claimants in MFA No.6194/2018 are entitled to an enhanced compensation of -

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Rs.2,06,000/(Rs.10,85,000/Rs.8,79,000/-) 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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iv. The amount in deposit shall be transmitted to the Tribunal.

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Page No.9 is retyped and replaced vide Court order dated 13.01.2023.

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**Corrected vide court order dated 28.07.2023

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v. Further, the appellants-claimants are not entitled for interest for the delay period of 71 days.

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vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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vii. Draw award accordingly.

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Sd/-

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JUDGE

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SSD

Divisional Manager v. Smt. Geetha

Case brief

What is this about?

What did the court decide?

Divisional Manager v. Smt. Geetha

Case brief

What is this about?

What did the court decide?

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