Partly allowed

V.Jagadeesh v. Muniswamy

Karnataka HC3 Aug 2022MFA/4021/2018

Case brief

AI extract

What is this about?

This appeal was filed against the Motor Accident Claims Tribunal's judgment awarding Rs.30,000 compensation. The High Court allowed the appeal in part, enhancing compensation to Rs.14,30,800 including loss of estate, funeral, and consortium heads, while reducing the interest rate from 9% to 6% p.a.

What did the court decide?

Compensation enhanced to Rs.14,30,800 covering loss of estate, funeral, and consortium; interest reduced to 6% p.a.

V.Jagadeesh Vs Muniswamy — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

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MFA NO.4021 OF 2018 (MV)

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BETWEEN:

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V. JAGADEESH S/O. LATE VITAL AND LATE BHUVANESHWARI AGED ABOUT 32 YEARS, RESIDING AT NO.68/23, KACHANAYAKANAHALLI, JIGANI CIRCLE, ANEKAL, BANGALORE URBAN.

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…APPELLANT

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(SRI. SREENIVASAIAH A., ADVOCATE)

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AND:

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MUNISWAMY S/O. MUNIYAPPA, HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN.

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THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.121,THE ESTATE BUILDING,

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9TH FLOOR, DICKENSON ROAD, BANGALORE-560 001.

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…RESPONDENTS

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(SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 12.12.2019)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.03.2018 PASSED IN MVC NO.1715/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES AND ADDITIONAL MACT, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the claimant being aggrieved by the judgment and award dated 24.03.2018 passed by the Court of the IX Additional

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Small Causes and Additional Motor Accident Claims Tribunal, Bangalore in MVC No.1715/2016.

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Facts giving rise to the filing of the appeal briefly stated are that on 04.07.2015, at about 08.15 p.m., when the deceased Manjunath was proceeding on motor cycle bearing registration No.KA-51-EA6627, when he reached near Hennagara Gate, Anekal Taluk, at that time, a TATA Goods vehicle bearing registration No.KA-07-B-5000, which was being driven in a rash and negligent manner, dashed against the deceased motor vehicle. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

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The claimant filed a petition under Section

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166 of the Act seeking compensation for the death of the deceased along with interest.

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On service of summons, the respondents appeared through their respective counsel and respondent No.2 filed written statement in which the averments made in the petition were denied.

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On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant, in order to prove his case, examined himself as PW-1 and got exhibited documents namely Ex.P1 to Ex.P10. On behalf of respondents, one witness was examined as RW-1 and got exhibited document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.30,000/- along with interest at

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the rate of 9% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

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claimant/appellant submitted that the Tribunal has committed an error only in awarding of Rs.30,000/towards loss of 'love and affection' and towards 'funeral, obsequies ceremony and conveyance'. But the Tribunal ought to have awarded compensation under 'loss of estate', but not awarded. Hence, the Tribunal has come to an error. Therefore, prays to allow appeal by enhancing the compensation amount.

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On the other hand, the learned counsel for respondent No.2-Insurance Company submitted that the interest awarded by the Tribunal at 9% is on higher side and on appreciation of oral and

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documentary evidence and considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is just and reasonable. Hence, he prays for dismissal of the appeal.

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Heard the learned counsel for the parties and perused the records.

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It is not in dispute that deceased Manjunath died in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver.

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The Tribunal has awarded only compensation of Rs.30,000/- in total for loss of 'love and affection' and 'funeral, obsequies ceremony and conveyance' on the ground that the appellant/claimant was major. Therefore, only Rs.30,000/compensation was awarded on account of death of deceased.

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The claimant is stated to be only legal representative of the deceased, who is major and brother of deceased. In strict sense, the appellant/claimant cannot be construed as legally dependant upon the income of the deceased. Therefore, under these circumstances, the compensation has to be awarded under 'loss of estate' to the claimant. It is stated that the deceased was earning Rs.20,000/- per month by working as driver. But they have not produced any documents to prove the income of the deceased. In the absence of proof of income, the notional income has to be assessed. As per the guidelines issued by the Karnataka State Legal Services Authority, for the accident taken place in the year 2015, the notional income of the deceased has to be taken at Rs.9,000/- p.m.

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To the aforesaid income, 40% has to be added on account of loss of future prospects as per

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the law laid down by the Hon’ble Supreme Court in

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the case of NATIONAL INSURANCE CO. LTD. -vPRANAY SETHI AND OTHERS [AIR 2017 SC 5157] . Since the deceased was bachelor, it is appropriate to deduct 50% of the income of the deceased towards personal expenses and remaining amount has to be taken as his contribution to the family. The deceased was aged about 22 years at the time of the accident and multiplier applicable to his age group is ‘18’. Thus, the claimant is entitled to compensation of Rs.13,60,800/-(Rs.9,000/- + Rs.3,600/-[40% of 9000] x 1/2 x 18 x 12) on account of ‘loss of estate’.

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Further, the claimant has lost his younger brother. Therefore, he is entitled for compensation of Rs.40,000/- under the head of ‘loss of consortium’.

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The compensation of Rs.15,000/- for loss of 'love and affection' and compensation of

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Rs.15,000/- granted on account of ‘funeral, obsequies ceremony and conveyance expenses’ by Tribunal is retained.

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Thus, the claimant is entitled to the

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following compensation:

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Compensation under different Heads	Amount in (Rs.)
Loss of estate	13,60,800
Funeral expenses	15,000
Loss of consortium	40,000
Loss of love and affection	15,000
Total	14,30,800

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The tribunal has awarded interest @ 9% p.a. Learned counsel for the insurance company submitted that simple interest @ 6% p.a. may be awarded. Therefore, he prays for reduction of rate of interest @ 6% p.a. In this regard, the order of Tribunal granting interest @ 9% p.a. is modified and interest @ 6% p.a. is awarded on the entire amount from the date of petition till its realization. Therefore, appeal filed by

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the appellant/claimant is liable to be allowed in part. Hence, I pass the following order:

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ORDER

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(a) MFA No.4021/2018 filed by the claimant is allowed in part.

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(b) The judgment and award dated 24.03.2018 passed in MVC No.1715/2016 by the Court of the IX Additional Small Causes and Additional Motor Accident Claims Tribunal at Bangalore is modified and the appellant/claimant is entitled for compensation of Rs.14,30,800/- with @ 6% p.a. interest from the date of petition till its realization.

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(d) Draw award accordingly.

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Sd/JUDGE

V.Jagadeesh v. Muniswamy

Case brief

What is this about?

What did the court decide?

V.Jagadeesh v. Muniswamy

Case brief

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