The Karnataka High Court enhanced motor accident compensation for dependents of a deceased from Rs.7,92,000 to Rs.12,13,750 by recalculating loss of dependency, increasing consortium head, and adjusting funeral and loss of estate heads per precedents.
Compensation enhanced to Rs.12,13,750/- with 6% interest; Insurance company to deposit within six weeks.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
M.F.A.NO.5886/2015 (MV)
BETWEEN:
THE PPELLANT NO.1 TO 4 ARE R/O HOSABUDANUR VILLAGE, MANDYA TALUK, MANDYA DISTRICT – 571 436
(NOTE: THE 3RD PETITIONER BEFORE THE TRIAL COURT HAS NOT MADE PARTY SINCE SHE IS DEAD AND LRs ARE THE APPELLANT NO.1 TO 4)
… APPELLANTS
(BY SRI. R.RAGHU, ADVOCATE FOR SRI. R.PRAMOD, ADVOCATE)
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AND:
...RESPONDENTS
(BY SRI B.PRAMOD, ADVOCATE FOR R2; V/O/DTD 17.06.2019, R1 NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ALLOW THE APPEAL AND ENHANCE THE COMPENSATION TO Rs.15,00,000/BY MODIFYING THE JUDGEMNT AND AWARD DATED 19.02.2015 PASSED BY PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND MACT AT MANDYA IN M.V.C.NO.496/2013.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Though this appeal is posted for admission, with the
consent of learned counsel for both the parties, the same is taken up for final disposal.
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years. He was working as a security guard and was earning Rs.8,000/- p.m. By doing cable work he was also earning Rs.3000/- p.m. Being the wife and children of Mahadevu, petitioners are dependents.
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nature of the injury sustained and the fact that death was due to the said injuries.
witnesses are examined as PWs-1 to 3 and Ex.P1 to 10 are marked.
under:
| Heads | Amount in Rs. |
|---|---|
| Loss of dependency | 7,02,000 |
| Towards transportation & funeral and 11thday ceremony expenses |
20,000 |
| Towards loss of consortium | 25,000 |
| Towards loss of love & affection and also protection |
20,000 |
| Towards loss of estate | 25,000 |
| TOTAL | 7,92,000 |
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in view of the Magma Insurance Co. case, 25% of income is to be added towards loss of future prospects. 25% of Rs.7,000/- comes to Rs.1,750. Therefore, the notional income that is to be taken is Rs.8750/-.
15.1 Since there are four dependents, 1/4th is to be deducted towards his personal and living expenses and ¾ is required to be taken towards the loss of dependency i.e., 8750 x 12 x 13 x ¾ = 10,23,750. Therefore, the compensation under the head loss of dependency comes to Rs.10,23,750/-.
16. Loss of consortium: The Tribunal has granted a
sum of Rs.25,000/- under the head loss of consortium and Rs.20,000/- under the head loss of love & affection and protection. However, as per the Pranay Seti’s case, each one of the dependent viz., parents, spouse and children are entitled for compensation of Rs.40,000/- under the head loss of consortium. In the present case, though the claim petition was filed by the wife and four children of the
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deceased, during the pendency of the claim petition, petitioner No.3 Sheela died. Therefore, there are only four dependents. At the rate of Rs.40,000/- each, they are entitled for compensation in a sum of Rs.1,60,000/- as against Rs.45,000/- granted by the Tribunal.
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major compensation is granted under the head of loss of dependency, as per Pranay Seti’s case, under the head the loss of estate Rs.15,000/- is required to be granted and therefore, compensation under this head is restricted to Rs.15,000/- as against Rs.25,000/granted by the Tribunal.
compensation in a total sum of Rs.12,13,750/- as against
Rs.7,92,000/- granted by the Tribunal as detailed below:
| Heads | Amount granted by the Tribunal In Rs. |
Amount granted by this Court In Rs. |
|---|---|---|
| Loss of dependency | 7,02,000 | 10,23,750 |
| Towards loss of consortium |
25,000 | 1,60,000 |
| Towards loss of love & affection and also protection |
20,000 | - |
| Funeral expenses | 20,000 | 15,000 |
| Towards loss of estate |
25,000 | 15,000 |
| TOTAL | 7,92,000 | 12,13,750 |
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at 6% p.a. on the compensation granted as held by the Tribunal. Accordingly, I proceed to pass the following:
ORDER
(ii) Appellant/claimant is entitled for compensation in a sum of Rs.12,13,750/as against Rs.7,92,000/- granted by the Tribunal, with interest at 6% p.a. from the date of petition till realization (minus the amount already paid/deposited)
(iii) The respondent No.2 Insurance company shall deposit the compensation amount within a period of six weeks from the date of this order.
RR
3 issues framed by the court
Whether the compensation granted by the Tribunal is just and proper and requires enhancement.
What is the appropriate multiplier and notional income for calculating loss of dependency.
What is the head-wise compensation amount based on the Supreme Court precedents.
SMT. SUSHEELAMMA
SRIDHAR
BASAVARAJU
LAKSHMI
C.SRININVAS
THE BRANCH MANAGER, H D F C ERGO GENERAL INSURANCE LTD.
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
