Partly allowed

Radhamma v. the Manager

Karnataka HC11 Aug 2022MFA/674/2018

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part, modifying the Motor Accident Claim Tribunal's award to enhance total compensation from Rs.4,16,000 to Rs.6,94,000 for the deceased's dependents, including a revised calculation for loss of dependency and consortium.

What did the court decide?

Enhancement of compensation from Rs.4,16,000 to Rs.6,94,000, including an additional Rs.2,78,000 with interest at 6% per annum.

Radhamma Vs the Manager — 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 11^TH 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.674 OF 2018 (MV)

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BETWEEN :

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1. RADHAMMA W/O LATE RANGAIAH, AGED 51 YEARS

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PADMA

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W/O LATE GIRISH D/O LATE RANGAIAH AGED 35 YEARS

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DAYANAND S/O LATE RANGAIAH AGED 31 YEARS

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YAMUNA @ S.R.YAMUNARANI W/O K.S.LOKESH, D/O LATE RANGAIAH, AGED 26 YEARS

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ALL ARE RESIDENTS OF BOMMANAHALLI COLONY, BOMMANAHALLI VILLAGE, KESARAMADU POST, URDIGERE HOBLI, TUMAKURU TALUK.

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… APPELLANTS (BY SRI. RAMESH K R, ADVOCATE)

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AND :

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THE MANAGER DIVISIONAL CONTROLLER N.E.K.R.T.C. KOPPAL DIVISION, KOPPAL, KOPPAL DISTRICT - 583 231

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... RESPONDENT

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(BY SRI F.S.DABALI, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO a) MODIFY THE JUDGMENT AND AWARD DATED 06.06.2017 PASSED BY THE II^ND ADDITIONAL DISTRICT JUDGE & MACT AT TUMAKURU IN MVC NO.366/2016 BY ENHANCING THE COMPENSATION AWARDED BY HE TRIBUNAL AND b) GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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J U D G M E N T

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The above appeal is filed by the claimants challenging the judgment and award dated 06.06.2017 in MVC.No.366/2016 passed by II Addl. District Judge and MACT, Tumkuru, for seeking enhancement of compensation.

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2. Brief facts:

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On 15.12.2015 at about 4.15 pm., deceased

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Rangaiah was proceeding on N.H.48 TumakuruBangalore road and when he reached near Hirehally Industrial Area in front of J.C.B. show room, at that point of time a KSRTC bus bearing No.KA-3-F-532 being driven by its driver in a rash and negligent manner came from Tumakuru side and dashed against him and caused the accident, as a result of which, he succumbed bleeding injuries. Immediately, he was shifted to District Hospital, Tumakuru, in a Joss Toll Gate Ambulance and on the way at about 4.45 pm., he succumbed to the injuries.

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The learned counsel for the

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appellants/claimants submitted that the compensation awarded under each head is on lesser side. The Tribunal has considered the notional income at Rs.6,000/- only, but ought to have taken the income at Rs.9,000/- p.m., considering the year of accident

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as 2015. Therefore, prays for enhancement of compensation.

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Further on conventional heads i.e., loss of love and affection, loss of consortium, compensation awarded by the Tribunal is meager one. Therefore, prays for enhancement of compensation.

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On the other hand, learned counsel for the respondent/Insurance Company submitted that the claimant/appellant No.1 alone is the legal dependent on the deceased, since she is the wife of the deceased and other claimants are major children. Therefore, 1/2 of the income has to be deducted, but not 1/3^rd as done by the Tribunal. Therefore, prays for modification of the judgment in this regard. Further submitted that the compensation awarded by the Tribunal on other heads is correct and proper. Therefore, prays to dismiss the appeal.

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6. The Tribunal has awarded the

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compensation under various heads as follows:

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Love and affection	Rs. 40,000/-
Transportation and funeral expenses	Rs. 20,000/-
Loss of consortium	Rs. 10,000/-
Loss of estate	Rs. 10,000/-
Loss of dependency	Rs. 3,36,000/-
Total	Rs.4,16,000/-

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The Tribunal has considered the notional income at Rs.6,000/- pm., and deducted 1/3^rd of amount and the deceased was aged 64 years as on the date of the accident and the appropriate multiplier applicable is “7”. Therefore, considering the year of accident as 2015, notional income ought to be taken at Rs.9,000/- pm., as per the Notional Income Chart as recognized by the Karnataka State Legal Service Authority. In the present case, appellant No.1 is a widow. Therefore, after the death of her husband, daughter also has taken shelter in the house of deceased. Therefore, she is also to be considered as

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legal dependent. Therefore, 1/3^rd of income has to be deducted, but not 50%. Hence, loss of dependency is calculated and quantified as follows:

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Rs.9,000/- x 2/3 x 7 x12 = Rs.5,04,000/-

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Further compensation awarded under the head loss of love and affection and loss of consortium at Rs.40,000/- and Rs.10,000/- respectively is on the lesser side. Loss of consortium and loss of love and affection are one and the same. As per the principles of law laid down in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others reported in 2018 ACJ 2782 and National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 , since, there are four legal dependents, therefore, they are entitled for Rs.40,000/- each under the head loss of consortium. Accordingly, Rs.1,60,000/- is awarded under the head loss of consortium including loss of love and affection. The

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compensation awarded under other heads is proper, correct and there is no need to make modification.

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9. The appellants/claimants are entitled to the

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compensation as follows:

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Transportation and funeral	Rs. 20,000/-	Kept in tact
expenses
Loss of consortium	Rs. 1,60,000/-
Loss of estate	Rs. 10,000/-	Kept in tact
Loss of dependency	Rs. 5,04,000/-
Total	Rs.6,94,000/-

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The Tribunal has awarded the compensation of Rs.4,16,000/-, but the appellants/claimants are entitled to total compensation of Rs.6,94,000/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.2,78,000/- (Rs.6,94,000/- - Rs.4,16,000/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.2,78,000/- along with interest at the rate of 6%

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per annum from the date of petition till the date of realization. Hence, I proceed to pass the following

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ORDER

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Appeal is allowed-in-part .

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The impugned judgment and award dated 06.06.2017 in MVC.No.366/2016 passed by II Addl. District Judge and MACT, Tumkuru, is modified to the extent that the appellants/claimants are entitled to enhanced compensation of Rs.2,78,000/- 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 along with interest.

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Draw award accordingly.

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No order as to costs.

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Sd/JUDGE

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Radhamma v. the Manager

Case brief

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Radhamma v. the Manager

Case brief

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