Partly allowed

Sri. H. R. Ramachandra v. the Managing Director

Karnataka HC28 Nov 2023MFA/1525/2018

Case brief

AI extract

What is this about?

The High Court was appealed against an award granting compensation for death in a road traffic accident. The Court enhanced the compensation amount from Rs.5,79,036 to Rs.8,87,800/-, adjusting the deceased's monthly income to Rs.9,000 and recalculating dependency and consortium losses.

What did the court decide?

Decrease the compensation amount from Rs.5,79,036 to Rs.8,87,800/-.

Sri. H. R. Ramachandra Vs the Managing Director — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:43260 MFA No. 1525 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1525 OF 2018 (MV-D)

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BETWEEN:

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SRI. H. R.RAMACHANDRA S/O RANGAYYA, AGED ABOUT 68 YEARS, R/AT NO.41, 1^ST FLOOR 8^TH CROSS, SOMESHWARA LAYOUT BILEKAHALLI, BANNERAGHATTA ROAD, BENGALURU - 560 076

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SMT.H R SHOBHA, W/O T.R.SRINIVASAMURTHY AGED ABOUT 40 YEARS S.L.25, SANDAL COLONY, VIDYANAGARA SHIVAMOGGA - 577 204

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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SRI H R HARSHA, S/O H.R.RAMACHANDRA AGED ABOUT 33 YEARS R/AT SMRUTHI LAYOUT NO. 14/1 C.K.PALYA NEAR GOTTIGERE HOMMADEVANAHALLI, B.G.ROAD, BENGALURU - 560083. …APPELLANTS

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(BY SRI SURESH M LATUR.,ADVOCATE) AND:

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THE MANAGING DIRECTOR K.S.R.T.C., K.H.ROAD, SHANTHINAGARA, BENGALURU - 560 027. …RESPONDENT (BY SMT.H.R.RENUKA.,ADVOCATE)

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2 - NC: 2023:KHC:43260 MFA No. 1525 of 2018

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED08.09.2017 PASSED IN MVC NO.838/2016 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE & 19TH ACMM, MEMBER, MACT, BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION ETC.

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

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JUDGMENT

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This is an appeal filed by the claimant aggrieved by the award passed in MVC No.838/2016, dated 08.09.2017 by the XXI Additional Small Causes Judge & XIX ACMM Member, MACT, Bangalore (SCCH-13).

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The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased in the road traffic accident. The case of the claimant is that the deceased was aged 59 years old and was earning an amount of Rs.12,000/- p.m. As there was no evidence in this regard, the court below had taken the income as Rs.7,000/- p.m. and by applying appropriate

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3 - NC: 2023:KHC:43260 MFA No. 1525 of 2018

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multiplier had granted compensation. The court below had

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granted compensation under various heads as follows:

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	Heads		Co	mpensation Awarded
1.	Loss of Dependency	:	Rs.	5,04,036/-
2.	Loss of Consortium	:	Rs.	25,000/-
3.	Loss of Love and Affection	:	Rs.	25,000/-
4.	Transportation & Funeral Expenses	:	Rs.	25,000/-
	TOTAL	:	Rs.	5,79,036/-

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3. Learned counsel appearing for the claimants

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submits that this is an accident of the year 2015 and the court below ought to have taken income at Rs.9,000/-. That the court below had also failed to add 10% future prospects and under the head of loss of consortium and other conventional heads also the amounts that were granted by the Tribunal were not just and reasonable.

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4. Learned counsel appearing for the insurance

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company submits that the compensation that was awarded by the Tribunal are reasonable. It is submitted that as there was no evidence on record the court below had

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NC: 2023:KHC:43260 MFA No. 1525 of 2018

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taken the income at Rs.7,000/-. It is submitted that no grounds are made out for enhancement of the compensation.

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Having heard the learned counsels on either

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side, perused the entire material on record. In this case according to the claimant the deceased was earning Rs.12,000/- p.m. Admittedly there is no evidence in that regard the court below had taken the income at Rs.7,000/-, as this is an accident of the year 2015, this Court is inclined to take the monthly income at Rs.9,000/-. As the deceased was 59 years, 10% of the income i.e., Rs.900/- would have to be added towards future prospects, as there are three claimants 1/3^rd of the income ought to be deducted towards personal expenses i.e., Rs.3,300/-. Then the contribution to the family would come to Rs.6,600/-, hence the claimants are entitled for

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an amount of Rs.7,12,800/- (Rs.6600 x 12 x 9) towards

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loss of dependency . The claimants are the wife and the children of the deceased. Therefore, towards consortium

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5 - NC: 2023:KHC:43260 MFA No. 1525 of 2018

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an amount of Rs.1,32,000/- (Rs.44,000 x 3). Towards transportation and funeral expenses the court below had awarded an amount of Rs.25,000/- and this court is granting an amount of Rs.33,000/- .

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER¹ , the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses .

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The claimant is therefore, entitled to the compensation under the following heads:

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	Heads		Co	mpensation Awarded
1.	Loss of Dependency	:	Rs.	7,12,800/-
2.	Loss of Consortium	:	Rs.	1,32,000/-
3.	Funeral Expenses	:	Rs.	33,000/-
4.	Legal Expenses	:	Rs.	10,000/-
	TOTAL	:	Rs.	8,87,800/-

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1 (2014) 11 SCC 178

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NC: 2023:KHC:43260 MFA No. 1525 of 2018

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8. Accordingly, the appeal is partly allowed ,

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enhancing the compensation amount from Rs.5,79,036/-

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to Rs.8,87,800/-.

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i) The enhanced amount shall carry interest at 6% p.a., from the date of petition till the date of realization.

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ii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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iii) 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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iv) No costs.

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NC: 2023:KHC:43260 MFA No. 1525 of 2018

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Pending miscellaneous petitions, if any, shall stand

closed.

Sd/JUDGE

List No.: 1 Sl No.: 115

Sri. H. R. Ramachandra v. the Managing Director

Case brief

What is this about?

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Sri. H. R. Ramachandra v. the Managing Director

Case brief

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What did the court decide?

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