Partly allowed

Smt H Lakshmidevi v. Sri Tyagarajan

Karnataka HC23 Jan 2023MFA/1937/2017

Case brief

AI extract

What is this about?

This First Miscellaneous Appeal contests a Motor Accident Claims Tribunal award of Rs.6,06,000. The High Court allowed the appeal in part, correcting errors in notional income assessment and damages for loss of dependency and consortium. Total compensation was enhanced to Rs.14,93,800, and the insurance company was directed to deposit the amount.

What did the court decide?

The impugned judgment is modified to enhance total compensation to Rs.14,93,800; the insurance company is directed to deposit the amount within Eight Weeks.

Smt H Lakshmidevi Vs Sri Tyagarajan — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 1937 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1937 OF 2017 (MV-D)

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BETWEEN:

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SMT H LAKSHMIDEVI W/O LATE SRINIVAS AGED ABOUT 31 YEARS

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ANURADHA D/O LATE SRINIVAS AGED ABOUT 18 YEARS

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ASHWINI

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

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D/O LATE SRINIVAS AGED ABOUT 16 YEARS

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ANUSHA

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D/O LATE SRINIVAS AGED ABOUT 14 YEARS

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MADHURA D/O LATE SRINIVAS AGED ABOUT 12 YEARS

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SHWETHA

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D/O LATE SRINIVAS AGED ABOUT 10 YEARS PETITIONERS 3 TO 6 ARE MINORS

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REPRESENTED BY NATURAL GUARDIAN-1^ST PETITIONER H LAKSHMIDEVI

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MFA No. 1937 of 2017

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ALL ARE PERMANENT R/O YARAPALYA VILLAGE GUNDLAHALLI POST KASABA HOBLI PAVAGADA TALUK TUMKUR DISTRICT NOW R/A LALAPETE MADHUGIRI TOWN MADHUGIRI TUMKUR DISTRICT-572132.

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NAGAPPA S/O SANNAYAPPA AGED ABOUT 67 YEARS R/O YARAPALYA VILLAGE GUNDLAHALLI POST KASABA HOBLI PAVAGADA TALUK TUMKUR DISTRICT.

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…APPELLANTS

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(BY SRI. RAMESH K R., ADVOCATE)

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AND:

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SRI TYAGARAJAN S/O KARUPPANNAN AGED ABOUT 50 YEARS R/O NO.10, S S S BUILDING CHAMARAJPETE BANGALORE-560 018.

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M/S CHOLAMANDALAM MS GENERAL INSURANCE D.O.9/1, ULSOOR ROAD

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BANGALORE-560002 REP BY ITS BRANCH MANAGER

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…RESPONDENTS

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MFA No. 1937 of 2017

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2; R1-NOTICE D/W V/O DTD:18/11/2019)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED23.07.2012 PASSED IN MVC NO.68/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, & MACT-XIII, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellants–claimants, calling in question the judgment and award dated 23.07.2012, passed in M.V.C.No.68/2010, on the file of the Additional Senior Civil Judge And Motor Accident Claims Tribunal – XIII, at Madhugiri (hereinafter referred to as ‘the Tribunal’ for brevity) for seeking enhancement of the compensation.

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MFA No. 1937 of 2017

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Brief facts:

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On 30.06.2010, the deceased was proceeding in

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a lorry bearing registration No.KA-02-C-8261 as a cleaner along with the driver of the said lorry from Adivala towards Bengaluru with sand load, on Tumkur-Sira NH-4 Road, at 5.00 a.m., near Chikkonahalli Gate, due to the puncture of the front left tyre, the lorry was parked to the extreme left side of N.H.-4 Road. The deceased was changing left front tyre, at that time, the lorry bearing registration No.KA.01.B.2192 driven in high speed, rash and negligent manner from Sira, dashed the parked lorry from behind causing accident, whereby the deceased who was changing the tyre, sustained grievous injuries and died on the spot.

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Hence, a claim petition was filed by the legal heirs under Section-166 of the M.V. Act, claiming compensation for the deceased. The Tribunal on appreciating the materials on record, allowed the claim

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MFA No. 1937 of 2017

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petition in part, and awarded a compensation of Rs.6,06,000/-, along with interest at 6% per annum from the date of petition till the date of realisation. The Tribunal held respondent Nos.1 to 2 therein jointly and severally, liable to pay the compensation.

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Heard arguments of the learned counsel for the appellants-claimants and the learned counsel for respondent No.1 – insurance company and perused the materials on record.

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The compensation awarded by the Tribunal is

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as follows:

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Loss Dependency	:	Rs.	5,76,000/-
Loss of Estate	:	Rs.	10,000/-
Loss of Consortium	:	Rs.	10,000/-
Funeral and Transportation Expenditure	:	Rs.	10,000/-
TOTAL	:	Rs.	6,06,000/-

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MFA No. 1937 of 2017

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In the present case, the deceased was aged

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around 35 to 40 years old as on the date of the accident. The accident occurred during the year 2010. The Tribunal has committed error in adopting the notional income of the deceased at Rs.4,000/- per month, as it is on lesser side. Therefore, as per Chart of notional income recognized by the Karnataka State Legal Services Authority, a sum of Rs.5,500/- per month is to be taken as notional monthly income of the deceased. As per the principle of law laid down by the Hon’ble Apex Court, in the case of National Insurance Co. Ltd. Vs. Pranay Sethi¹ , 40% of the income is added towards 'loss of future prospects in life'. There are eight dependants of deceased viz., mother, father, wife and five daughters. Therefore, 1/5^th amount would be deducted towards ‘personal and living expenses’. The appropriate multiplier applicable as per the judgment of the Hon’ble Supreme Court, in the case of Smt.Sarla Verma & Others. Vs. Delhi

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1 (2017) 16 SCC 680

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MFA No. 1937 of 2017

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Transport Corpn And Another² is ‘15’. Therefore, the compensation under the head ‘Loss Of Dependency along with Loss of Future Prospects in Life’ is recalculated and quantified as follows:

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Rs.5,500 + 2,200 (40% of 5,500) x 4/5 x 15 x 12 = Rs.11,08,800/-

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The Tribunal has committed error in awarding compensation ‘Loss Of Consortium and Love And Affection’ at Rs.10,000/-, which is on the lesser side. Therefore, as per the judgment of the Hon’ble Apex Court in the cases of Magma General Insurance Co. Limited

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v. Nanu Ram & Others³ and in the case of National Insurance Co. Ltd. Vs. Pranay Sethi⁴ , the claimants are the mother, father, wife and five daughters are entitled to Rs.40,000/- each under the head ‘ Loss Of Consortium’, along with 10% escalation. Accordingly, Rs.3,20,000/-

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2 AIR 2009 SC 3104

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MFA No. 1937 of 2017

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(Rs.40,000 x 8 + 10%) is awarded under the head ‘Loss Of Consortium including Loss Of Love And Affection’ .

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘Loss Of Estate’ And ‘Funeral And Transportation’ respectively, along with 10% escalation. Therefore, Rs.33,000/- (Rs.15,000 x 2 + 10%) towards ‘Loss Of Estate’ And ‘Funeral And Transportation’.

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Thus, in all the appellants/claimants are entitled

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for enhanced compensation as follows:

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Loss Dependency (Rs.5,500 + 2200 (40% x 5500) x 4/5 x 15 x 12)	:	Rs.	11,08,800/-
Loss of Consortium (Rs.40,000 x 8 + 10%)	:	Rs.	3,52,000/-
Loss of Estate(15,000 + 10%)	:	Rs.	16,500/-
Funeral and Transportation Expenditure(15,000 + 10%)	:	Rs.	16,500/-
TOTAL	:	Rs.	14,93,800/-

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3 2018 ACJ 2782

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4 (2017) 16 SCC 680

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MFA No. 1937 of 2017

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Therefore, the appellants-claimants are entitled for compensation of Rs.14,93,800/- as against Rs.6,06,000/-. The appellant – claimant is entitled for an additional compensation of Rs.8,87,800/-

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(Rs.14,93,800 – Rs.6,06,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. The Insurance Company is directed to deposit the amount of total compensation within Eight Weeks from the date of receipt of the certified copy of this judgment.

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Accordingly, I pass the following:

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ORDER

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i. The appeal is Allowed In Part .

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ii. The impugned judgment and award dated 23.07.2012, passed in M.V.C.No.68/2010, on the file of the Additional Senior Civil Judge And

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10 -

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MFA No. 1937 of 2017

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Motor Accident Claims Tribunal – XIII, at Madhugiri, is modified to the aforesaid extent.

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iii. The appellant – claimant is entitled for an additional compensation of Rs.8,87,800/(Rs.14,93,800 – Rs.6,06,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. However, the appellants-claimants are not are entitled for interest for the delayed period of 1593 days, in filing the appeal.

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iv. Respondent No.2 – insurance company shall pay the compensation to the appellants/claimants.

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