Partly allowed

Varalakshmi v. Sameer

Karnataka HC13 Dec 2023MFA/3854/2019

Case brief

AI extract

What is this about?

The High Court allowed a motor vehicle accident appeal, enhancing the compensation awarded by the Tribunal from Rs.26,19,177 to Rs.31,35,169. The enhancement was based on a recalculation of the deceased's loss of dependency and the awarding of legal expenses, with an order for deposit and interest.

What did the court decide?

Enhanced compensation awarded to Rs.31,35,169/- carrying 6% interest; Respondent insurance company to deposit the amount within eight weeks.

Varalakshmi Vs Sameer — Execution and Attachment | Karnataka HC (2023)

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1 - NC: 2023:KHC:46887 MFA No. 3854 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3854 OF 2019 (MV-I)

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BETWEEN:

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VARALAKSHMI, W/O LATE RAMAMURTHY, AGED ABOUT 41 YEARS,

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BHAVANI R, D/O LATE RAMAMURTHY, AGED ABOIUT 22 YEARS,

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KUMARI AKILA R, D/O LATE RAMAMURTHY, AGED ABOUT 20 YEARS,

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GOWRAMMA, W/O LATE KRISHNAPPA, AGED ABOUT 68 YEARS,

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

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APPELLANTS NO.1 TO 3 ARE R/AT BALAGARANAHALLI, NERALUR, ANEKAL BANGALORE.

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APPELLANT NO.4 IS RESIDING AT : U-PURAM, UDEDURGAM, NAGAMANGALAM, KRISHNAGIRI, T.N.

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…APPELLANTS

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(BY SRI. JAGADISH G. KUMBAR.,ADVOCATE)

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NC: 2023:KHC:46887 MFA No. 3854 of 2019

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AND:

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SAMEER,

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S/O ABDUL BASHEER, NO.4/44, KOTTAIPUDHU THARU, MADHAKONDAPALLI, DENKANIKOTTAI, KRISHNAGIRI (T.N)

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THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4L, II FLOOR, S.V. ARCADE, BILEKAHALLI MAIN ROAD, IIMB POST, OFF. BANNERUGHATTA ROAD, BANGALORE 560 076.

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…RESPONDENTS

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(BY SRI.B.C SHIVANNEGOWDA FOR R2 .,ADVOCATE)

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VIDE ORDER DATED 19.04.2022 NOTICE TO R1 D/W.

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2018 PASSED IN MVC NO.5391/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, ADDITIONAL MACT, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR 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

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the award passed in M.V.C.No.5391/2016 dated

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13.12.2018, on the file of the IX Additional Small Causes

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3 - NC: 2023:KHC:46887 MFA No. 3854 of 2019

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and Additional MACT., Bengaluru, (SCCH-7), whereby the Tribunal granted compensation of an amount of Rs.26,19,177/-. The claim petition was filed seeking compensation of an amount of Rs.80,00,000/- for the death of the deceased in the accident.

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According to the claimants, the deceased was aged 40 years and was working as an operator in Shree Lakshmi Industrial Forge and Engineers Ltd., (KEMS FORGINGS LTD.,) and drawing monthly salary of an amount of Rs.25,000/-. They have marked the pay slip i.e., Ex.P9, 10 & 11 which shows that he was earning an amount of Rs.17,713/-. The author of the said document is examined as PW-2 who deposed that he was working in his company for the last 7 years and he was getting gross salary of Rs.17,713/-, in that Rs.200/- is professional tax.

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The Court below had considered the income at Rs.15,120/- per month and by considering the future prospects at 25% had granted an amount of Rs.23,81,400/- under the head of loss of dependency.

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4 - NC: 2023:KHC:46887 MFA No. 3854 of 2019

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Towards loss of consortium granted an amount of Rs.40,000/-, loss of love and affection granted an amount of Rs.15,000/-, for funeral, obsequies ceremony and conveyance granted an amount of Rs.15,000/-, Medical expenses granted an amount of Rs.1,57,777/-, for special diet and conveyance granted an amount of Rs.10,000/-. Altogether, compensation of an amount of Rs.26,19,177/was awarded by the Tribunal.

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The Learned counsel appearing for the appellantclaimant submits that when they had produced the evidence to show that he was earning an amount of Rs.17,513/-. The Court below had taken the income at Rs.15,120/- without any basis. It is submitted that even under the other heads also the compensation that was granted by the Tribunal is not just and reasonable.

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The Learned counsel appearing for the Insurance Company submits that basing on the evidence, the Court below had rightly granted the compensation.

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5 - NC: 2023:KHC:46887 MFA No. 3854 of 2019

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Having heard the learned counsels on either side,

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perused the entire material on record. In this case, as per the pay slips and examining PW-2 the claimants could prove that the deceased was earning an amount of Rs.17,713/- and there was no reason for the Court below to disbelieve the evidence on record. The professional tax of Rs.200/- is deducted, it comes to an amount of Rs.17,513/-. There is no dispute about the fact that he is entitled for the future prospects. It comes to Rs.4,378/(Rs.17,513/- + Rs.4,378/-= Rs.21,891/-). There are four

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dependents, 1/4^th has to be deducted towards his personal expenses. It comes to Rs.5,472/-. His contribution to the family would be Rs.16,419/-. Under the head of loss of dependency, they are entitled for an amount of Rs.27,58,392/- (Rs.16,419/- x 12 x 14=27,58,392/-).

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The Court below had already granted an amount of Rs.1,57,777/- towards medical expenses which is reasonable and no interference is called for. Towards loss of consortium, this Court is granting an amount of

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6 - NC: 2023:KHC:46887 MFA No. 3854 of 2019

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Rs.4x44,000= 1,76,000/- and towards funeral expenses

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an amount of Rs.33,000/-.

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In the light of the law laid down by the Hon'ble

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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 . Altogether, the claimant is entitled for an amount of Rs.31,35,169/-.

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The claimant is entitled for compensation under the following heads:

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Sl. No.	Description of Items	C	ompensation Awarded
1.	Loss of dependency	Rs.	27,58,392/-
2.	Funeral Expenses	Rs.	33,000/-
3.	Loss of consortium	Rs.	1,76,000/-
4.	Medical Expenses	Rs.	1,57,777/-
5.	Legal Expenses	Rs.	10,000/-
	Total	Rs.	31,35,169/-

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1 (2014) 11 SCC 178

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NC: 2023:KHC:46887 MFA No. 3854 of 2019

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Accordingly, the Appeal of the claimants is Allowedin-part by enhancing the compensation amount of from Rs.26,19,177/- to Rs.31,35,169/-.

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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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NC: 2023:KHC:46887 MFA No. 3854 of 2019

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iv) No costs.

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Pending miscellaneous petitions, if any, shall stand

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closed.

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SD/JUDGE

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RMS List No.: 1 Sl No.: 22

Varalakshmi v. Sameer

Case brief

What is this about?

What did the court decide?

Varalakshmi v. Sameer

Case brief

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