Claimants appealed against meagre compensation for the death of a passenger in an auto accident. The High Court re-determined loss of dependency using the Legal Services Authority chart with multiplier 13 and future prospects at 25%, added consortium, funeral and estate heads, enhancing compensation by Rs.4,04,000 with 6% interest.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.1492 OF 2015(MV-D)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT C/O A.S.VASUREDDY, NO.26, LAKSHMI LAYOUT, DEVASANDRA, K.R.PURAM, BANGALORE - 560 036. …APPELLANTS (BY SRI. SREENIVASULU REDDY.S., ADVOCATE)
NC: 2024:KHC:8839 MFA No. 1492 of 2015
AND:
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 11.09.2014 PASSED IN MVC NO.2654/2009 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:8839 MFA No. 1492 of 2015
JUDGMENT
Sri.Sreenivasulu Reddy.S., learned counsel for the appellants, Sri.C.R.Ravishankar., learned counsel on behalf of Sri.Pradeep., learned counsel for respondent No.2 and Sri.A.N.Krishna Swamy., learned counsel for respondent No.4 have appeared in person.
NC: 2024:KHC:8839 MFA No. 1492 of 2015
and lost control and fell into the ditch on the side of the road. Due to the impact, Smt.Parvathamma., fell down and sustained severe injuries all over the body. Immediately she was shifted to Jallappa Hospital. They contended that Smt.Parvathamma was earning a sum of Rs.10,000/- (Rupees Ten Thousand only) per month by doing agriculture and daily farm. Contending that they are entitled for compensation, they fled claim petition seeking compensation before the Tribunal.
In response to the notice, respondents 1 and 3 did not appear and they placed ex-parte. Respondents 2 and 4 appeared through their counsel and filed their separate statements of objections. Among other grounds respondents prayed for dismissal of the petition against them.
Based on the above pleadings, the Tribunal framed issues, parties led evidence and marked the documents. The Tribunal vide Judgment dated:11.09.2014 allowed the claim petition in part. It is this Judgment that is called into question in this appeal on several grounds as set-out in the Memorandum of appeal.
NC: 2024:KHC:8839 MFA No. 1492 of 2015
Learned counsel for the appellants in presenting his arguments vehemently contended that the Tribunal has erred in awarding meagre compensation. He argued by saying that the compensation awarded by the Tribunal requires enhancement. Counsel therefore, submits that the appeal may be allowed.
Learned counsel for respondents 2 & 4 justified the Judgment and award of the Tribunal. They submits that the appeal is devoid of merits and the same may be dismissed.
Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.
It is noticed that the Tribunal has awarded compensation of Rs.3,51,000/- (Rupees Three Lakhs Fifty One Thousand only) towards Loss of dependency. It is contended that the deceased was earning Rs.10,000/- (Rupees Ten Thousand only) per month by doing Agriculture and Dairy Farm. However, there is no proof of income. In the absence of any proof of income, the chart prepared by the Legal Service Authority must be taken into consideration.
As per the chart, the salary of the deceased must be taken as Rs.4,500/- (Rupees Four Thousand Five Hundred only) per month. The age of the deceased was 46 years as on the date of accident, hence the multiplier 13 is to be adopted. Hence, the amount towards the loss of dependency is as under:
CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 25% as per chart because the age of deceased is between 40 to 50.
4,500 X 25% = 1,125 4,500 + 1,125 = 5,625 5,625 divided by 1/3 = 1,875 5,625 - 1,875 = 3,750 3750 x 12 x 13 =5,85,000/Rs.5,85,000/-
In the present case, the deceased left behind her Husband and four daughters. Hence, they are entitled to compensation under the head "Loss of consortium" as under:
40,000 X 5 = Rs.2,00,000/-
This Court deems it appropriate to award Rs.15,000/(Rupees Fifteen Thousand only) towards Funeral and obsequies ceremony as against Rs.10,000/- (Rupees Ten Thousand only).
It is noticed that the Tribunal has not awarded compensation towards loss of estate. Therefore, this Court deems it proper to award Rs.15,000/- (Rupees Fifteen Thousand only) towards loss of estate.
compensation as under:-
| 1. | Loss of dependency | Rs.5,85,000 | Rs.5,85,000/- |
|---|---|---|---|
| 2. | Loss of consortium | 2,00,000 | Rs.2,00,000/- |
| 3. | Funeral expenses. | 10,000**+ 5,000** | Rs.15,000/- |
| 4. | Loss of estate | 15,000 | Rs.15,000/- |
| Total: | Rs.8,15,000/- | ||
| (Less) Compensat | ion awarded by the Tribunal: |
- Rs.4,11,000/- | |
| Enhanced compe | nsation awarded by this Court: |
Rs.4,04,000/- |
NC: 2024:KHC:8839 MFA No. 1492 of 2015
Having regard to the facts and circumstances of the case and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization. Hence, respondents 2 & 4 are equally liable to pay the enhanced amount at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.
ORDER
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rate of 6% per annum from the date of the claim petition till the date of realization.
Companies are jointly and severally directed to deposit the enhanced compensation amount along with 6% interest within a period of two months from the date of receipt of the certified copy of this Judgment.
4. The Registry to draw the modified award
accordingly.
records to the concerned Tribunal forthwith.
Sd/JUDGE
MRP List No.: 1 Sl No.: 39
1 issue framed by the court
Whether the claimants are entitled to enhancement of compensation awarded by the Tribunal for the death of the deceased in the motor vehicle accident?
1 provisions across 1 enactments
Sri. Lokantha S/o Late Muniyappa @ Doddappaiah
Smt. Saritha W/o Muniraj D/o Lokanath
Smt. Kavitha @ Leela W/o Raghu D/o Lokanath
Kumari Anitha D/o Lokanath
Kumari Mala D/o Lokanath
Bajaj Allianz General Insurance Co. Ltd.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
