First appeal by claimants challenging the Motor Accidents Claims Tribunal's award of meager compensation for death in a road accident. The Court enhanced compensation by applying statutory notional income and re-evaluating loss of consortium for three dependents.
Enhanced total compensation to Rs. 17,12,056/- with 6% interest on the enhanced amount.
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.
NC: 2024:KHC:3223 MFA No. 1556 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1556 OF 2021 (MV-I)
BETWEEN:
Digitally signed by B LAVANYA
Location: HIGH COURT OF KARNATAKA
S AT PRESENT R/AT C/O MANJEGOWDA KERALAPURU VILLAGE, RAMANTHAPURA HOBLI, ARAKALAGUD HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT -573 102.
(BY SRI. SHARATH S GOWDA.,ADVOCATE) AND:
…APPELLANTS
NC: 2024:KHC:3223 MFA No. 1556 of 2021
MYSURU TALUK -571 107 (OWNER OF TEMPL TRAX BEARING REGISTRATION NO.KA-19/P-0532)
…RESPONDENTS (NOTICE TO R-1 IS DISPENSED V.O.D 30.05.2023; SRI.ASHOK.N.DESAI.,ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2019 PASSED IN MVC NO. 895/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellants-claimants challenging the judgment and award dated 6th September, 2019 passed in MVC.No.895/2018 by the Senior Civil Judge & Member, MACT, Arkalgud, (for short ‘ the Tribunal’ ). This appeal is founded on the premise of inadequate and meager compensation awarded by the Tribunal.
NC: 2024:KHC:3223 MFA No. 1556 of 2021
One Smt. Lalitha was proceeding as a pillion rider on Bajaj CT 100 bike bearing Registration No.KA-09/EF-0473 on 21.7.2017 at about 11.30 p.m. When she reached land of one Lokesha near Bettadapura-Athigodu village, the driver of the Tempo Trax bearing Registration No.KA-19/P-0532 came in a rash and negligent manner from the opposite direction and dashed against the vehicle, in which Smt. Lalitha was a pillion rider. Due to the impact of the accident, Smt. Lalitha, who was a pillion rider fell down and suffered injuries and subsequently succumbed to the injuries.
3.1 It is pleaded that the deceased was hale and healthy prior to the accident and working as agriculturist and she is said to be aged 42 years as on the date of occurrence of the accident.
3.2 On service of notice, Respondent No.2 appeared through his counsel, filed written statement and denied the averments made in the claim petition including age, avocation,
NC: 2024:KHC:3223 MFA No. 1556 of 2021
income so also negligence on the part of driver of the Tempo Trax vehicle. Hence, sought for dismissal of the claim petition.
3.3 On the basis of the pleadings, the Tribunal framed relevant issues for consideration.
3.4 In order to substantiate the issues and establish the case, the claimant No.1 examined himself as PW.1 and got marked the documents as per Ex.P1 to Ex.P12 on his behalf. On the other hand, the respondents got examined one Mr. A.S. Ravindra Kuamr as RW.1 and got marked Authorisation letter as Ex.R1.
3.5 On the basis of the material evidence, both oral and documentary, the Tribunal awarded a total compensation of Rs.8,10,224/- with interest at 9% per annum.
3.6 Being aggrieved by the meager compensation awarded by the Tribunal, the claimants are before this Court seeking enhancement of compensation.
NC: 2024:KHC:3223 MFA No. 1556 of 2021
Tribunal erred in assessing the income of the deceased to be Rs.5,000/- per month for computation of loss of dependency. He also contended that the compensation awarded under the other heads is on the lower side and requires enhancement. On these grounds, he seeks for substantial enhancement of compensation.
NC: 2024:KHC:3223 MFA No. 1556 of 2021
claimants have produced Ex.P1 to Ex.P12, the Police records as well as medical records.
same does not call for interference. Therefore, loss of dependency after addition of 25% towards future prospects and deducting one-third towards personal and living expenses would be Rs.15,40,056/- {(Rs.11,000 plus Rs.2,750) - Rs.4,583 = Rs.9167; Rs.9167 x 12 x14} as against Rs.7,00224/- awarded by the Tribunal.
NC: 2024:KHC:3223 MFA No. 1556 of 2021
decision of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680, Rs.40,000/- to be awarded to each dependents towards loss of consortium along with 10% escalation on the same. In the present case, there are three dependants. Therefore, this Court deems it appropriate to award Rs.1,20,000/- (Rs.40,000/- x 3) along with 10% escalation for one block period, which would come to Rs.12,000/- (Rs.1,20,000/- x 10%). In all, the claimants would be entitled to Rs.1,32,000/- towards loss of consortium. In view of the same, separate compensation is not awarded under the head of 'loss of love & affection'.
entitled to a total compensation of Rs.17,12,056/- as against
Rs.8,10,224/- as mentioned in the table below:
| Sl. No. |
Head of compensation | Amount of compensation awarded |
|---|---|---|
| 1 | Loss of dependency | Rs.15,40,056-00 |
| 2 | Loss of consortium | Rs. 1,32,000-00 |
| 3 | Funeral expenses and transportation of dead body, obsequies ceremonies |
Rs. 40,000-00 |
| Total | Rs.17,12,056-00 |
O R D E R
NC: 2024:KHC:3223 MFA No. 1556 of 2021
as against Rs.8,10,224/- awarded by the Tribunal.
List No.: 1 Sl No.: 42
Sd/JUDGE
GSS
1 issue framed by the court
Whether the compensation awarded by the Tribunal for loss of dependency and loss of consortium was inadequate and required enhancement?
Colour shows how this judgement treated each authority
National Insurance Company Limited v. Pranay SethiRelied on¶53
National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680
1 provisions across 1 enactments
Sri Kumara
Smt. Ranjitha K
Sri. Raghuprasad K
Sri Ramesha
ICICI Lombard General Insurance Company Limited
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
