Claimants appealed against the Motor Accidents Claims Tribunal award in a fatal accident case, seeking enhancement. The High Court reassessed the deceased pensioner's income at Rs.13,500 p.m. with multiplier 5, awarded enhanced consortium of Rs.1,92,000 with 20% escalation, and enhanced total compensation from Rs.5,68,840 to Rs.10,42,000.
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 MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2414 OF 2020 (MV-D)
BETWEEN:
W/O S. MAHADEVA RAO, AGED ABOUT 61 YEARS, R/AT NO.5/F, JAYALAKSHMI NILAYA, GANAPATHI TEMPLE ROAD, GIRIDARSHINI, ALANAHALLI LAYOUT, MYSURU - 570 028.
Digitally signed by V KRISHNA Location: High Court of Karnataka
S/O S. MAHADEVA RAO, AGED ABOUT 31 YEARS, R/AT NO.5/F, JAYALAKSHMI NILAYA, GANAPATHI TEMPLE ROAD, GIRIDARSHINI, ALANAHALLI LAYOUT,
NC: 2024:KHC:9164 MFA No. 2414 of 2020
MYSURU - 570 028.
…APPELLANTS (BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2; VIDE ORDER DATED 03.08.2021, NOTICE TO R1 IS DISPENSED WITH;)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2019 PASSED IN MVC NO. 1290/2017 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the claimants challenging the judgment and award dated 31.10.2019 passed by Motor Accident Claims Tribunal, Mysuru, Court of Additional Small Causes and Senior Civil Judge, Mysuru (for short 'the Tribunal') in MVC No.1290/2017. This appeal is founded on the premise of inadequate and meager compensation. Hence, the appellants seek enhancement of compensation.
That on 08.11.2017 at about 5.00 p.m, deceased S. Mahadev Rao was travelling on Scooter bearing registration No.KA-55-Q-5381 towards J.P.Nagar Link road, during which time the driver of TATA Ace bearing registration No.KA-54/5904 came in rash and negligent manner in high speed in the same direction and took a sudden left turn and hit the Scooter of deceased S. Mahadev Rao from hind side and caused accident. Due to the impact of the vehicle deceased S.Mahadev Rao sustained severe injuries to his body and shifted to JSS
NC: 2024:KHC:9164 MFA No. 2414 of 2020
Hospital, Mysuru where he took treatment as an inpatient, but despite that said S. Mahadev Rao succumbed to the injuries on 21.11.2017.
3.1. The claimants who are the unfortunate widow and the children of deceased filed claim petition seeking compensation.
3.2. On service of notice, respondents filed statement of objection, denying the claim of claimants including age, avocation, income and the dependency of the claimants over the deceased . Hence, sought for dismissal of the claim petition.
3.3. On the basis of pleadings, the tribunal framed the relevant issues for consideration.
3.4. In order to substantiate the issues and to establish
the case, the claimants got examined witnesses as PW.1 and got marked documents as Exs.P1 to P16. On the other hand, respondents got examined witness as RW.1, however, did not adduce their evidence either oral or documentary.
3.5. On the basis of material evidence, both oral and documentary and on hearing the submissions of learned
counsel for both parties, the tribunal awarded compensation of Rs.5,68,840/- with interest @ 6% p.a. and directed respondent No.2 - Insurance Company to pay the compensation within 30 days.
3.6. Being aggrieved by the meager compensation awarded by the tribunal, the claimants are before this Court challenging the impugned judgment and award.
Insurance Company, perused the impugned judgment and award on the document at Exs.P1 to P16. On careful perusal of Exs.P1 to P7 which are the police records which clearly depict
the filing of the FIR and charge sheet as against the driver of the offending vehicle TATA Ace. Exs.P7 to P16 are the copies of the financial statement of pension order, hospital inpatient bill, Bank passbook and Aadhaar Card. On perusal of Exs.P1 to P7, the negligence is rightly attributed against the driver of offending vehicle. What requires to be considered is the age, income and avocation for awarding compensation. Ex.P14 is the copy of the pension order, and Ex.P16 is the bank pass book of the deceased person.
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said source. However, the tribunal has assessed the income to be Rs.9,752/- p.m.
are four dependents. Therefore, this Court deems it appropriate to award Rs.1,60,000/-(Rs.40,000 x 4) along with 20% escalation, 10% for one block period, which would come to Rs.32,000/- (Rs.1,60,000/- x 20%). In all, the claimants would be entitled to Rs.1,92,000/- towards loss of
consortium.
Rs.5,68,840/- as mentioned in the table below:
| Heads | Amount in Rs. |
|---|---|
| Loss of dependency | Rs.8,10,000-00 |
| Loss of consortium | Rs.1,92,000-00 |
| (+ 20% escalation) |
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| Loss of estate |
and | Rs.40,000-00 |
|---|---|---|
| transportation of dead | body, | |
| funeral expenses. | ||
| TOTAL | Rs.10,42,000-00 |
ORDER
Sd/JUDGE
AM List No.: 1 Sl No.: 52
2 issues framed by the court
Was the compensation awarded by the Tribunal for the death of the claimants' husband inadequate and liable to enhancement?
What income should be adopted for the deceased pensioner aged 69 for computing loss of dependency?
1 provisions across 1 enactments
Jayalakshmi Bai
Suresh Rao
Nagesha Rao
Abishek M.
Sunil Kumar B. P.
ICICI Lombard General Insurance Company Ltd.
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
