Partly allowed

Smt. Puttamma v. M/S Chanson Cozy Cabs Pvt. Ltd.

Karnataka HC5 Jan 2024MFA/5743/2017

Case brief

AI extract

What is this about?

This First Miscellaneous Appeal challenges a Motor Accident Claims Tribunal award. The High Court modified the compensation, enhancing loss of dependency and reducing awards for love and affection, loss of estate, and funeral expenses, ordering an additional Rs. 3,22,000 to the appellants.

What did the court decide?

Appellants granted enhanced compensation of Rs. 3,22,000 along with interest at 6% per annum from date of petition.

Smt. Puttamma Vs M/S Chanson Cozy Cabs Pvt. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:725 MFA No. 5743 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5743 OF 2017 (MV-D)

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BETWEEN:

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SMT. PUTTAMMA AGED 47 YEARS, W/O LATE LAKKAPPA

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LOKESHA AGED 27 YEARS, S/O LATE LAKKAPPA

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SMT JAYAMMA, AGED 69 YEARS, W/O LATE LAKKAPPAGOWDA

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NO.1 TO 3 ABOVE ARE R/AT H.NO.38, HALALU VILLAGE, NAGAMANGALA TALUK MANDYA DISTRICT – 571 432.

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…APPELLANTS

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(BY SRI. A K BHAT, ADVOCATE)

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AND:

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Digitally signed by RAMYA D

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Location: HIGH COURT OF KARNATAKA

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M/S CHANSON COZY CABS PVT. LTD., #719, ARN ARCADE, 1^ST FLOOR, AREKERE MAIN ROAD, BANNERGATTA ROAD, BENGALURU – 560 076. (RC OWNER OF TATA INDICA V2LS CAR BEARING REG. NO.KA-01-AB-4912)

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RELIANCE GENERAL INSURANCE COMPANY LIMITED 5^TH FLOOR, CENTENARY BUILDING, M. G. ROAD, BENGALURU - 560 001. BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. ASHOK N. PATIL ADVOCATE FOR R2;

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2 - NC: 2024:KHC:725 MFA No. 5743 of 2017

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R1- NOTICE DISPENSED WITH V/O DATED 02.11.2023)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.5454/2015 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER OF MACT, BENGALURU (SCCH.15), 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 appeal is filed by the claimants seeking enhancement of the compensation awarded by the MACT, Bengaluru vide judgment and award dated 07.04.2017 in MVC No.5454/2015.

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The factum of accident and death of deceased are

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not in dispute.

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Heard the arguments of both sides and perused

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the records.

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The Tribunal has not adopted correct parameters while determining the compensation. Therefore, the judgment and award needs modification.

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3 - NC: 2024:KHC:725 MFA No. 5743 of 2017

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In the present case, the deceased met with an

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accident on 08.02.2015 and he was aged 50 years at the time of accident and was doing agricultural work. The Tribunal has taken the notional income of the deceased at Rs.7,000/- per month. As per the provisions of KSLSA, the notional income is ought to be taken at Rs.9,000/- and 25% is ought to be added towards future prospects. The claimants being wife, mother and son, 1/3^rd has to be deducted towards his ‘personal expenses’. The appropriate multiplier applicable is '13'. Therefore, ‘loss of dependency’ is reassessed and quantified as under:

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Rs.9,000/- + 25% (Rs.2,250/-) = Rs.11,250/-

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Rs.11,250/- x 12 x 13 x 2/3^rd = Rs.11,70,000/-

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The Tribunal has awarded compensation of Rs.1,50,000/- towards ‘loss of love and affection’ to petitioner Nos.1 to 3 and compensation of Rs.50,000/- to petitioner No.1 under the head ‘loss of consortium’. As per the judgment of Hon’ble Supreme Court in the case of

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MAGMA GENERAL INSURANCE CO. LIMITED V. NANU

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NC: 2024:KHC:725 MFA No. 5743 of 2017

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RAM & OTHERS¹ , each claimant is entitled for Rs.40,000/-

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towards ‘loss of consortium’. In the present case, there are

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three dependants. Therefore, compensation of Rs.1,32,000/[Rs.40,000/x 3 dependants + 10% escalation) is awarded under the head ‘loss of consortium including love and affection’ as against the compensation awarded by the Tribunal.

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The compensation of Rs.16,500/- is awarded

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towards ‘funeral expenses and transportation of dead body’ as against compensation of Rs.25,000/- awarded by the Tribunal.

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The compensation of Rs.16,500/- is awarded towards ‘loss of estate’ as against compensation of Rs.60,000/- awarded by the Tribunal.

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1 2018 ACJ 2782

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5 - NC: 2024:KHC:725 MFA No. 5743 of 2017

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The Tribunal has awarded compensation of

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Rs.2,72,000/- towards ‘medical expenses’ based on the medical bills produced by the claimants, which is correct and needs no interference.

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Thus, in all, the appellants/claimants are entitled

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for total compensation under various heads as follows:

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Sl. No.	Particulars	Rs.	Amount	Amount
1	Loss of dependency	Rs.	7,28,000/-	11,70,000/-
2	Loss of love and affection	Rs.	1,50,000/-	1,32,000/-
3	Loss of estate	Rs.	60,000/-	16,500/-
4	Funeral expenses and transportation of dead body	Rs.	25,000/-	16,500/-
5	Loss of consortium	Rs.	50,000/-	--
5	Medical expenses	Rs.	2,72,000	2,72,000/-
	TOTAL	Rs.	12,85,000/-	16,07,000/-

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The Tribunal has awarded compensation of Rs.12,85,000/-, but the appellants/claimants are entitled to total compensation of Rs.16,07,000/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.3,22,000/(Rs.16,07,000/Rs.12,85,000/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.3,22,000/- along with interest at the

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NC: 2024:KHC:725 MFA No. 5743 of 2017

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rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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Accordingly, I proceed to pass the following:

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ORDER

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i. Appeal is allowed-in-part .

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ii. The impugned judgment and award dated 07.04.2017 in MVC No.5454/2015 passed by the MACT, Bengaluru, is modified to the extent that appellants/claimants are entitled to enhanced compensation of Rs.3,22,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

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iii. No order as to costs.

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iv. Draw award accordingly.

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Sd/JUDGE

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List No.: 2 Sl No.: 64

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Smt. Puttamma v. M/S Chanson Cozy Cabs Pvt. Ltd.

Case brief

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Smt. Puttamma v. M/S Chanson Cozy Cabs Pvt. Ltd.

Case brief

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