Allowed

Smt. Susheela v. Sri.v.T.Babureddy

Karnataka HC19 Jan 2024MFA/604/2018

Case brief

AI extract

What is this about?

Claimants appealed for enhancement of motor accident death compensation awarded by the Addl. MACT, Hassan. The Court reassessed notional income at Rs.8,000/- per month with future prospects, applied multiplier 13, awarded consortium per claimant, scaled down certain heads, and enhanced total compensation to Rs.16,42,194/-.

What did the court decide?

Enhanced compensation of Rs.6,68,000/- with 6% p.a. interest from date of petition till realisation, excluding interest for delay of 335 days.

Smt. Susheela Vs Sri.v.T.Babureddy — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^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.604 OF 2018 (MV-D)

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BETWEEN:

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SMT. SUSHEELA W/O LATE NAGARAJU H.P AGED ABOUT 51 YEARS

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SMT ANUSHA H N D/O LATE NAGARAJU H.P MAJOR,

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AKSHATHA H N D/O LATE NAGARAJU H P MAJOR

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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PUTTEGOWDA S/O NANJEGOWDA AGED ABOUT 71 YEARS RESIDENT OF HARIHARAPURA VILLAGE H N PURA TALUK HASSAN DISTRICT 573211

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SMT. NINGAMMA W/O PUTTEGOWDA, AGED ABOUT 61 YEARS RESIDENT OF HOUSE NO.85, HARIHARAPURA VILLAGE, H N PURA TALUK, HASSAN DISTRICT - 573 211

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ALL ARE RESIDENT OF GOWRIKOPPALU VILLAGE, BAVI STREET, HASSAN – 573 201. (BY SRI. CHETHAN B, ADVOCATE)

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…APPELLANTS

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2 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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AND:

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SRI.V.T.BABUREDDY S/O THIMMAREDDY MAJOR RESIDENT OF NINGASANDHRA, HOSURU ROAD, BANGALORE DISTRICT BANGALORE.

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THE RELIANCE GENERAL INSURANCE CO LTD SRI. BALAJI ENCLAVE, NO782, 16^TH MAIN, BTM LAYOUT, 2^ND STAGE, BANGALORE – 560 075 REPRESENTED BY THE MANAGER RELIANCE GENERAL INSURANCE CO., LTD., KRUTHIKA ARCHED, N.R. CIRCLE, HASSAN CITY, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. B.PRADEEP, ADVOCATE; R1-V/O DATED 12.01.2023 NOTICE DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23/01/2016, PASSED IN MVC NO.610/2014, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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JUDGMENT

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This appeal is filed by the claimants seeking

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enhancement of the compensation awarded by the Addl. Senior Civil Judge and Addl. MACT, Hassan, vide judgment

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and award dated 23.01.2016 in MVC No.610/2014.

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The factum of accident, death of deceased and

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coverage of insurance are not in dispute.

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Heard the arguments of both parties and

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perused the materials on record.

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In the present case, the Tribunal has awarded

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compensation as under:

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Sl. No.	Particulars	Amount in Rs.
1	Loss of dependency	5,85,000/-
2	Loss of consortium	50,000/-
3	Loss of Love and affection and guidance of their father to petitioner Nos.2 and 3	50,000/-
4	Loss of love and affection to petitioner Nos.4 and 5	20,000/-
5	Loss of estate	25,000/-
6	Transportation of dead body and obsequies ceremony	25,000/-
7	Medical expenses	2,19,194
	Total	9,74,194/-

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4 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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The Tribunal while determining the

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compensation has not adopted the correct parameters. Hence, claimants are entitled for enhancement of compensation.

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The alleged accident has occurred on 27.12.2013 and one Sri.Nagaraju succumbed to the injuries sustained in the said accident. The claimants are the wife, two daughters and parents.

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The Tribunal has taken the monthly income of deceased at Rs.5,000/- per month, but as per KSLSA the notional income for the accidents of the year 2013 was ought to be taken at Rs.8,000/- per month. Hence, the notional income of the deceased is taken at Rs.8,000/- per month.

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The deceased was aged 50 years at the time of

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accident, therefore, 25% income has to be added towards loss of future prospects. The appropriate multiplier

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5 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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applicable is ‘13’. Even though there are 5 dependents, the Tribunal has deducted 1/4^th of deceased’s income, since as per the judgment of Hon’ble Supreme Court in the

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case of SARLA VARMA v. DELHI TRANSPORT

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CORPORATION AND ANOTHER¹ father is not dependent unless it is shown that he has no income of his own and as

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such father of deceased is not taken into consideration because no evidence was produced to show that he has no income of his own. Following the said principles, it is just and proper to deduct 1/4^th of the deceased’s income in the present case also. Hence, loss of dependency is reassessed as under:

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Rs.8,000/- + 25% (Rs.2,000/-) = Rs.10,000/-

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Rs.10,000/- x ¾ x 13 x 12 = Rs.11,70,000/-

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Thus, claimants are entitled for a compensation of Rs.11,70,000/- towards ‘loss of dependency’.

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The Tribunal has awarded compensation of

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Rs.50,000/- towards ‘loss of love and affection’ to

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1 2009 ACJ 1298

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6 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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appellant Nos.2 and 3 and Rs.20,000/- towards ‘loss of

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love and affection’ to appellant Nos.4 and 5 and a sum of Rs.50,000/- towards ‘loss of consortium’. The ‘loss of love and affection’ and ‘loss of consortium’ are having the same connotation. As per the judgment of Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO.

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LIMITED V. NANU RAM & OTHERS² , each claimant is entitled for Rs.40,000/- with 10% escalation towards ‘loss of consortium’. In the present case, there are five dependants. Therefore, compensation of Rs.2,20,000/[Rs.40,000/- x 5 dependants + 10% escalation) is awarded under the head ‘loss of consortium’ including ‘loss of love and affection’.

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The Tribunal has awarded compensation of

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Rs.25,000/- towards ‘funeral expenses and transportation of dead body’, which is on higher side and same is scaled

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2 2018 ACJ 2782

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NC: 2024:KHC:2864 MFA No. 604 of 2018

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down to Rs.16,500/-. Hence, compensation of

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Rs.16,500/- is awarded towards ‘funeral expenses and transportation of dead body’.

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The Tribunal has awarded compensation of Rs.25,000/- towards ‘loss of estate’, which is on higher side and same is scaled down to Rs.16,500/-. Hence, compensation of Rs.16,500/- is awarded towards ‘loss of estate’.

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The Tribunal has awarded compensation of Rs.2,19,194/- towards ‘medical expenses’ based on the medical bills produced by the claimants, which needs no interference. Hence, same is kept intact.

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Thus, in all, the appellants/claimants are entitled for total compensation under various heads as follows:

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8 - NC: 2024:KHC:2864 MFA No. 604 of 2018

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Sl. No.	Particulars	Rs.	Awarded by Tribunal	Awarded by this Court
1	Loss of dependency	Rs.	5,85,000/-	11,70,000/-
2	Loss of consortium including loss of love and affection	Rs.	50,000/-	2,20,000/-
3	Funeral expenses and transportation of dead body	Rs.	50,000/-	16,500/-
4	Loss of estate	Rs.	25,000/-	16,500/-
5	Medical expenses	Rs.	2,19,194/-	2,19,194/-
	TOTAL	Rs.	9,74,194/-	16,42,194/-

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The Tribunal has awarded compensation of Rs.9,74,194/-, but the appellants/claimants are entitled to total compensation of Rs.16,42,194/-. Hence, the appellants/claimants are entitled to enhanced compensation of Rs.6,68,000/(Rs.16,42,194/Rs.9,74,194/-). Therefore, the appellants/claimants are entitled to enhanced compensation of Rs.6,68,000/- 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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Accordingly, I proceed to pass the following:

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NC: 2024:KHC:2864 MFA No. 604 of 2018

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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 23.01.2016 in MVC No.610/2014 passed by the Addl. Senior Civil Judge & Addl. MACT, Hassan, is modified to the extent that the appellants/claimants are entitled to enhanced compensation of Rs.6,68,000/- 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. The appellants/claimants are not entitled to interest for the delay period of 335 days.

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iv. No order as to costs.

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v. Draw award accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 3

Smt. Susheela v. Sri.v.T.Babureddy

Case brief

What is this about?

What did the court decide?

Smt. Susheela v. Sri.v.T.Babureddy

Case brief

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What did the court decide?

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