Partly allowed

Smt. Rajamma v. the Manager

Karnataka HC20 Sept 2024MFA/677/2023

Case brief

AI extract

What is this about?

In a motor accident claim appeal, the High Court of Karnataka set aside the Motor Accidents Claims Tribunal's lower award on conventional heads. The Court allowed the appeal in part, enhancing the compensation by Rs. 95,000 to match statutory rates for funeral, estate, and spousal/parental consortium losses, and issued directions regarding interest, deposit, and investment of the minor's share.

What did the court decide?

Compensation enhanced by Rs. 95,000; interest at 6% per annum; respondent directed to deposit within eight weeks; minor's share to be invested.

Smt. Rajamma Vs the Manager — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:38807 MFA No. 677 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 677 OF 2023 (MV-D)

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BETWEEN:

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SMT. RAJAMMA, W/O. LATE JAGAMOHAN, AGED ABOUT 32 YEARS,

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NISHA D/O. LATE JAGAN MOHAN, AGED ABOUT 14 YEARS, MINOR, REP BY HER MOTHER SMT. RAJAMMA,

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BOTH ARE RESIDING AT NO. 182, V. COMPLEX, KARAKUSHALA NAGARA, B.M. SRI. NAGARA, MYSURU-570 016.

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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SMT. VIMALA W/O. LATE MADHU, AGED ABOUT 58 YEARS, RESIDING 421/1, BELAVATTA VILLAGE, RBI POST, MYSURU-570 003.

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…APPELLANTS

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(BY SRI. SYED ABDUL SABOOR,ADVOCATE)

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2 - NC: 2024:KHC:38807 MFA No. 677 of 2023

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AND:

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THE MANAGER, SHIV HOME CARGO MOVERS, 1565, OUTRAM LINES, KINGSWAMY, NEW DELHI-110 009, INDIA.

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THE MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., MAHARAJA COMPLEX, SUBURBAN BUS STAND, NAZARBAD, BENGALURU NILAGIRI ROAD, MYSURU-570 003.

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…RESPONDENTS

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(BY SRI. MALLIKARJUN REDDY N.A.,ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2)

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THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.11.2022 PASSED IN MVC NO.1070/2020 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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3 - NC: 2024:KHC:38807 MFA No. 677 of 2023

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ORAL JUDGMENT

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Heard Sri.Syed Abdul Saboor, learned counsel for

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appellant as well as Sri.Mallikarjuna Reddy, who represents Sri.Pradeep B., learned counsel on record for respondent No.2.

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Challenge in this appeal is the order that is rendered by the Motor Accidents Claims Tribunal, Mysuru, in MVC No.1070/2020 dated 29.11.2022. This is a claimant's appeal.

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The limited point involved in this appeal as submitted by Sri.Syed Abdul Saboor, learned counsel for appellant is with regard to grant of compensation under conventional heads. Learned counsel says that the Tribunal granted a sum of Rs.70,000/- in total under the conventional heads, which is unjustifiable.

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Sri.Mallakarjuna Reddy N.A., learned counsel who

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represents Sri.Pradeep B., learned counsel for respondent No.2 seeks the Court to pass necessary orders.

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It is not in dispute that the first appellant is the

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wife, the second appellant is the minor daughter and the third

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4 - NC: 2024:KHC:38807 MFA No. 677 of 2023

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appellant is the mother of the deceased Jagan Mohan who met with the road traffic accident on 10.11.2020 and succumbed to injuries. The Tribunal, apart from awarding a sum of Rs.25,98,528/- towards loss of dependency, Rs.4,43,900/towards medical expenses, awarded a sum of Rs.70,000/under the conventional heads. As per the established principles of law, as the accident occurred in the year 2020, the appellants are entitled to Rs.16,500/- towards funeral expenses and Rs.16,500/- towards loss of estate. Apart from that the first appellant being the wife of the deceased, is entitled to Rs.44,000/- towards loss of spousal consortium, the second appellant being the minor daughter of the deceased, is entitled to Rs.44,000/- under the head loss of parental consortium, the third appellant being the mother of the deceased is entitled to Rs.44,000/- under the head loss of filial consortium. Thus, in all the appellants are entitled to a sum of Rs.1,65,000/- under the conventional heads. However, the Tribunal through the impugned order awarded a sum of Rs.70,000/- only. Therefore, the enhancement will be Rs.95,000/(Rs.1,65,000/Rs.70,000/-). Thus, the appeal is disposed of with the following:

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NC: 2024:KHC:38807 MFA No. 677 of 2023

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ORDER

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i) The appeal is allowed in part.

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ii) The compensation that is awarded by the Motor Accidents Claims Tribunal, Mysuru, through orders in MVC No.1070/2020 dated 29.11.2022 is enhanced by Rs.95,000/-.

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iii) The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.

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iv) The second respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order.

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v) The appellants No.1 to 3 are entitled to equal share out of the enhanced sum.

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vi) The appellants 1 and 3 are permitted to withdraw their respective shares immediately.

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vii) The amount that falls to the share of second appellant shall be invested in any interest yielding Fixed Deposit Scheme of any Nationalized Bank till the second appellant attains the age of majority.

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NC: 2024:KHC:38807 MFA No. 677 of 2023

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viii) On her attaining the age of majority, she is permitted to withdraw the entire amount.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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AP CT:TSM List No.: 1 Sl No.: 5

Smt. Rajamma v. the Manager

Case brief

What is this about?

What did the court decide?

Smt. Rajamma v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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