Claimants appealed for enhancement of compensation for the death of their 19-year-old son in a motor accident. The court recomputed loss of dependency using notional income of Rs.9,000 with 40% future prospects and multiplier 18, and awarded consortium per Magma. Appeal allowed in part; compensation enhanced to Rs.14,81,800.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.843 OF 2017 (MV-D)
BETWEEN:
BOTH ARE RESIDING AT MURTHUNJAYAPURAM VILLAGE, MARCHALAMANDALAM, GUNTURU DISTRICT, ANDHRA PRADESH.
…APPELLANTS
(BY SRI. B.C. THIPPESWAMY, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(R1 – NOTICE SERVED;
R2- NOTICE HELD SUFFICEINT V/O DATED 08.03.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2016 PASSED IN MVC NO.3435/2015 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, (SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants seeking enhancement of the compensation awarded by the III Addl. Senior Civil Judge and MACT, Bengaluru, vide judgment and award dated 03.08.2016 in MVC No.3435/2015.
2. The factum of accident and death of deceased
are not in dispute.
perused the records.
aged 19 years at the time of accident and was studying
third semester in Bachelor of Business Management. The accident has occurred on 27.06.2015, as such, as per the provisions of KSLSA the notional income is taken at Rs.9,000/- per month. To the said income, 40% shall be added towards ‘future prospects in life’ and the appropriate multiplier applicable is '18'. Since the deceased was a bachelor, 50% should be deducted towards his personal expenses. Therefore, loss of dependency is quantified as follows:
Rs.9,000/- + 40% (Rs.3,600) = Rs.12,600/-
Rs.12,600/- - 50% (Rs.6,300/-) = Rs.6,300/-
Rs.6,300/- x 12 x 18 = Rs.13,60,800/-
Thus, the appellants/claimants are entitled for compensation of Rs.13,60,800/towards ‘loss of dependency’.
Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS1 ,
each claimants are entitled for Rs.40,000/- towards ‘loss of consortium’. In the present case, there are two dependants, therefore compensation of Rs.88,000/[Rs.40,000/- x 2 dependants + 10% escalation) is awarded under the head ‘loss of consortium’ including ‘loss of love and affection’.
1 2018 ACJ 2782
NC: 2024:KHC:723 MFA No. 843 of 2017
entitled for total compensation under various heads as
follows:
| Sl. No. |
Particulars | Rs. | Amount | Amount |
|---|---|---|---|---|
| 1 | Loss of dependency | Rs. | 8,64,000/- | 13,60,800/- |
| 2 | Loss of love and | |||
| affection | Rs. | 30,000/- | 88,000/- | |
| 3 | Funeral expenses and transportation |
|||
| of dead body | Rs. | 30,000/- | 16,500/- | |
| 4 | Loss of estate | Rs. | 30,000/- | 16,500/- |
| TOTAL | Rs. | *******9,54,000/-** | 14,81,800/- |
10. Accordingly, I proceed to pass the following:
ORDER
Sd/JUDGE
DR
List No.: 2 Sl No.: 35
1 issue framed by the court
What enhanced compensation are the parents of a deceased 19-year-old student entitled to under the Motor Vehicles Act heads of loss of dependency, consortium, funeral expenses and estate?
Colour shows how this judgement treated each authority
Magma General Insurance Co. Limited v. Nanu Ram & OthersRelied on¶5
2018 ACJ 2782
1 provisions across 1 enactments
Sri Panidepu Akkaiah
Smt Panidepur Ramanamma @ Panidepur Venkataramana
The Principal Narayana E-Techno School, Narayana Educational Society, Bangalore
The Legal Manager M/s Bajaj Allinz General Insurance Company Ltd., Bangalore
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
