Cross-appeals in a fatal motor accident claim concerning reassessment of compensation for a 24-year-old deceased. The court fixed notional income at Rs.8,000 per month with multiplier 18 and 40% future prospects, reduced loss of love and affection and interest to 6%, awarding Rs.13,30,600 total.
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.
NC: 2024:KHC:49302 MFA No. 8688 of 2017 C/W MFA No. 2630 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8688 OF 2017(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.2630 OF 2016(MV-I)
IN MFA No. 8688/2017
BETWEEN:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT VADAGANDLAPALLI VILLAGE, NALLAPPA REDDYUR POST, SHANTHIPURAM MANDALAM, CHITTURU DISTRICT, ANDRAPRADESH
…APPELLANTS
(BY SRI. CHANDRASHEKARA REDDY M.V., ADVOCATE)
AND:
R/AT NO.55/1, NEELASANDRA, VIVEKA NAGAR POST, MUNISWAMY GARDEN, NEELASANDRA, BENGALURU 560 087.
…RESPONDENTS
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2; SRI. CHETHAN NAG, ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2016 PASSED IN MVC NO.5907/2013 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, BANGALORE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 2630/2016
BETWEEN:
SHRIRAM GENERAL INS. CO. LTD., E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN 302 022, NOW REPRESENTED BY ITS DEPUTY MANAGER LEGAL, SHRIRAM GENERLA INS. CO. LTD.,
#5/4, 3RD FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD OFF: B.G. ROAD, IIM POST, BENGALURU-560 076
...APPELLANT
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND:
BOTH R/O VADAGANDLAPALLI, NALLAPPAREDDYUR POST, SHANTHIPURAM MANDALAM, CHITTOR DISTRICT, ANDHRA PRADESH 517 507.
S/O WAZEER ALI, AGE: MAJOR R/O #55/1, NEELSANDRA, VIVEKNAGAR POST, MUNISWAMY GARDEN, BANGALORE 560 047
..RESPONDENTS
(BY SRI. M.V. CHANDRA SHEKARA REDDY, ADVOCATE FOR R1 AND R2;
SRI. CHETHAN NAG, ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 4.2.2016 PASSED IN MVC NO.5907/2013 ON THE FILE OF THE 21ST ACMM, 23RD
ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING A COMPENSATION OF RS.14,74,200/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING THE AMOUNT.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
MFA No.8688/2017 is filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Bengaluru, by judgment and award dated 04.02.2016, in MVC No.5907/2013 and MFA No.2630/2016 is filed by the Insurance Company challenging the judgment and award of the Tribunal.
claimant and coverage of insurance are not in dispute.
compensation as under:
| 1. | Towards loss of dependency | Rs.8,64,000/- |
|---|---|---|
| 2. | Towards loss of love and affection | Rs.1,00,000/- |
| 3. | Towards future prospects | Rs.4,32,000/- |
| 4. | Towards funeral expenses | Rs.25,000/- |
| 5. | Towards transportation of dead body |
Rs.10,000/- |
| 6. | Towards loss of estate | Rs.43,200/- |
| Total | Rs.14,74,200/- |
to be added as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680 2700 . Since the deceased is a bachelor and claimants are his parents, 50% of his income has to be deducted towards his personal and living expenditure. Therefore, the 'Loss of Dependency' is reassessed and quantified as under:
Rs.8,000 + Rs.3,200 (40% of Rs.8,000) = Rs.11,200/-
Rs.11,200 x 50% x 12 x 18 = Rs.12,09,600/-.
Accordingly, a sum of Rs.12,09,600/- is awarded under the head 'loss of dependency' .
the case of Rasmita Biswal vs. Div. Manager, National
Insurance Co., Ltd., reported in AIR 2022 SC 85, for every three years 10% income is to be raised. Therefore, a sum of Rs.44,000/- each is awarded under the head 'loss of love and affection'. Accordingly, a sum of Rs.88,000/-
is awarded under the head 'loss of love and affection'.
Rs.16,500/- each under the head ‘Transportation of
dead body, funeral expenses, etc.,’ and 'Loss of estate'.
8. Thus, in all, the claimants are entitled for the
following sums:
| Sl.No. | Particulars | Compensation awarded (in Rs.) |
|---|---|---|
| 1. | Loss of dependency | Rs.12,09,600.00 |
| 2. | Loss of consortium | Rs.88,000.00 |
| 3. | Loss of estate | Rs.16,500.00 |
| 4. | Transportation of dead body, funeral expenses, etc. |
Rs.16,500.00 |
| TOTAL | Rs.13,30,600.00 |
Rs.14,74,200/-, but the appellants/claimants are entitled
to total compensation of Rs.13,30,600/- as against Rs.14,74,200/- awarded by the Tribunal. The Tribunal has awarded interest at the rate of 8% per annum which is on the higher side and hence, this Court deems just and proper to grant 6% interest per annum. Therefore, the appellants/claimants are entitled to compensation of Rs.13,30,600/- along with interest at 6% per annum, from the date of petition till the date of realization.
ORDER
along with interest @ 6% p.a., from the date of petition till its realization.
iv. The amount in deposit shall be transmitted to the Tribunal forthwith.
vi. Draw award accordingly.
SD/(HANCHATE SANJEEVKUMAR) JUDGE
MH/List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the notional income of the deceased and compensation heads awarded by the Tribunal required reassessment.
Colour shows how this judgement treated each authority
National Insurance Company Limited vs. Pranay Sethi and othersRelied on¶5
(2017) 16 SCC 680 2700 · Who else cites this
Magma General Insurance Company Limited v. Nanu Ram and OthersRelied on¶6
2018 ACJ 2782
Rasmita Biswal vs. Div. Manager, National Insurance Co., Ltd.Relied on¶6
AIR 2022 SC 85 · Who else cites this
1 provisions across 1 enactments
Smt. Hamsaveni
P. Narayana Reddy
Mir Khashim Ali
Shriram General Insurance Company Limited
Hanchate Sanjeevkumar
As recorded by the court registry
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