Partly allowed

The National Insurance Co. Ltd. v. Smt Vedavathi

Karnataka HC15 Mar 2024MFA/933/2018

Case brief

AI extract

What is this about?

In a first miscellaneous appeal against a Motor Accident Claims Tribunal award, the High Court recalculated compensation due to lack of proven income. The court reduced the total awarded amount from Rs.14,37,000 to Rs.10,50,900 by adjusting dependency, consortium, funeral, and medical expenses.

What did the court decide?

Compensation reduced to Rs.10,50,900/- along with 6% interest from the date of petition till realization.

The National Insurance Co. Ltd. Vs Smt Vedavathi — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:10925 MFA No. 933 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 933 OF 2018 (MV-D)

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BETWEEN:

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THE NATIONAL INSURANCE CO LTD 1ST FLOOR, PERUMAL BUILDING, PERUMBA, PAYYANUR, KANNUR, KERALA 670307 NOW REPTD BY THE REGIONAL MANAGER, THE NATIONAL INSURANCE CO LTD, NO.144, SUBHARAM COMPLEX, M.G. ROAD, BENGALURU 560001.

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…APPELLANT

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(BY SRI. A N KRISHNA SWAMY.,ADVOCATE)

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AND:

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SMT VEDAVATHI W/O LATE J LAXMANA POOJARY AGED ABOUT 56 YEARS

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT. VANITHA D/O LATE J LAXMANA POOJARY AGED ABOUT 39 YEARS

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SMT. SUJATHA D/O LATE J LAXMANA POOJARY AGED ABOUT 36 YEARS

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SRI. PRASHANTH S/O LATE J LAXMANA POOJARY AGED ABOUT 29 YEARS

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ALL ARE R/AT MUNDOLI HOUSE, KUTHAR PADAVU MUNDOLI VILLAGE,

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NC: 2024:KHC:10925 MFA No. 933 of 2018

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MUNNURU POST,

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MANGALURU TQ AND DISTRICT 575001

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SRI RAJENDRAN MAJOR S/O LNARAYANA NAIR P R/AT SURABH, PERIYA POST VIA PALLIKKARE, KASARAGODU DISTRICT KERALA 671376.

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…RESPONDENTS

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(BY SRI.G.RAVISHANKAR SHASTRY.,ADVOCATE FOR R1 TO R4; R5 - NOTICE SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 28.09.2017 PASSED IN MVC NO.961/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, MEMBER, MACT-III, D.K., MANGALURU, AWARDING COMPENSATION OF Rs.14,37,000/WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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JUDGMENT

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Aggrieved by the award passed in MVC.No.961/2016

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dated 28.09.2017 passed by the III MACT, Mangalore, the insurance company is before this court questioning the quantum of compensation.

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The claim petition is filed seeking compensation of

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an amount of Rs.20,00,000/- for the death of the deceased in the road traffic accident that took place on

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3 - NC: 2024:KHC:10925 MFA No. 933 of 2018

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07.12.2015 at about 7.45 p.m. on account of the rash and negligent driving of the Maruthi Swift Car. The claimants are wife, two daughters and the son. The court below has held that the accident had taken place because of the rash and negligent driving of the driver of the Maruthi Swift Car which is insured by the insurance company and the insurance company is liable to pay the compensation. It is the case of the claimant that he is working as a carpenter and earning an amount of Rs.25,000/- per month. In support of this, the claimants have marked Ex.P-10 Salary Certificate. The court below considering the salary at Rs.16,000/- had granted the compensation as per the

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table given below:

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	Heads	C	ompensation Awarded
1.	Loss of Dependency	: Rs.	11,52,000/-
2.	Medical Expenses & other incident charges	: Rs.	10,000/-
3.	Loss of love and affection	: Rs.	1,00,000/-
4.	Loss of consortium	: Rs.	1,00,000/-
5.	Funeral & obsequies	: Rs.	25,000/-
6.	Loss of estate	: Rs.	50,000/-
	TOTAL	: Rs.	14,37,000/-

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4 - NC: 2024:KHC:10925 MFA No. 933 of 2018

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Learned counsel for the Insurance Company

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submits that the court below without any basis had taken Rs.16,000/- as income. He submits that though the claimant had marked Ex.P-10 Salary Certificate but he has not examined any one in support of the same. When he has not established the same, the court below ought not to have taken the income at Rs.16,000/-. He further submits that even under other heads i..e, loss of love and affection, loss of consortium, funeral expenses, loss of estate the court below had granted the amounts without any basis and contrary to the settled law. It is submitted that the claimant is not entitled for such a huge amount.

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Learned counsel for the respondents submits that the court below had rightly considered Ex.P-10 and taken income at income at Rs.16,000/- and granted the compensation. He submits that under all the heads, the court had granted just and reasonable compensation and no interference is called for.

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5 - NC: 2024:KHC:10925 MFA No. 933 of 2018

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Having heard the learned counsel on either side,

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perused the entire material on record. The case of the respondents is that the deceased was earning an amount of Rs.25,000/- per month and in support of this, Ex.P-10 is marked. As per Ex.P-10, the salary is Rs.15,000/- to Rs.16,000/- per month. There is no dispute on the aspect they have not examined the owner who is the author of Ex.P-10. The court below without there being any evidence, ought not to have taken income at Rs.16,000/and ought not to have granted the compensation of an amount of Rs.14,37,000/- which is on the higher side. As

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there is no evidence with regard to the income, considering the chart prepared by the Karnataka State Legal Services Authority, this court is taking income at Rs.9,000/-. The deceased is aged 58 years. Future prospects comes to 10% i.e., Rs.900/- and if it is added income would come to Rs.9,900/-. As there are four claimants, 1/4^th has to be deducted towards personal expenses i.e., Rs.2,475/-. Then his contribution to the family would be Rs.7,425/-. Under the head of loss of

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6 - NC: 2024:KHC:10925 MFA No. 933 of 2018

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dependency the claimants are entitled for an amount of Rs.8,01,900/- (Rs.7,425/-x 12 x 9). Towards loss of Consortium for four claimants, this court is granting an amount of Rs.48,000 x 4 = Rs.1,92,000/- . Towards funeral expenses this court is granting an amount of Rs.36,000/- . The court below had granted an amount of

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Rs.10,000/- towards medical expenses and other incidental expenses . Considering the submission of the learned counsel for the respondent that the deceased was there in hospital for 11 days, addition to Rs.10,000/incidental expenses this court is granting additional amount of Rs.11,000/-, i.e., totally Rs.21,000/-.

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The claimant is therefore, entitled to the compensation under the following heads:

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NC: 2024:KHC:10925 MFA No. 933 of 2018

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	Heads		Co A	mpensation warded by Tribunal	Compensation Awarded by this Court
1.	Loss of Dependency	:	Rs.	11,52,000/-	8,01,900/-
2.	Medical Expenses & other incident charges	:	Rs.	10,000/-	21,000/-
3.	Loss of love and affection	:	Rs.	1,00,000/-	00/-
4.	Loss of consortium	:	Rs.	1,00,000/-	1,92,000/-
5.	Funeral & obsequies	:	Rs.	25,000/-	36,000/-
6.	Loss of estate	:	Rs.	50,000/-	00/-
	TOTAL	:	Rs.	14,37,000/-	10,50,900/-

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Accordingly, the appeal filed by the Insurance

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Company is partly allowed , reducing the compensation

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amount from Rs.14,37,000/- to Rs.10,50,900/-.

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ORDER

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i) The appeal of the Insurance Company is partly allowed by reducing the compensation amount from Rs.14,37,000/- to Rs.10,50,900/-.

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ii) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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NC: 2024:KHC:10925 MFA No. 933 of 2018

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iii) The amount in deposit shall be forthwith transferred to the court below.

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iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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v) No costs.

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Pending miscellaneous petitions, if any, shall

stand closed.

SD/JUDGE

List No.: 1 Sl No.: 26

The National Insurance Co. Ltd. v. Smt Vedavathi

Case brief

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The National Insurance Co. Ltd. v. Smt Vedavathi

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