Allowed

Nayan Sarkar v. the New India Assurance Co. Ltd.

Karnataka HC20 Jun 2024MFA/969/2019

Case brief

AI extract

What is this about?

The High Court allowed the appeal filed by dependants under Section 173(1) of the Motor Vehicles Act. The court held the prior tribunal erred in disallowing loss of dependency. It re-calculated notional income and enhanced the compensation to Rs. 6,89,700/- for loss of dependency.

What did the court decide?

Impugned judgment modified; enhanced compensation of Rs. 6,89,700/- with interest at 6% p.a. to be deposited by the Insurance Company within three months.

Nayan Sarkar Vs the New India Assurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:22054 MFA No. 969 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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MISCELLANEOUS FIRST APPEAL NO. 969 OF 2019 (MV-D)

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BETWEEN:

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NAYAN SARKAR S/O LATE NABAKUMAR SARKAR, AGED ABOUT 35 YEARS

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CHAYAN SARKAR S/O LATE NABAKUMAR SARKAR, AGED ABOUT 30 YEARS

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BOTH ARE R/O NO.1, III CROSS, CHIKKABEGUR ROAD, KUDLU GATE, BANGALORE-560 068.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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PERMANANT ADDRESS: NO.196, MALAKARPARA, J.L.NARJIRPUR, BALUGHAT, DAKSHIN DINAJPUR-733 133.

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(BY SRI. JAGADEESH H. T., ADV.)

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…APPELLANTS

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AND:

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THE NEW INDIA ASSURANCE CO. LTD., MOTOR THIRD PARTY CLAIMS HUB, NO.9/2, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE-560 004.

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N.VENKATESH S/O VIJAYA PRASAD, FLAT NO.TF-4,

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NC: 2024:KHC:22054 MFA No. 969 of 2019

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MARUTHI TOWERS, TIKKEL ROAD, LABBIPET, VIJAYAWADA, ANDRAPRADESH-520010.

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…RESPONDENTS

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(BY SMT. GEETHA RAJ, ADV. FOR R1 V/O DATED 15.11.2023 NOTICE TO R2 IS D/W)

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THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2018 PASSED IN MVC NO.6365/2016 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal by the claimants under section 173(1) of the Motor Vehicle Act is filed against the judgment and award dated 23.11.2018 passed by the Motor Vehicle Claims Tribunal, Bengaluru in MVC No. 365/2016.

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The claimants filed a claim petition under section 166 of the Motor Vehicle Act to award just and proper compensation towards the death of Naba Kumar Sarkar who succumbed to accidental injuries on 27.08.2016. The tribunal, in all awarded total compensation of Rs.4,37,069/- with interest at the rate of 9% p.a. The claimants are in appeal seeking enhancement of compensation.

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3 - NC: 2024:KHC:22054 MFA No. 969 of 2019

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Heard learned counsel for the parties and perused the records.

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The death of Navab Kumar Sarkar due to the accidental injuries on 27.06.2016 is not disputed and as of the date of the accident, the deceased was aged about 54 years. The tribunal has grossly erred in not awarding compensation towards loss of dependency. In the absence of proof of income, the notional income of the deceased is assessed about Rs.9,500/-p.m., as per the chart prepared by the Karnataka Legal Service Authority as against Rs.8,000/- assessed by the tribunal. Adding 10% towards future prospects, the income of the deceased is assessed at Rs.10,450/p.m., and deducting 50% towards personal expenditure, income of the deceased is assessed at Rs.5,225/-p.m. Therefore, the claimant is entitled to a compensation amount of Rs.6,89,700/- (5225 x 12 11) towards loss of dependency . The compensation amount awarded on other heads remain unaltered. Hence, the claimants are entitled to enhanced compensation of Rs.6,89,700/-, which shall carry interest at the rate of 6% p.a. from the date of petition till actual realization.

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The compensation amount of Rs.18,000 awarded towards loss of consortium is retained, as well as Rs.30,000 towards loss of estate and funeral expenses, Rs.18,000 towards filial consortium, and Rs.3,27,000 towards medical expenses.

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NC: 2024:KHC:22054 MFA No. 969 of 2019

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Accordingly, the appeal is allowed, and the impugned judgment and award dated 23.11.2018 passed by the Motor Accident Claims Tribunal, Bangalore is modified to the above extent. The enhanced compensation of Rs.6,89,700/- with interest at the rate of 6% p.a., to be deposited by the Insurance Company within three months from the date of receipt of the certified copy of this order.

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Sd/JUDGE

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MPK CT:bms List No.: 1 Sl No.: 20

Nayan Sarkar v. the New India Assurance Co. Ltd.

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Nayan Sarkar v. the New India Assurance Co. Ltd.

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