Smt.C. Padmavathi Vs Imran Pasha

IMRAN PASHA S/O. ANWAR PASHA, AGED ABOUT 40 YEARS, DRIVER-CUM-OWNER OF THE LORRY BEARING NO.KA-09/A-7787, R/O: HAMPAPURA VILLAGE, H.D. KOTE TALUK, MYSURU DISTRICT.

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THE BRANCH MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E/8, EPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN.

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…RESPONDENTS

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(BY SRI SURESH S. GUNDI, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.)

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2 - NC: 2025:KHC-D:345 MFA No. 100955 of 2016

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION FROM RS.3,60,000/- TO RS.15,00,000/- IN MVC NO.169/2014 BY MODIFYING THE JUDGMENT AND AWARD DATED 01.08.2015 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.V AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.

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

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the claimants challenging the judgment and award dated 01.08.2015, passed by the MACT No.V, Ballari, in MVC No.169/2014, seeking enhancement of compensation.

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Heard the arguments and perused the material placed on record.

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In this case, the factum of accident, death of deceased in the said accident and coverage of insurance are not in dispute.

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In the present case, the tribunal awarded compensation under various heads as follows:

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Sl.No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency.	3,00,000
2.	Towards loss of love, affection.	20,000
3.	Towards loss of consortium.	25,000
4.	Towards transportation, funeral expenses.	15,000
	Total:	3,60,000

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The tribunal awarded lesser amount of

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compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be modified.

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The accident occurred on 22.12.2012. As per the postmortem report, it is proved that the deceased was aged 53 years old. The deceased was an agriculturist having agricultural lands. Hence the notional income of Rs.7,500/- taken by the tribunal is correct. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, 10 % of the income is to be added towards loss of future prospects in life. There are totally two dependents.

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NC: 2025:KHC-D:345 MFA No. 100955 of 2016

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Therefore, 1/3^rd of the income is to be deducted towards personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 11. Therefore loss of dependency is re-assessed and quantified at Rs.7,26,000/- (Rs.7,500 + 10% minus 1/3 x 12 x 11.)

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In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi supra , the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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5 - NC: 2025:KHC-D:345 MFA No. 100955 of 2016

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Thus, the claimants would be entitled for

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency	7,26,000
2.	Towards loss of consortium (40,000 x 2+10%)	88,000
3.	Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%)	33,000
	Total:	8,47,000

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Therefore, the claimants are entitled for

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compensation of Rs.8,47,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.3,60,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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In the result, I proceed to pass the following:

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ORDER

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i) The appeal is allowed in part.

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NC: 2025:KHC-D:345 MFA No. 100955 of 2016

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ii) The judgment and award dated

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01.08.2015, passed by the MACT No.V, Ballari, in MVC No.169/2014, stands modified.

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iii) The claimants are entitled for total compensation of Rs.8,47,000/along with interest at the rate of 6% p.a. from the date of petition till its realization as against

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Rs.3,60,000/- awarded by the tribunal.

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iv) The claimants are not entitled for interest for the delayed period of 152 days in filing the appeal.

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v) The insurance company shall deposit

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the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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vi) The order with regard to apportionment, deposit and release of amount shall be in terms of the tribunal order.

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