Smt. Deepa S Vs the Manager

MASTER NISHANT, S/O LATE MANJUNATHA G, AGED ABOUT 12 YEARS, R/AT # 42,RACHENAHALLI, NEAR GARMENTS, DR SRK NAGAR POST, BANGALORE-560 077, 2^ND APPELLANT IS A MINOR REPRESENTED BY HIS MOTHER (DEEPA) 1^ST APPELLANT.

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…APPELLANTS

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

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(BY SMT. A. SARVARANI FOR SRI. CHANDRASHEKAR RODNAVAR., ADVOCATE)

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AND:

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THE MANAGER, THE UNITED INDIA INSURANCE CO.LTD., MICRO OFFICE CODE NO.70381 (NAGASHETTIHALLI) NO.112,1^ST FLOOR, 80FEET ROAD, NEAR CANARA BANK, SANJAYANAGAR, ASHWATHNAGAR BUS STOP, BANGALORE-560 094, VEHICLE BEARING NO:KL-13-P-4975

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HC-KAR

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POLICY NO:070381/31/13/02/00008863 VALID FROM 17-01-14 TO 16-01-15

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SRI SYED MOHAMOOD, S/O SYED SAFFDAR, AGED ABOUT 43 YEARS R/O # 63,3^RD CROSS, RAHAMATH NAGAR R T NAGAR POST, BANGALORE-560 032.

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…RESPONDENTS

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(BY SRI. C SHANKAR REDDY FOR R1., ADVOCATE, NOTICE TO R2 IS D/W V/O DTD:04.12.2017)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.12.2015 PASSED IN MVC NO.5115/2014 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, M.A.C.T., BENGALURU (SCCH8), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 18.12.2015 passed in MVC No.5115/2014 by the XII Additional Small causes Judge

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HC-KAR

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and Member MACT, Benglauru, for enhancing the

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compensation.

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Heard the arguments of the learned counsel for

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the appellants and learned counsel for respondent No.1. Notice to respondent No.2 is dispensed with.

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The appellants who are the legal heirs of deceased G.Manjunatha, are before this court. The deceased met with an accident on 26.09.2014 and his wife and son, aged 9 years filed this claim application claiming compensation of Rs.25,00,000/-. However, the trial Court considering the entire evidence on the records granted an amount of Rs.20,52,890/with interest at the rate of 8% from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed claiming for enhancement.

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Learned counsel for the appellant mainly contended that they examined PW2 employer of the deceased and filed salary slip for Rs.14,500/-, but the Tribunal wrongly taken his income as Rs.10,000/-. And also requested for enhancement

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HC-KAR

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of loss of estate to Rs.50,000/- from Rs.10,000/-. Further

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stated that Rs.50,000/- was taken as future loss of income.

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Though the employer is examined, he is the Managing Director of the Desai Apparels Group of Company. It was elicited in the cross examination that he has not produced the Attendance Register or the Register, based on which he was paying the salary and taking signatures. As such, the tribunal has rightly considered his income as Rs.10,000/- and this Court finds no reason to interfere with the said order. Learned counsel of the respondent contended that he was a private employee, instead of taking 40% of the future prospects, the tribunal erred in taking 50% and it is to be rectified as 40%. It is also argued by the respondent counsel that consortium, love and affection, are granted at the rate of Rs.1,00,000/and Rs.1,10,000/- respectively and it is to be reduced. But they have not preferred any appeal. As Motor Vehicles Act is a beneficial legislation, the Law is to be always interpreted in favour of the victim. Therefore, this Court finds no reason to interfere with the award of said amount under the said heads. Therefore, the amount granted under the head Loss of Estate,

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HC-KAR

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Transportation, funeral expenses and medical expenses are correct and needs no change. Loss of dependency is assessed as below,

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(Monthly Income) Rs.10,000/- x (Future prospectus) 40% = (Total monthly income) 14,000/-. 1/3^rd is deducted towards personal expenditure (Rs.14,000/- x 1/3^rd = Rs.4,666/-). Balance comes to Rs.9,334/-. So loss of dependency would comes to Rs.9,334 x 12 x 15 = 16,80,120/-.

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Thus in all, this Court has awarded the

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compensation under various heads as follows:

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Particulars	Amount
	in Rs.
Loss of dependency	16,80,120
Loss of consortium	1,00,000
Loss of love and affection and care taker	1,10,000
Loss of estate	10,000
Transportation of dead body and funeral expenses	30,000
Medical expenses	2,890
Total	19,33,010

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Page No.5 retyped and replaced vide court order dated 03/09/2025

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HC-KAR

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Hence, the appellant-claimant is entitled for a total enhanced compensation from Rs.20,52,890/to Rs.19,33,010/- along with interest at the rate of 8% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 18.12.2015 passed in MVC No.5115/2014 by the XII Additional Small causes Judge and Member MACT, Benglauru, is modified;

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iii. The claimants are entitled to a sum of Rs. 19,33,010 /- along with interest at 8% p.a., from the date of petition till the date of realization as against Rs.20,52,890/-.

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iv. Respondent No.1 is directed to deposit the

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said amount within one month from the date of this order.

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Page No.6 retyped and replaced vide court order dated 03/09/2025

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HC-KAR

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v. On such deposit, appellants are entitled for the compensation as per the apportionment of the tribunal and are permitted to withdraw the entire amount along with interest accrued on the same.

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SD/(P SREE SUDHA) JUDGE

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AKV List No.: 1 Sl No.: 8

Smt. Deepa S v. the Manager

Case brief

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Smt. Deepa S v. the Manager

Case brief

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