Smt. Hemavathi Vs the Icici Lombard Motor Insurance

(BY SRI. ASHOK N PATIL., ADVOCATE FOR R-1; SRI. A.M.VENKATESH., ADVOCATE FOR R-4; VIDE ORDER DATED:08.07.2025, NOTICE TO R-2, R-3 & R-5 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2023 PASSED IN MVC NO. 25/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 - NC: 2025:KHC:26137 MFA No. 2401 of 2024

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HC-KAR

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC.No.25/2020 dated 24.04.2023 by the II Addl. Senior Civil Judge and JMFC and MACT, Davanagere, the claimant is before this court seeking enhancement of the compensation.

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Learned counsel appearing for the claimant submits that the claim petition has been filed seeking compensation of an amount Rs.53,90,000/- for the death of deceased in the accident that took place on 13.08.2017. Whereas the tribunal has awarded an amount Rs.19,12,000/-. It is submitted that there are two claimants, the tribunal had deducted 50% towards the personal expenses which is on the higher side. Even under the other conventional heads also the amounts that are granted by the Tribunal are not just and reasonable compensation.

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Learned counsel appearing for the insurance company submits that the accident has taken place in the year 2017 and as per the chart prepared by the Karnataka Legal Services Authority as there is no other evidence, the income of the deceased should have been taken at Rs.11,000/- but the

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4 - NC: 2025:KHC:26137 MFA No. 2401 of 2024

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HC-KAR

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tribunal has taken income at Rs.14,500/- considering that the accident had taken place in the year 2020. No appeal is filed by the insurance company. When there is evidence on record and when the finding of the court is not justified, this court can interfere with the same. Learned counsel for the appellant also does not dispute the fact that the accident has taken place in the year 2017. When there is no income of the deceased, the notional income has to be taken as Rs.11,000/-.

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Having heard the learned counsels on either side, perused entire material on record. The accident has taken place in the year 2017, as there is no other evidence the income has to be taken as per the chart prepared by the State Legal Services Authority and the income is taken at Rs.11,000/-. As the age of the deceased was 38 years, future prospects have to be taken at 40%, It comes to Rs.4,400/-. Then the income of the deceased is taken at Rs.15,400/(Rs.11,000/- + Rs.4,400/-). As there are two claimants, the tribunal ought to have deducted 1/3rd instead of 50%, it comes to Rs.5,133/- (Rs.15,400/- x 1/3=Rs.5,133/-). Then his contribution to the family will be Rs.10,267/- (Rs.15,400-

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5 -

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NC: 2025:KHC:26137 MFA No. 2401 of 2024

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HC-KAR

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Rs.5,133/-=Rs.10,267/-).Under the head of loss or dependency this court is granting an amount

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Rs.18,48,060/- (Rs.10,267/-x12x15)and towards consortium Rs.44,000 x 2 = Rs.88,000/- is granted and towards funeral

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expenses this court is granting an amount of Rs.36,000/-. Altogether, the claimants are entitled for compensation for an amount of Rs.19,72,060/-.

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The claimants are therefore, entitled to the

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compensation under the following heads:

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SL. No.	Heads		Co A	mpensation warded by Tribunal	Compensation Awarded by this Court
1.	Loss of dependency	:	Rs.	18,27,000/-	18,48,060/-
2.	Loss of estate	:	Rs.	15,000/-	00/-
3.	Love and affection	:	Rs.	15,000/-	00/-
3.	Loss of Consortium	:	Rs.	30,000/-	88,000/-
4.	Funeral Expenses	:	Rs.	25,000/-	36,000/-
	TOTAL	:	Rs.	19,12,000/-	19,72,060
	Enhancement	:	Rs.	60,	060/-

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Accordingly, MFA.No.2401/2024 filed by the claimants

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is partly allowed by enhancing the compensation from an amount of Rs.19,12,000/ - to Rs.19,72,060/- . The court has

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6 -

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NC: 2025:KHC:26137 MFA No. 2401 of 2024

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HC-KAR

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fastened the liability on both the insurance companies at 50% each and both of them are liable to pay the compensation.

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i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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ii. Both the Insurance Companies shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount as per the condition apportioned by the tribunal.

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iii. 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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iv. No costs.

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v. Pending miscellaneous petitions, if any, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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TS

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List No.: 1 Sl No.: 54

Smt. Hemavathi v. the Icici Lombard Motor Insurance

Case brief

What is this about?

What did the court decide?

Smt. Hemavathi v. the Icici Lombard Motor Insurance

Case brief

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