Smt. Susheelamma Vs Bharati Axa Gen. Ins. Co. Ltd.

SRI. PRAVEEN WADEYAR G. S. S/O. SHIVAKUMARASWAMY, MAJOR, R/AT NO. 353, JEEGENAHALLI, VIVEKANANDA NAGAR, BEHIND M.H. COLLEGE, RAMANAGARA-562 121, RAMANAGARA TOWN AND DISTRICT. …RESPONDENTS

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(BY SRI. ASHOK N PATIL, ADVOCATE FOR R1 R2 IS SERVED)

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2 - NC: 2025:KHC:26454 MFA No. 3350 of 2019

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.12.2018 PASSED IN MVC NO.6621/2017 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE & XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The above appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 11.12.2018 passed in MVC No.6621/2017 by the XXI Addl. SCJ & XIX ACMM Member, MACT., Bengaluru² seeking for enhancement of compensation.

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The Tribunal by its judgment and award dated 11.12.2018 partly allowed the claim petition and awarded a total compensation of `8,42,000/- together with interest 6% per annum.

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The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred to as the ‘Tribunal’

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3 - NC: 2025:KHC:26454 MFA No. 3350 of 2019

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HC-KAR

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question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal.

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Heard the submissions of learned counsel Smt. Nithya V. appearing for Sri Prakash M.H., for the appellants/claimants and learned counsel Sri Ashok N. Patil, appearing for the respondent No.1/insurer. Perused the records including the records of the Tribunal.

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It is forthcoming that the deceased was aged 55 years as on the date of the accident. Hence, the Tribunal has applied the appropriate multiplier of ‘11’ which is just and proper. The notional income of the deceased has been assessed by the Tribunal as 9,000/-. However, having regard to the date of the accident i.e., 03.10.2017, the notional income of the deceased is re-assessed as 11,000/-. 10% is required to be added towards future prospects in view of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited V. Pranay Sethi and others³ and 1/3^rd is to be deducted towards personal expenses since the claimants are the wife and son of the deceased. Hence, the loss of

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3 (2017) 16 SCC 680

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4 - NC: 2025:KHC:26454 MFA No. 3350 of 2019

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HC-KAR

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dependency is re-assessed as (11,000/- +10% - 1/3<sup>rd</sup> x 12 x 11) 10,64,844/- as against `7,92,000/- awarded by the Tribunal.

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The compensation towards loss of consortium is required to be awarded to claimant Nos.1 and 2 in terms of the judgment of the Hon’ble Supreme Court in the case of Magma

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General Insurance Company v. Nanu Ram Alias Chubru

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Ram⁴ and accordingly, 40,000/- each together with an escalation of 20% is to be awarded towards the same. Hence, loss of consortium is assessed as (48,000/-x2) 96,000/-. The compensation towards funeral expenses and loss of estate is to be awarded in terms of the aforesaid judgment in a sum of 15,000/each together with escalation at 20% and accordingly, a sum of `18,000/- each is awarded towards the same.

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In view of the compensation awarded towards conventional heads as above, the compensation awarded by the Tribunal towards loss of love and affection and transport of dead body as `50,000/- is modified/set aside.

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4 “(2018)18 SCC 130”

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5 - NC: 2025:KHC:26454 MFA No. 3350 of 2019

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HC-KAR

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Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the enhanced compensation.

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In view of the aforementioned, the compensation is re-

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assessed as follows:

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Sl.No	Compensation Head	Amount Awarded by the Tribunal(`)	Amount awarded by this Court (`)
1	Loss of dependency	7,92,000.00	10,64,844.00
2	Loss of consortium, loss of love and affection, transportation of dead body and funeral expenses	`50,000.00	00
3.	Loss of consortium	00	96,000.00
4.	Loss of estate	00	18,000.00
5	Funeral expenses	00	18,000.00
	Total	8,42,000.00	11,96,844.00

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Accordingly, the claimant is entitled to enhanced

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compensation of (11,96,844/- - 8,42,000/-) 3,54,844/which is rounded off as 3,55,000/-.

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In view of the aforementioned, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The judgment and award 11.12.2018 passed in MVC No.6621/2017 by the XXI Addl. SCJ & XIX

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6 - NC: 2025:KHC:26454 MFA No. 3350 of 2019

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HC-KAR

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ACMM Member, MACT., Bengaluru is hereby modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The appellants/claimants are entitled to enhanced compensation of `3,55,000/- together with interest at 7% per annum from the date of petition till the date of payment in addition to the compensation awarded by the Tribunal;

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iv) Respondent No.1 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks;

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v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimants in the ratio as apportioned by the Tribunal;

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vi) The Registry to draw the modified award accordingly;

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vii) Records be transmitted to the Tribunal forthwith.

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No costs.

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Sd/(C.M. POONACHA) JUDGE

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BS

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List No.: 1 Sl No.: 26

Smt. Susheelamma v. Bharati Axa Gen. Ins. Co. Ltd.

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Smt. Susheelamma v. Bharati Axa Gen. Ins. Co. Ltd.

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