Manager Vs Smt N R Rekha

MANAGER, RELIANCE GENERAL INSURANCE, COMPANY LIMITED, 1^ST FLOOR,KRUTHIKA ARCADE N.R. CIRCLE, HOLENARASIPURA ROAD HASSAN TOWN-573 221 REP BY ITS MANAGER LEGAL, NO.28, 5^th FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BANGALORE - 560 001.

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(BY SRI. D. VIJAYAKUMAR, ADVOCATE)

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…APPELLANT

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AND:

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SMT. N.R. REKHA, W/O LATE YOGESH, AGED ABOUT 34 YEARS,

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MASTER SHREYAS C.Y. S/O. LATE YOGESH, AGED ABOUT 16 YEARS,

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NC: 2025:KHC:45307-DB MFA No. 3352 of 2024

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HC-KAR

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MASTER DHANUSH C.Y. S/O. LATE YOGESH, AGED ABOUT 13 YEARS,

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SINCE RESPONDENT NO.2 AND 3 ARE MINORS, REP. BY THEIR MOTHER AND NATURAL GUARDIAN RESPONDNET NO.1 SMT. N. R. REKHA.

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ALL ARE R/AT: RAMAMANDIRA ROAD, GAYATHRI EXTENSION, CHANANRAYAPATNA TOWN, HASSAN DISTRICT-573116.

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SRI HAREESH A.N., S/O. NAGARAJ, MAJOR, R/AT. AKKANAHALLI VILLAGE AND POST, NUGGEHALLI HOBLI, CHANANRAYAPATNA TALUK, HASSAN DISTRICT-573 131.

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…RESPONDENTS

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(BY SRI KESHAVA MURTHY C.N., ADVOCATE FOR R1 TO R3;

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SRI. H.V. KSRISHNA MURTHY, ADVOCATE FOR R4)

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THIS MFA IS FILED U/S 173(1) OF M.V. ACT, 1989 TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.04.2024 PASSED IN MVC NO.154/2022 ON THE FILE OF THE MEMBER, MACT, AND SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, (SENIOR CIVIL JUDGE & MEMBER, MACT, CHANNARAYAPATNA)

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD AND HON'BLE MR. JUSTICE T.M.NADAF

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NC: 2025:KHC:45307-DB MFA No. 3352 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE T M NADAF)

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This appeal is by Insurer of the offending vehicle, calling in question the judgment and award dated 01.04.2024 in MVC No.154/2022 passed by the Motor Accidents Claims Tribunal and Senior Civil Judge and JMFC, Channarayapathna (hereafter referred to as ‘the Tribunal’ for short).

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The date of accident, involvement of vehicle, death of Yogesh S/o Gowdappa and liability to pay compensation are not in dispute. The only dispute raised by the Insurer in this appeal is regarding the exorbitant compensation awarded by the Tribunal under the heads ‘Loss of dependency’ and ‘Medical expenses’.

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Heard Sri D. Vijaya Kumar, learned counsel for the appellant-Insurer, Sri C.N. Keshava Murthy, learned counsel for respondent Nos.1 to 3 and Sri H.V. Krishnamurthy, learned counsel for respondent No.4.

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Sri D. Vijaya Kumar, vehemently submits that the Tribunal, while awarding compensation under the head ‘Medical expenses’ has not properly discussed the bills

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HC-KAR

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submitted by the claimants-respondents. In the absence of particulars regarding receipt of the amount stated in paragraph No.26 of Roman No.I towards ‘Medical expenses’ the amount of Rs.10,09,000/- awarded under this head is exorbitant. When the medical bills available on record are calculated in total, the undisputed amount comes to Rs.6,70,000/-.

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Insofar as ‘Loss of dependency’ is concerned, which has been calculated at Rs.18,00,000/-, Sri D. Vijay Kumar, learned counsel argues that the deceased was aged 43 years as per his driving licence produced at Ex.P7, wherein the date of birth mentioned as 01.06.1978. In these circumstances, he was aged 43 years and not 38 years as taken by the Tribunal as on the date of accident i.e., on 07.10.2021. In view of this, the appropriate multiplier must applicable is ‘14’ instead of ‘15’ taken by the Tribunal.

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On these two counts, Sri D. Vijay Kumar, sought to allow the appeal by reducing the compensation.

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Sri N. Shivamurthy, learned counsel, is not in dispute with respect to the arguments of Sri. D. Vijay Kumar,

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HC-KAR

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learned counsel, and accedes to the calculations of medical expenses and the age for the ‘loss of dependency’.

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In view of the contentions raised and the records

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placed before us, we find force in the argument advanced by Sri D. Vijay Kumar, on the two counts stated supra . In the absence of any opposition by learned counsel for the respondents-claimants, we are of the considered opinion that the compensation awarded required to be revisited on the age of the deceased as well as medical bills produced and calculated.

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In summary, the total compensation re-determined

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by this Court under various heads is as follows:

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Heads	Amount in Rs.
Medical expenses	6,70,000/-
Loss of spouse consortium	40,000/-
Loss of parental consortium	80,000/-
Funeral expenses	15,000/-
Loss of estate	15,000/-
Loss of dependency	16,80,000/-
(15,000X12X14X2/3)
Total	25,00,000/-

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HC-KAR

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The claimants-respondent Nos.1 to 2 are entitled to a sum of Rs.25,00,000/- as against Rs.28,96,000/- awarded by the Tribunal. The reduced compensation shall carry interest at the rate of 6% per annum from the date of petition till realisation.

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For the foregoing reasons, we pass 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 dated 01.04.2024 in MVC No.154/2022 passed by the Motor Accidents Claims Tribunal and Senior Civil Judge and JMFC, Channarayapathna is modified and reduced to Rs.25,00,000/- as against Rs.28,96,000/- and shall carry interest at the rate of 6% per annum from the date of the petition until realisation.

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iii. The amount in deposit shall be transmitted to the concerned Tribunal for disbursement. The balance redetermined reduced compensation with interest supra shall be deposited before the concerned

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