Smt. Renukamma Vs Kumaraswamy S

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 17-11-2023 PASSED IN M.V.C. NO.1071 OF 2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, XIX M.A.C.T., CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

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NC: 2025:KHC:29907-DB MFA No. 3512 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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This appeal is filed by the claimants aggrieved by the judgment and award dated 17-11-2023 passed in M.V.C. No.1071 of 2020 on the file of the Senior Civil Judge and Judicial Magistrate First Class and XIX Motor Accident Claims Tribunal, Chikkanayakanahalli, whereby, the Tribunal awarded a sum of Rs.14,25,200/- as compensation with interest at the rate of 6% per annum from the date of filing the petition till the date of realisation.

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For the sake of convenience, the parties herein shall

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be referred to in terms of their status before the Tribunal.

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Brief facts of the case are that on 14-5-2019 at about 7.15 p.m., Sri Jayanna (hereinafter referred to as ‘deceased’) was proceeding in his motorcycle, bearing Registration No. KA-06-J-2826, towards Shettikere and when he reached Shettikere tank, the driver of Mahindra Bolero SLX, bearing Registration No.KA-35-M-9877, drove the said vehicle in a rash and negligent manner and dashed against

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HC-KAR

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the motorcycle. As a result, the deceased sustained grievous injuries. Immediately, he was shifted to Chikkanayakanahalli Government Hospital for first-aid and later, he was shifted to NIMHANS Hospital, Bengaluru, for higher treatment and thereafter, he was shifted to Victoria Hospital, Bengaluru, wherein he succumbed to injuries on 20-5-2019. Due to his death, wife, son and daughter have lost their dependency and hence, claimed compensation on various heads.

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Learned counsel for the appellants-claimants has contended that there are three dependants of the deceased, i.e. wife, daughter and son, however, the Tribunal has awarded Rs.40,000/- under the head of 'loss of consortium', which has to be enhanced to Rs.1,20,000/-. Accident occurred on 14-5-2019, the deceased took treatment in three various hospitals and succumbed to injuries on 20-5-2019. Though the claimants have spent Rs.3.00 lakh towards 'medical expenses', the Tribunal has not granted any award under the said head. Hence, he prays to enhance the compensation.

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HC-KAR

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Per contra , the learned counsel for respondent No.3Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each heads, which does not call for interference at the hands of this Court.

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Thus, he prayed to dismiss the appeal.

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Heard Sri Chandrashekar P. Patil, learned counsel for the appellants-claimants, Sri B. Pradeep, learned counsel for respondent No.3-Insurance Company and perused the judgment and award of the Tribunal.

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As there is no dispute regarding the death of the deceased in a road traffic accident occurred 14-5-2019 due to rash and negligent driving of Mahindra Bolero SLX, bearing Registration No.KA-35-M-9877, by its driver and liability of the insurer of the offending vehicle, the only point that arises for our consideration in this appeal is:

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HC-KAR

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“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”

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After hearing both the learned counsel and perusal of the impugned judgment and award of the Tribunal, we are of the view that the compensation awarded by the Tribunal is not just and reasonable and it is on lower side in so far as 'loss of consortium' and 'medical expenses' are concerned. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130 , the Hon’ble Supreme Court by referring to the decision of the Constitution Bench in National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680 has discussed about granting the compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are the wife, son and daughter of the deceased. In view of the ratio laid down by the Hon’ble Supreme Court in the aforesaid decision, the

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HC-KAR

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claimants are entitled to compensation of Rs.40,000/- each towards ‘loss of consortium’ as against Rs.40,000/- awarded by the Tribunal.

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The Tribunal has not awarded any compensation under the head of 'medical expenses and incidental charges'. The accident occurred on 14-5-2019. After the accident, the deceased was shifted to Chikkanayakanahalli Government Hospital for first-aid and later, he was shifted to NIMHANS Hospital, Bengaluru, for higher treatment and thereafter, he was shifted to Victoria Hospital, Bengaluru, wherein he succumbed to injuries on 20-5-2019. Thus, he was in the Hospital for six days and the claimants would have spent some amount, which is evident from Ex.P5-MRI report, Exs.P6 & P7-C.T. Scan, Exs.P8 & P9-Follow up sheets, etc. Thus, it would be just and proper to award Rs.25,000/under 'medical expenses and incidental charges' as global compensation.

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Thus, the claimants are entitled for the following compensation:

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HC-KAR

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HEADS	Rs.
Loss of dependency	13,55,200.00
Funeral expenses	15,000.00
Medical expenses and incidental charges	25,000.00
Loss of consortium (Rs.40,000 X 3 dependents)	1,20,000.00
Loss of estate	15,000.00
TOTAL	15,30,200.00
Less: Compensation awarded by the Tribunal	14,25,200.00
ENHANCED COMPENSATION	1,05,000.00

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In the result, we pass the following

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O R D E R

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled for a total compensation of Rs.15,30,200/- as against Rs.14,25,200/- awarded by the Tribunal with interest at the rate of 6% per annum on the additional compensation of Rs.1,05,000/- from the date of filing the claim petition till the date of realisation.

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