Smt G Nagendramma Vs Cholamandalam Ms Gen Insurance Co. Ltd.

(BY SRI. B.C. THIPPESWAMY, ADVOCATE) (SINCE APPELLANTS NO.2 & 3 ARE MINOR DAUGHTERS, HENCE DULY REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER APPELLANT NO.1)

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NC: 2025:KHC:44606 MFA No. 3798 of 2021

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HC-KAR

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AND:

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CHOLAMANDALAM MS GEN. INSURANCE CO.LTD., GOLDEN HEIGHTS, 5^TH FLOOR, NO.1/2, 59^TH C CROSS, 4^TH BLOCK, RAJAJINAGAR, BANGALORE - 560 038.

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MR. VIJAYAKUMAR V, S/O VENKATESH, MAJOR, WARD NO.05, NEAR, DHARMARAYASWAMY TEMPLE, VIJAYAPUR TOWN, DEVANAHALLI, BANGALORE RURAL 562 135.

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…RESPONDENTS

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(BY SRI. JAGADISH S.HALASHETTI, ADVOCATE FOR R1, VIDE ORDER DATED 16.10.2025, NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 23.02.2021 PASSED IN MVC NO.6187/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 UMESH M ADIGA

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NC: 2025:KHC:44606 MFA No. 3798 of 2021

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HC-KAR

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ORAL JUDGMENT

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This appeal has been filed by the claimants being aggrieved by the judgment and award dated 23.02.2021 passed by the Chief Judge, Court of Small Causes, Member, Principal MACT, Bengaluru (for short `Tribunal'), in MVC No.6187/2019 seeking enhancement of compensation.

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For the sake of convenience, the parties are

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referred to as per their rankings before the Tribunal.

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This matter is slated for admission, with the

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consent of both the parties, the matter is taken up for final disposal.

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The brief facts of the case of both the parties before the Tribunal were that :

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On 08.09.2019 at 9.30 a.m, the deceased met with an accident at Neeladri Road in front of Concord apartment due to rash and negligent driving of two wheeler bearing registration No.KA-43-W-0603 (for short 'offending vehicle).

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HC-KAR

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As a result, the deceased sustained fatal injuries and while undergoing treatment succumbed to injuries.

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It is further contention of the claimants that the

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deceased was aged 48 years and earning Rs.20,000/- by working as a security guard. He was contributing his earnings to the family. Claimants are the wife, minor daughters and mother of the deceased. With these reasons, they prayed to award compensation of Rs.60,00,000/-.

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Respondent No.1 was the insurer and respondent No.2 was the owner of the offending vehicle. Respondent No.2 remained exparte before the Tribunal. Respondent No.1 appeared before the Tribunal and filed its written statement, denying its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

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From the rival contentions of the parties, the

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Tribunal framed necessary issues, for its determination.

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HC-KAR

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The claimants to prove their case examined one

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witness as PW-1 and marked 13 documents as per Exs.P-1

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to P-13. The respondent No.1 has not led any oral or

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documentary evidence.

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The Tribunal after hearing both the parties and

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appreciating the evidence on record, awarded following

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amount of compensation:

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Particulars	Amount in Rs.
Loss of dependency	16,08,828
Loss of estate	15,000
Loss of consortium	40,000
Funeral and ritual expenses	15,000
Loss of parental consortium to petitioner Nos.2 and 3	80,000
Loss of filial consortium to petitioner	40,000
No.4
Total	17,98,828
Rounded off	17,99,000/-

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Being dissatisfied with the award passed by the

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Tribunal, the claimants have filed the present appeal seeking

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enhancement of the compensation.

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10. Heard the arguments of both side.

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HC-KAR

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11. The fact of the accident and death of Gorla Gangadhar in the said accident are not in dispute. The Tribunal assessed the age of the deceased as 48 years and took notional income as Rs.11,000/- per month, applied multiplier as '13' and deducted 1/4^th towards personal expenses and in all awarded compensation of Rs.17,99,000/-

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12. The claimants contend that deceased was earning Rs.20,000/- per month. They were unable to substantiate the same. Therefore, the Tribunal has taken income of the deceased as Rs.11,000/- per month, which appears to be on the lower side comparing notional income chart prepared by KSLSA. Following the chart prepared by the Karnataka State Legal Services Authority, the notional income is taken as Rs.14,000/- per month. There is no dispute in respect of age, addition of 25% of income towards future prospects, multiplier applicable and deductions.

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13. On the basis of the aforesaid factors, the amount of compensation is recalculated under the head `loss of dependency'.

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HC-KAR

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14. It is the further submission of learned counsel for

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the appellant that, as per the law laid down in National Insurance Co. Ltd., vs. Pranay Sethi¹ and in the case of Magma General Insurance Co. Ltd., -vs- Nanu Ram Alias Chuhru Ram,² the amount of compensation awarded under the conventional heads are also on the lower side. Therefore, prayed to enhance the same.

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15. As per the law laid down in Pranay Sathi's case (supra) and Magma General Insurance Co. Ltd., case (supra), the Tribunal ought to have awarded compensation under the head loss of consortium to each claimant. In view of the above said reasons, the compensation awarded by the Tribunal requires re-assessment and enhancement.

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16. Accordingly, the following compensation is

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awarded:

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1 (2017) 16 SCC 680

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2 (2018) SC 1247

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HC-KAR

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Particulars	Amount in Rs.
Loss of dependency	20,47,500
(Rs.14,000+25%x12x13x3/4)
Loss of consortium(40,000x4)	1,60,000
Funeral expenses	15,000
Loss of estate	15,000
Total	22,37,500
Amount awarded by the Tribunal Enhancement Rounded off-	17,99,000 4,38,500 4,39,000

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The claimants are entitled to interest at 6% p.a.

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on the enhanced amount from the date of petition till its realization.

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18. Undisputedly respondents are liable to pay the

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same.

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19. Accordingly, I proceed to 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
	23.02.2021 passed	in
	MVC.No.6187/2019 by the	Chief

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HC-KAR

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Judge, Court of small causes, Member Prl.MACT, Bengaluru stands modified;

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iii) The claimants are entitled to enhanced compensation of Rs.4,39,000/- with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization.

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