Smt Mandhalapu Ankamma Vs the Managing Director

THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE JUDGMENT AND AWARD PASSED BY THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, AND MEMBER, MACT, BENGALURU (SCCH20), DATED 17.04.2018 PASSED IN M.V.C.NO.5523/2017, AND ENHANCE THE COMPENSATION WITH COURT COSTS AND INTEREST AGAINST THE RESPONDENTS IN THE INTEREST OF JUSTICE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimants directed against

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the judgment and award dated 17.04.2018, passed by the Motor Accident Claims Tribunal & V Additional Small Causes Judge & XXIV A.C.M.M, Member, M.A.C.T, (for short `Tribunal'), in MVC No.5523/2017.

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HC-KAR

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Though appeal is slated for 'Hearing on I.A.', with consent of learned advocates appearing for both the sides, it is taken up for final disposal.

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For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

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

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On 21.09.2017, around 6.00 a.m., on Old Madras Road, Mandhalapu Maliyadri met with an accident due to the rash and negligent driving of BMTC Bus bearing Reg. No.KA-57-F-2480. As a result, the said Mandhalapu Maliyadri sustained grievous injuries and died while undergoing treatment. The claimants are his wife and children. Hence, filed claim petition for awarding of compensation.

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The fact of accident and death of said Mandhalapu Maliyadri is not in dispute. Therefore, there is no need to reconsider the same. The contention of the claimants are

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HC-KAR

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that the Tribunal ought to have taken notional income as Rs.11,000/- per month following the chart prepared by the Karnataka State Legal Services Authority. But, it has taken income as Rs.9,000/- per month. Therefore, compensation under the head 'loss of dependency' may be re-calculated taking notional income as Rs.11,000/- per month. He further submits that amount of compensation awarded under the head 'loss of consortium' is on the lower side. The Tribunal has not followed the law laid down by the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd., -vs- Nanu Ram Alias Chuhru Ram,¹ . Therefore, prayed to allow the appeal and enhance the compensation.

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Learned counsel for the respondent vehemently

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contends that Tribunal has awarded just and reasonable amount of compensation and there is no need to enhance the same and hence, prayed to dismiss the appeal.

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1 (2018) SC 1247

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HC-KAR

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Comparing to chart of notional income, income

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taken by the Tribunal is on the lower side. Following the chart prepared by the Karnataka State Legal Services Authority, the notional income is taken as Rs.11,000/- per month. There is no dispute in respect of other factors considered by the Tribunal while calculating compensation under the head of 'loss of dependency'. On the basis of the aforesaid factors, the amount of compensation is recalculated under the head `loss of dependency'.

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8. As per the law laid down in Pranay Sethi's case

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(supra) and Magma General Insurance Co. Ltd., case (supra), claimant Nos.1 to 4 each entitled for Rs.40,000/- under the conventional head of ‘loss of consortium’.

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9. Accordingly, the following compensation is awarded:

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Particulars	Amount in Rs.
Loss of dependency	8,71,200
(Rs.11,000/- +10% x 12 x 9 x 2/3)

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HC-KAR

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Loss of consortium	1,60,000
(40,000 x 4)
Funeral expenses	15,000
Loss of estate	15,000
Total	10,61,200
Amount awarded by the Tribunal	7,82,800
Enhancement-	2,78,400
Rounded off-	2,79,000

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Thus, the claimants are entitled to interest at

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the rate of 6% p.a. on the enhanced amount from the date of petition till its realization. Undisputedly, respondent is liable to pay the same.

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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 17.04.2018 passed in MVC.No.5523/2017 by the Motor Accident Claims Tribunal & V Additional Small Causes Judge & XXIV A.C.M.M, Member, M.A.C.T, s tands modified.

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HC-KAR

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iii) The claimants are entitled to enhanced compensation of Rs.2,79,000/- with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization excluding the delayed period of 670 days, in filing the appeal.

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iv) The respondent is liable to deposit the amount within a period of six weeks from the date of award.

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v) The apportionment, deposit and release etc., are as per the award passed by the Tribunal.

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vi) Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimants on due identification.

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vii) Draw award accordingly.

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Sd/ -

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(UMESH M ADIGA) JUDGE