Smt.Rangamma Vs Sri.Gopalakrishnan.R

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.02.2021 PASSED IN MVC NO.1387/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, AMACT, TUMAKURU, 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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ORAL JUDGMENT

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This appeal is filed by the claimants being aggrieved by the judgment and award dated 10.02.2021, passed by the II Additional District and Sessions Judge and Member, MACT, Tumakuru (for short `Tribunal'), in

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MVC.No.1387/2018.

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Though this matter is listed for Admission, with consent of learned advocates appearing for both the sides, it is taken up for final disposal.

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HC-KAR

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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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The brief facts of the case are that, on

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25.08.2018, at about 6.00 p.m., near Heggere Village at Tumakuru District while deceased Parameshwaraiah was proceeding on his motorcycle bearing registration No.KA06-ER-4593, met with an accident due to the rash and negligent driving of the lorry bearing registration No.TN34-W-9900 by its driver. As a result, he sustained grievous injuries and died on the spot. The claimants being parents and brother of the deceased filed the claim petition for awarding compensation of Rs.50 lakhs.

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Respondent No.1 was the owner and

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respondent No.2 was the insurer of the offending lorry. Respondent No.1 remained ex parte before the Tribunal.

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The respondent No.2-insurer filed its written statement, denying the contentions of the claim petitioners and also denied its liability to pay the

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HC-KAR

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compensation. With these reasons, prayed to dismiss the

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claim petition.

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From the rival contentions of the parties, the Tribunal framed necessary issues.

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The claimants to prove their case examined two

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witnesses as PW-1 and PW-2 and marked 11 documents, as per Exs.P-1 to P-11. The respondents have not led the evidence.

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The Tribunal after hearing both parties and appreciating the evidence on record, awarded

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compensation of Rs.14,98,000/- under following heads:

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Particulars	Amount in Rs.
Loss of dependency	Rs.14,28,200/-
Towards funeral expenses	Rs.15,000/-
Loss of estate	Rs.15,000/-
Parental consortium	Rs.40,000/-
Total	Rs.14,98,000/-

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HC-KAR

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10. Being dissatisfied with the award passed by the

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Tribunal, the claimant s have filed present appeal seeking enhancement of the compensation.

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11. Heard the arguments of the learned counsel appearing for the claimants as well as learned counsel for respondent No.2.

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The contention of the appellants is that the Tribunal

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has taken the income of the deceased as Rs. 10,000/- per month, whereas the claimants contended that the deceased was earning Rs. 25,000/- per month from his business. It is also urged by the learned counsel for the appellants that while awarding the compensation under the head of 'consortium', just compensation was not awarded as per the judgment of the Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd., -vs- Nanu Ram Alias Chuhru Ram¹ . Hence, he seeks for enhancement of compensation amount.

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1 (2018) SC 1247

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HC-KAR

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Learned counsel for respondent No.2-Insurance

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Company submits that the Tribunal has awarded just amount of compensation and it does not call for any interference.

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The fact of the accident and the death of Parameshwaraiah is not in dispute and therefore, there is no need to reconsider the same.

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The Tribunal has taken the notional income of the deceased as Rs.7,000/-. Following the chart prepared by the Karnataka State Legal Services Authority, the notional income of the deceased is taken at Rs.12,500/per month. Since he was aged about 28 years, 40% of income has to be added towards 'future prospects'. Undisputedly, the multiplier applicable in this case is '17'

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and since the deceased was unmarried, 50% of the income has to be deducted towards personal expenses. Accordingly, the compensation under the head 'loss of dependency' is recalculated.

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HC-KAR

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A s per the law laid down in the case of Magma

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General Insurance Co. Ltd., case (supra), each claimants are entitled for compensation of Rs.40,000/-, under the head of 'loss of consortium'. The compensation awarded under the remaining heads are proper.

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17. Accordingly, the following compensation is awarded:

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Particulars	Amount in Rs.
Loss of dependency	17,85,000/-
(Rs.12,500/- +40% x 12 x 17 x 50%)
Towards funeral expenses	15,000/-
Loss of estate	15,000/-
Loss of consortium	1,20,000/-
Total	19,35,000/-
Less: the amount awarded by the Tribunal	14,98,000/-
Enhancement	4,37,000/-

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Thus, the claimants are entitled to enhanced

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compensation of Rs.4,37,000/- with interest at 6% p.a. on

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HC-KAR

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the enhanced amount from the date of petition till its realization. Undisputedly respondents are 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 10.02.2021 passed in M VC.No.1387/2018 , by the I I Additional District and Sessions Judge and Member, MACT, Tumakuru, stands modified;

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iii) The claimants are entitled to enhanced compensation of Rs.4,37,000/- 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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iv) The respondent No.2/Insurance Company shall deposit the said amount within a period of six weeks from the date of award.

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