Smt a Tulasi Vs Smt. Ramineni Sridevi

SMT. RAMINENI SRIDEVI W/O SRINIVASA RAO, AGED ABOUT 50 YEARS R/AT NO.119/6/A/2, VAGDEVI COLLEGE ROAD, NAYA NAGAR, KODADA, NALAGONDA DISTRICT, TELANGANA STATE.

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NC: 2025:KHC:27381 MFA No. 5781 of 2021

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HC-KAR

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THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD., UNITY BUILDING ANNEXE, MISSION ROAD, BENGALURU.

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…RESPONDENTS

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(BY SRI. M.P.SRIKANTH, ADVOCATE FOR R2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 09.12.2019 PASSED IN MVC NO.135/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, CHICKBALLAPUR AND ENHANCE THE COMPENSATION TO RS.25,00,000/- (NOW RESTRICTING CLAIM TO RS.25,00,000/- FROM RS.45,00,000/-) FROM RS.12,99,000/AS AWARDED BY THE CLAIMS TRIBUNAL AND TO AWARD INTEREST AS THE RATE OF RS.12% P.A ON THE AWARD AMOUNT TO MEET THE ENDS OF JUSTICE.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants seeking enhancement of the compensation vide judgment and award dated 09.12.2019, in MVC.No.135/2016, passed by the II^nd Additional Senior Civil Judge And Motor Accident Claims Tribunal, Chickaballapur (for short ‘Tribunal’).

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The date of accident, involvement of vehicle, death of one Ashwathanarayana i.e., husband of appellant No.1 and

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NC: 2025:KHC:27381 MFA No. 5781 of 2021

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HC-KAR

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son of appellant Nos.2 and 3 and the liability to pay the compensation is not disputed; the only challenge is regarding the quantum of compensation awarded by the Tribunal.

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Heard Smt.Sugunamma V.C., learned counsel for the appellants and Sri.M.P.Srikanth, learned counsel for respondent No.2. Perused the entire appeal papers.

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Smt.Sugunamma taking this Court through the impugned judgment and award passed by the Tribunal vehemently submits that the deceased was a driver, which is also on record and could be gathered from the FIR, as well as the charge-sheet papers. That apart, the Driving License of the deceased was produced as Exhibit-P14. Though the insurance company had taken the contention on contributory negligence, however, after the judgment and award the insurance company has satisfied the judgment and award passed by the Tribunal.

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Smt.Sugunamma submitted that the accident is of the year 2013 and the deceased was holding a valid driving

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HC-KAR

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license and was a ‘skilled labourer’. In view of the same, she

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asserts that the Tribunal committed an error in taking the income of the deceased at Rs.9,000/- per month, which is in respect of ‘unskilled labourers’. The income as fixed by the Karnataka State Legal Services Authority (for short ‘KSLSA’) at Rs.8,000/- p.m., for the year 2013, which is for an ‘unskilled labour’. The deceased was a driver holding valid driving license and the accident has occurred in the year 2013, an income of Rs.400/- per day will be justified for a driver for the year 2013, that comes to Rs.12,000/- per month. In view of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE CO. LTD. VS.

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PRANAY SETHI¹ , since the deceased was 30 years at the time of accident and hence, 40% of the income is to be added towards ‘loss of future prospects’ and on adding the same, the monthly income of the deceased comes to Rs.16,800/-, after deducting 1/3^rd towards personal expenses, the same comes to Rs.11,200/- per month. The

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1 (2017) 16 SCC 680

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HC-KAR

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appropriate multiplier as per the judgment of the Hon’ble Apex Court in the case of SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER² is

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‘17’. In view of the income stated supra and on redetermination ‘Loss Of Dependency’ works out to Rs.22,84,800/- (Rs.11,200 + 40% - 1/3^rd x 12 x 17) . Accordingly, the same is awarded.

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In view of the law laid down by the Hon’ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED V. NANU RAM & OTHERS³ and in the case of NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI⁴ , the claimants of the deceased are entitled to Rs.40,000/each under the head ‘ Loss Of Consortium’. Further, in view of the judgment of the Hon’ble Apex Court in the case of

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RASMITA BISWAL & OTHERS VS. DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED

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2 2009 ACJ 1298

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3 2018 ACJ 2782

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4 (2017) 16 SCC 680

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HC-KAR

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AND ANOTHER⁵ , there shall be an enhancement of 10% on

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the conventional heads for every three years. Taking into consideration the same, the compensation awarded towards ‘loss of consortium’, being Rs.1,20,000/- (Rs.40,000 x 3), the

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escalation at 10%+10% works out to Rs.24,000/-. Accordingly, the appellants / claimants are entitled for a sum of Rs.1,44,000/- (Rs.40,000 x 3 + 20%) towards ‘Loss Of Consortium’ including Loss Of Love And Affection’.

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Further, a compensation of Rs.15,000/- and Rs.15,000/- is awarded under the head ‘Funeral And Transportation’ and ‘Loss Of Estate’ respectively, along with 20% escalation. Therefore, Rs.36,000/- (Rs.15,000 + 15,000 + 20%) towards ‘Loss Of Estate’ And ‘Funeral And Transportation’.

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Thus, in all the appellants/claimants are entitled for enhanced compensation as follows:

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5 (2022) 2 SC 767

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NC: 2025:KHC:27381 MFA No. 5781 of 2021

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HC-KAR

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Loss Dependency	:	Rs.	22,84,800/-
Loss of Consortium	:	Rs.	1,44,000/-
Loss of Estate & Funeral Expenses	:	Rs.	36,000/-
TOTAL	:	Rs.	24,64,800/-

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The total compensation re-determined by this

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Court works out to Rs.24,64,800/- as against Rs.12,99,000/awarded by the Tribunal. The appellants – claimants are entitled for an additional compensation of Rs.11,65,800/-

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(Rs.24,64,800 – Rs.12,99,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. The respondent – Corporation is directed to deposit the enhanced compensation within Six Weeks from the date of receipt of the certified copy of this judgment.

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For the foregoing reasons, this Court proceeds to pass the following:

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ORDER

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i) The appeal is Allowed-In-Part ;

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NC: 2025:KHC:27381 MFA No. 5781 of 2021

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HC-KAR

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ii) The judgment and award dated 09.12.2019, in MVC.No.135/2016, passed by the II^nd Additional Senior Civil Judge And Motor Accident Claims Tribunal, Chickaballapur is modified;

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iii) The appellants – claimants are entitled for an additional compensation of Rs.11,65,800/(Rs.24,64,800 – Rs.12,99,000) along with interest at 6% per annum from the date of filing of the petition till realization;

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iv) The enhanced compensation amount shall be deposited by the respondent – Corporation, within Six weeks from the date of receipt of a copy of this order;

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v) Disbursement as well as apportionment of the compensation amount shall be as per the impugned order of the Tribunal.

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v) No order as to cost.

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Sd/(T.M.NADAF) JUDGE

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JJ

Smt a Tulasi v. Smt. Ramineni Sridevi

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Smt a Tulasi v. Smt. Ramineni Sridevi

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