Smt. Varalakshmi M C Vs Sri. Jayanna M H

SRI JAYANNA M.H. S/O HANUMANTHAIAH, AGED ABOUT 28 YEARS, R/AT MALLASANDRA VILLAGE, KASABA HOBLI, TUMAKURU TALUK, RC OWNER OF VEHICLE BEARING REG. NO.KA-06/EU-7418.

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HC-KAR

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THE MANAGER,

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ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, S.V.R. COMPLEX, 2^ND FLOOR, MADIVALA, NEAR AYYAPPA TEMPLE, HOSUR MAIN ROAD, BENGALURU.

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…RESPONDENTS

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(BY SRI B. PRADEEP, ADVOCATE FOR R-2; V/O. DATED 13/03/2023, NOTICE TO R-1 IS D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2018 PASSED IN MVC NO.1310/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, TURVEKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME.

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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 C.M. POONACHA

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ORAL JUDGMENT

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The present appeal is filed by the claimants calling in question the judgment and award dated 30.10.2018 passed in MVC No.1310/2016 by the Senior Civil Judge and MACT, Turuvekere¹ , seeking enhancement of quantum of compensation.

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1 Hereinafter referred to as ‘Tribunal’

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HC-KAR

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The Tribunal by its judgment and award dated

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30.10.2018 partly allowed the claim petition and awarded a total compensation of `9,48,000/- together with interest at 6% per annum. Being aggrieved, the present appeal is filed by the claimants.

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The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be adjudicated in the present appeal is with regard to the adequacy of the quantum of compensation.

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Heard the submissions of learned counsel Sri Manjunath N.D. for the appellants/claimants and learned counsel Sri B. Pradeep for respondent No.2/insurer.

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It is forthcoming that the deceased was aged 35 years as on the date of the accident, i.e., on 10.04.2016. Hence, the Tribunal has applied the applicable multiplier ‘16’, which is just and proper.

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HC-KAR

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The deceased was stated to be an agriculturist

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and vegetable vendor, earning 15,000/- per month. However, no documents have been produced to demonstrate his income. The Tribunal assessed the notional income as Rs.6,000/- per month. However, having regard to the date of the accident, i.e., 10.04.2016, the notional income of the deceased is reassessed at 9,500/- per month.

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Having regard to the age of the deceased, 40% is required to be added towards future prospects in terms of the judgment of Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LTD V/S PRANAY

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SETHI AND ORS² . 1/3^rd is required to be deducted towards personal expenses since the claimants are three in number, being the wife and two children of the deceased. The loss of dependency is re-assessed as (9,500/- + 40% - 1/3 X 12 X 16) = 17,02,464/- as against 7,68,000/- awarded by the Tribunal.

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2 “(2017)16 SCC 680”

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HC-KAR

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Loss of consortium to the claimants is required

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to be awarded in terms of the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY V/S NANU RAM ALIAS CHUBRU RAM AND ORS³ , at 40,000/- for each of the claimants together with escalation at 20%. Hence, loss of consortium is re-assessed at (48,000 X 3) = 1,44,000/as against `50,000/- awarded by the Tribunal.

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The compensation towards funeral expenses and loss of estate is required to be awarded at 15,000/each together with escalation at 20%. Hence, compensation of 18,000/- each is required to be awarded for the same as against 30,000/- and 50,000/- awarded by the Tribunal.

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10. Having regard to the fact that the compensation

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on conventional heads has been awarded as above, the

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3 “(2018)18 SCC 130”

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HC-KAR

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compensation of `50,000/- awarded by the Tribunal

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towards loss of love and affection is set aside.

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In view of the aforementioned, the

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compensation re-assessed is as follows:

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Sl.No	Compensation Head	Amount Awarded by the Tribunal(`)	Amount awarded by this Court (`)
1	Loss of consortium	50,000.00	1,44,000.00
2	Loss of love and affection	50,000.00	-
3	Loss of estate	50,000.00	18,000.00
4	Transportation charges and funeral expenses	30,000.00	18,000.00
5	Loss of dependency	7,68,000.00	17,02,464.00
	Total	9,48,000.00	18,82,464.00

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Accordingly, the claimants are entitled to enhanced compensation of (18,82,464/- - 9,48,000/-)

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= `9,34,464/-.

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Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as reassessed by this Court.

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HC-KAR

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In view of the aforementioned, 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 30.10.2018 passed in MVC.No.1310/2016 by the Senior Civil Judge and MACT, Turuvekere, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The appellants/claimants are entitled to an enhanced compensation of `9,34,464/together with interest at 7% per annum from the date of the petition till its realization in addition to the compensation awarded by the Tribunal;

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