Smt. Meenakshi Vs Sri. Girish. N

THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, BHARATH BUILDING, P.M. RAO ROAD, MANGALORE, DAKSHINAKANNADA DISTRICT-575001 REP. BY ITS BRANCH MANAGER

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…RESPONDENTS (BY SRI. ASHOK N.PATIL, ADVOCATE FOR R2; VIDE ORDER DATED 23.11.2024 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2024 PASSED IN MVC NO.37/2022 ON THE FILE OF THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AMACT, PUTTUR D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard learned counsel for the appellants and learned

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counsel for the respondents.

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The appellants-claimants have filed this appeal for

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enhancement of compensation being aggrieved by the judgment and award passed in MVC.No.37/2022 on the file

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HC-KAR

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of the Additional Senior Civil Judge and JMFC and Additional Member, MACT at Puttur, Dakshinakannada District (for short, ' the Tribunal') dated 05.07.2024.

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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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Brief facts of the case are that, on 09.06.2021 around 6.30 pm, at Mavinakatte, Jalsoor Village, Sullia Taluk, Sri.Dinakara K.M (hereinafter referred to as the 'deceased') and Sri Hariprasad M.B who was the driver of the Pickup bearing Reg.No.KA-20-A-8226 were proceeding from Jalsoor towards Sullia, at the same time, a container Lorry bearing Reg.No.KA-19-AB-0290 came from Sullia towards Puttur in a

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high speed with rash and negligent manner and dashed against the Pickup vehicle. Due to the accident, both had sustained grievous injuries. Immediately after the accident, the injured were shifted to K.V.G. Medical College Hospital, Sullia Taluk, Dakshinakannada, and Dinakara K.M succumbed to the injuries. This led to registration of FIR

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and investigation. Hence, claimants filed claim petition

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under Section 166 of the Motor Vehicles Act, 1988.

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Sri Mahammadali, learned counsel for the appellants contended that the Tribunal has granted meager compensation under all heads.

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Further, the Tribunal has not granted fair compensation under the head 'loss of consortium'. Hence, he prays to allow the appeal.

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Sri Ashok N Patil, learned counsel for the Insurance Company vehemently contended that, the Tribunal considering the oral and documentary evidence on record, has granted a fair and reasonable compensation under all heads. Hence, he prays for dismissal of the appeal.

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Having heard both the parties and on perusal of the appeal papers including the original records of the Tribunal, the point that would arise for our consideration in the appeal is:

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Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?

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From perusal of the judgment and award passed by the Tribunal, the Tribunal has awarded a sum of Rs.20,16,000/- towards 'loss of dependency' by

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considering the notional income of the deceased at Rs.15,000/- per month and for the accident year 2021 and added 40% future prospects to the income of the deceased. Since, the deceased died bachelor, the Tribunal has deducted 50% towards his personal expenses which is also a fair and reasonable one.

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The Tribunal has also granted Rs.15,000/- towards 'loss of estate' and Rs.15,000/- towards 'funeral expenses' which is fair and reasonable one.

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However, the Tribunal has granted a sum of

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Rs.40,000/- under the head 'Filial consortium' which is on meager side. Since, claimant No.1 being the mother and

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claimant No.2 the sister of the deceased and they are dependent on the income of the deceased. In view of the judgment of Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM

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ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680 , the claimants are entitled for a sum of Rs.40,000/each which comes to the total of Rs.80,000/- under the head

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‘loss of consortium’.

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Further, the claimants are also entitled for 10% escalation in respect of 'loss of consortium', 'loss of estate' and 'loss of funeral expenses'.

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Thus, the claimants are entitled for the following compensation:

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HEADS	Rs.
Loss of dependency	20,16,000
Loss of consortium (claimant No.1)	44,000
Loss of love and affection (claimant No.2)	44,000
Funeral expenses	16,500
Loss of estate	16,500

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TOTAL	21,37,000
Less: Compensation awarded by the	2086000
Tribunal	,,
ENHANCED COMPENSATION	51,000

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In the result, we pass the following:

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O R D E R

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i. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled for a total compensation of Rs.21,37,000/- as against Rs.20,86,000/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.51,000/- from the date of filing of the claim petition till the date of its realisation.

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iii. Respondent No.2 - Insurance Company is directed to deposit the enhanced compensation amount together with accrued interest within six weeks from the date of receipt of a copy of this judgment.

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