Mrs Chakila Bibi Vs Mr Syed Asif

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.04.2016 PASSED IN MVC NO.4479/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE,(SCCH-7) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

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THIS APPEAL, COMING ON FOR FINAL HEARING, 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 under Section 173(1) of the Motor Vehicle Act, 1988¹ challenging the judgment and award dated 01.04.2016 passed in

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1 Hereinafter referred as to ‘Act’

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HC-KAR

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MVC.No.4479/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7)² seeking for enhancement of compensation.

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For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

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The Tribunal vide its judgment and award dated 01.04.2016 has partly allowed the claim petition and awarded a total compensation of `13,61,631/- together with interest at 8% per annum. Being aggrieved, the present appeal is filed seeking for enhancement of compensation.

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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 considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

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It is forthcoming that the claimant was aged 41 years as on date of the accident i.e., on 19.05.2014. The Tribunal has applied a appropriate multiplier of ‘14’.

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2 Hereinafter referred as to ‘Tribunal’

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HC-KAR

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It was stated that the deceased was a loader and unloadar. However, no documents have been produced to prove his income. The Tribunal has assessed the income at 8,000/- per month. Having regard to the date of accident it is just and proper that the notional income of the deceased be re-assessed as 8,500/- per month. 25% is required to be added towards future prospects in terms of the judgment of the Hon’ble Supreme Court in the case of NATIONAL

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INSURANCE COMPANY LTD V/S PRANAY SETHI AND

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ORS³ . The claimants are wife and three sons of the deceased. The dependents being four in number 1/4^th is required to be deducted towards personal expenses. Hence, loss of dependency is re-assessed as (8,500/- + 25% - 1/4 X 12 X 14)= 13,38,792/- as against `11,64,801/- awarded by the Tribunal.

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Loss of consortium is required to be awarded in terms of the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY V/S

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3 “(2017)16 SCC 680”

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HC-KAR

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NANU RAM ALIAS CHUBRU RAM AND ORS⁴ at

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40,000/- each to the claimants together with escalation at 20%. Hence, loss of consortium is re-assessed as (48000 X 4) = 1,92,000/- as against `1,00,000/- awarded by the Tribunal.

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The 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 awarded towards the same as against 25,000/- and 40,000/- awarded by the Tribunal respectively.

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The compensation awarded is by the Tribunal towards loss of love and affection and expenses for transportation of body are set aside.

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Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa.

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In view of the aforementioned, the compensation re-assessed is as follows:

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4 “(2018)18 SCC 130”

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HC-KAR

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Loss of dependency	1164801.00	1338792.00
2	Loss of consortium	100000.00	192000.00
3	Funeral expenses	25000.00	18000.00
4	Loss of love and affection	25000.00	00.00
5	Expenses of transportation of dead body	6830.00	00.00
6	Loss of estate	40000.00	18000.00
	Total	1361631.00	1566792.00

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Accordingly, the Claimant is entitled to an enhanced

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compensation of (15,66,792/- - 13,61,631/-)= `2,05,161/-.

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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 01.04.2016 passed in MVC.No.4479/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7), 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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HC-KAR

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iii) The appellants/claimants are entitled to an enhanced compensation of `2,05,161/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

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