Smt. Chandrakumari Vs the Manager

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NC: 2025:KHC:28663 MFA No. 7593 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE UMESH M ADIGA

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MISCELLANEOUS FIRST APPEAL NO. 7593 OF 2016 (MV-D)

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BETWEEN:

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SMT. CHANDRAKUMARI, W/O.LATE LOKESH, AGED ABOUT 45 YEARS, R/AT:276, KSCB QUARTERS, BHUVANESWARINAGAR, NANDINI LAYOUT, BLORE - 560 096.

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LAKSHMI, D/O.LATE SRINIVAS, AGED ABOUT 47 YEARS, R/A NO:145/7, 2ND MAIN, 5TH CROSS, MANJUNATHNAGAR, BANGALORE - 10.

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Digitally signed by KAVYA R Location: High Court of Karnataka

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KRISHNA S. S/O. LATE SRINIVAS, AGED ABOUT 40 YEARS, R/A NO:145/7, 2ND MAIN, 5TH CROSS, MANJUNATHNAGAR, BANGALORE - 10.

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RAVICHANDRA, S/O. LATE SRINIVAS, AGED ABOUT 33 YEARS, R/A NO:145/7, 2ND MAIN, 5TH CROSS, MANJUNATHNAGAR, BANGALORE - 10.

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2 - NC: 2025:KHC:28663 MFA No. 7593 of 2016

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HC-KAR

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MANJUNATHA. S S/O. LATE SRINIVAS, AGED ABOUT 36 YEARS, R/A NO:145, MANJUNATHNAGAR, MAHALAKSHMINAGAR, BANGALORE - 96.

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CHANDRASHEKHAR, S/O. LATE SRINIVAS, AGED ABOUT 36 YEARS, R/A:NO:17, RAGHAVENDRA LAYOUT, YASHWANTHPURA, JALAHALLI POST, BANGALORE - 560 022.

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SMT. JAYALAKSHMI, W/O. KARUNAKAR, AGED ABOUT 46 YEARS, R/A:NO:151/5, HEGGANAHALLI, DASARAHALLI, BANGALORE - 560 050.

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…APPELLANTS

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(BY SRI. SHANKAR PRASAD M B.,ADVOCATE)

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AND:

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THE MANAGER, NEW INDIA ASSURANCE CO.LTD., REGIONAL OFFICE NO:9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE - 560 001.

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SRI HALESHAPPA, S/O.VEERABHADRAPPA, LINGADAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 221.

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…RESPONDENTS

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(BY SRI. A M VENKATESH., ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016, PASSED IN MVC

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3 - NC: 2025:KHC:28663 MFA No. 7593 of 2016

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HC-KAR

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NO.3703/2015 ON THE FILE OF IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimants challenging the judgment and award dated 03^rd June 2016, passed by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7), (for short `Tribunal'), in MVC No.3703/2015, seeking enhancement of compensation.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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The brief facts of the case are that, on 25.08.2015 at about 8.50 a.m., the deceased-Jayamma met with an accident near MEI Factory, Yashavantpur Bangalore, due to rash and negligent driving of motorcycle

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HC-KAR

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bearing Reg.No.KA-17-EA-3846. As a result, she sustained grievous injuries. Immediately she was shifted to People Tree hospital and later on she was shifted to Victoria Hospital. While under going treatment, she succumbed to the injuries.

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It is further case of the claimants that the deceased was aged about 65 years at the time of accident and she was working as a Milk and Flower Vendor. She was earning Rs.12,000/- per month and she was contributing her earnings for the family benefit of the family. The claimants are children of the deceased. With these reasons, claimants have prayed to award compensation of Rs.15,00,000/-.

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Respondent No.1 is the insurer and respondent

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No.2 is the owner of the offending vehicle. Respondent Nos.1 and 2 appeared and they filed written statements denying the contentions of the claimant. It also denied its

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5 - NC: 2025:KHC:28663 MFA No. 7593 of 2016

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HC-KAR

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liability to pay compensation. With these reasons, prayed

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to dismiss the claim petition.

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From the rival contentions of the parties, the

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Tribunal framed necessary issues.

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The claimants to prove their case examined one witness as PW-1 and marked 16 documents, as per Exs.P1 to P-16. Respondents have not led any oral and documentary evidence.

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The Tribunal after hearing both the parties and appreciating materials available on record, held that the accident occurred due to rash and negligent riding of the motorcycle by its rider and awarded the following amount

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of compensation:

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Particulars	Amount in Rs.
Loss of love and affection	25,000/-
Funeral Expenses	25,000/-
Expenses of transportation of dead body	5,000/-

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HC-KAR

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Loss of estate	70,000/-
Medical expenses	32,971/-
Total	1,57,971/-

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Being dissatisfied with the award passed by the

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Tribunal, the claimants have filed the present appeal for enhancement of the compensation.

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I have heard the arguments of learned counsel for both the parties.

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The fact of the accident is not in dispute and respondents have not challenged the findings of the Tribunal. Therefore, there is no need to reiterate the same.

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The main grievance of the learned counsel for the appellants is that the Tribunal has not awarded the compensation under the head 'loss of dependency'. The Tribunal ought to have awarded the same. In the case of

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National Insurance Co. Ltd., Vs. Smt. Lakshmamma

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and Others in MFA Nos.7403/2017 and 2772/2018,

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HC-KAR

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decided on 12.03.2025 by this Court as well as in the case

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of National Insurance Company Limited Vs. Birender and Others¹ it was held that even though children are major and have an independent source of income, they are entitled to claim the compensation under the head 'loss of dependency' and prayed to award compensation under that head.

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On re-appreciating the materials available on record, the claimant is entitled to enhancement of compensation. In the case of Birender (supra), it was held that even if the children are married and majors, if they are entitled to the estate of the deceased, then they are entitled to compensation under the head 'loss of dependency'. The principle of law laid down in the above said judgment is applicable to facts of the present case.

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The claimants have contended that the deceased was earning Rs.12,000/- p.m., but there is no material to

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1 AIR 2020 SC 434

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HC-KAR

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substantiate the same. Therefore, accepting the chart prepared by the Karnataka State Legal Services Authority, the income of the deceased is taken as Rs.9,000/-p.m. As per the postmortem report, age of the deceased was 65 years, which is stated in the pleadings. Hence, her age is considered as 65 years and the applicable multiplier is '5'. As discussed by the Tribunal, all the claimants are major sons and daughters and all the daughters are married. According to the learned counsel for the appellants claimant Nos.1 and 2 have lost their husband. However, none of them are not completely dependant upon the earnings of the deceased and hence, 50% of her income has to be deducted towards personal expenses. On the basis of the above said figures, the compensation under the head 'loss of dependency' is to be calculated.

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The compensation under the conventional head has to be assessed as per the law laid down by the Hon'ble Apex Court in the case of National Insurance Company

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HC-KAR

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Limited Vs. Pranay Sethi & Others² and Magma General Insurance Co. Ltd. Vs. Nanu Ram³ , since the compensation is awarded under the head 'loss of dependency'. Therefore, the compensation awarded under the head loss of love and affection will be merged under the head loss of dependency. Accordingly, the following amount of compensation is awarded:

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Particulars	Amount in Rs.
Loss of dependency	2,70,000/-
9000x12x5x50%
Medical expenses	32,971/-
Loss of consortium (40,000X7)	2,80,000/-
Funeral expenses	15,000/-
Loss of estate	15,000/-
Total	6,12,971/-
Amount awarded by the Tribunal	1,57,971/-
Enhancement-	4,55,000/-

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The claimants are entitled to interest on the

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enhanced amount at the rate of 6% p.a., from the date of

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2 (2017) 16 SCC 680

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3 2018 ACJ 2782

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HC-KAR

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petition till its realization. The amount of compensation awarded is apportioned equally. As each claimant would receive only a marginal amount, the entire amount awarded to each claimant shall be released in their favour.

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In the result, 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 03^rd June 2016, passed in MVC.No.3703/2015, by the IX Additional Small Causes and Additional MACT, (SCCH-7) Bangalore, s tands modified;

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iii) The claimants are entitled to enhanced compensation of Rs.4,55,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization.

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iv) The respondent No.1 - Insurance Company shall deposit the amount within a period of six weeks from the date of award.

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