Smt. Suma P Vs Mr. C.Raju Gowda

ALL ARE PERMANENTLY R/AT PRASADAM HOUSE, UDAYA NAGAR, HARIPURA, KUNHAHANGAD, KASARGOD, NOW R/AT N 2ND FLOOR, DEVIKRIPA, KALBAVI LANE, ASHOK NAGAR, MANGALURU D.K. DISTRICT PIN 575012.

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…APPELLANTS

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(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

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AND:

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MR. C.RAJU GOWDA S/O LATE CHIKKAMARI GOWDA, AGED ABOUT 54 YEARS, R/A DOOR NO 18/A, CANTOOR ROAD, ALANAHALLI EXTENSION,

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HC-KAR

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MYSORE. PIN 570011.

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THE DIVISIONAL MANAGER ORIETAL INSURANCE CO. LTD., 42/1, CHANDRA COMPLEX, 1ST FLOR, KALDIAAS ROAD, V.V MOHALLA, MYSORE PIN 570002.

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KUMAR A.N MAJOR R/AT DOOR NO.72/5, 1ST FLOOR, OPPOSITE JARAGANAHALLI, BUS STOP, NEAR TVS SHOWROOM KPRD BANGALORE PIN 560045.

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V. SRINIVAS S/O VIJAYA KUMAR R/AT E 267, APC LAYOUT, THINDLU, YELAHANKA, JAYANAGAR, BANGALURU PIN 560023.

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THE DIVISIONAL MANAGER NEW INSURANCE CO. LTD., RAJAJINAGAR BRANCH NO.65, ISHWARI COMPLEX, DR. RAJ KUMAR ROAD RAJAINAGAR, BANGALORE- 560 021.

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…RESPONDENTS

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(BY SRI. AKSHAY, ADVOCATE FOR SRI. A RAVISHANKAR, ADVOCATE FOR R2; R1 SD, NOTICE TO R3 TO R5 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED20.02.2017 PASSED IN MVC NO.1578/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T., CJM, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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HC-KAR

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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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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The common award in passed by the Motor Accident Claims Tribunal & Prl. Senior Civil Judge & CJM, Mangaluru (hereinafter referred to as 'Tribunal' for short) in MVC Nos.1572/2013, 1578/2013 & 1598/2013 dated 20.02.2017, this present appeal is filed against the judgment and award in MVC No.1578/2013 dated 20.02.2017, seeking for enhancement of compensation.

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Brief facts of the case are that, one Hariprasad P.P., aged 50 years, who was working as a Data Collector under Hansa Research Group Pvt. Ltd. and also running a autorickshaw, met with an accident and said to have been died on 26.03.2013. His wife and children filed a claim application under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.25,00,000/- along with interest. The Tribunal after considering the entire evidence on record granted an

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HC-KAR

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amount of Rs.22,19,597/- with interest at the rate of 6%

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per annum from the date of petition till realization. Aggrieved by the said order, the petitioners/appellants have preferred this appeal.

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Heard the arguments of both parties and perused the material on records.

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Learned counsel for the appellants mainly contended that the deceased was aged 50 years, was working as a Data Collector under Hansa Research Group Pvt. Ltd. and also running an autorickshaw, earning a monthly income of Rs.10,000/-. However, the Tribunal erred in assessing his monthly income as Rs.9,000/-. The deceased met with an accident on 26.03.2013 and died on 30.10.2013. In the meantime, he took treatment at various hospitals and incurred considerable expenses towards conveyance, attendant charges and other incidental costs. The amount awarded under the heads of loss of consortium and loss of love and affection are meager and the interest granted by the Tribunal is also

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HC-KAR

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on the lower side. Therefore, the appellants have requested for enhancement of the compensation.

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Though the appellants/claimants have filed his

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appointment letter marked as Ex.P.36, they have not produced any salary certificate. They have also filed passbooks from different banks, marked as Exs.P.32 to 34, however, these documents do not disclose the income of the deceased. As such, the Tribunal rightly assessed his monthly income as Rs.9,000/-. This Court finds no reason to interfere with the said finding. The deceased was aged 50 years at the time of death and thus, multiplier of '13' is applicable and future prospects at the rate of 25% are to be added and 1/3^rd is to be deducted towards personal expenses. Accordingly, loss of dependency comes to Rs.12,87,000/-(9,000+25%1/3^rd ×12×13). As per the decision of Hon'ble Supreme Court in Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others¹ , and in United

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1 (2018) 18 SCC 130

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HC-KAR

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India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others² , claimant No.1/appellant No.1 wife of the deceased is entitled for Rs.40,000/towards loss of consortium and claimant Nos.2 & 3/appellant Nos.2 & 3 being children of the deceased are entitled for Rs.40,000/each towards parental consortium. Therefore, towards loss of consortium, the claimants are entitled to Rs.80,000/-(40,000 x 2).

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The Tribunal has rightly awarded

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Rs.12,08,597/- towards medical expenses, this Court finds it no reason to interfere.

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The deceased was hospitalized and underwent

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treatment for a period of seven months. Therefore, this Court finds it reasonable to award a sum of Rs.50,000/towards transportation, extra nourishment and attendant charges.

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Thus, the claimants are entitled to the following compensation:

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2 (2020) 9 SCC 644

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HC-KAR

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Compensation under different heads	Amount in (Rs.)
Loss of dependency	12,87,000/-
Loss of spousal	40,000/-
consortium
Loss of Parental	80,000/-
consortium (40,000X2)
Incidental expenses	30,000/-
Transportation, extra	50,000/-
nourishment and
attended charges
Medical expenses	12,08,597/-
Total	26,95,597/-

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In summary, the appellants/claimants are

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entitled to a total compensation of Rs.26,95,597/- as opposed to Rs.22,19,597/- awarded by the Tribunal. The enhanced compensation amounts to Rs.4,76,000/-. To this extent, the award passed by the Tribunal is modified.

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In the result, the following order is passed:

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HC-KAR

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 20.02.2017 passed in MVC No.1578/2013 on the file of the Motor Accident Claims Tribunal & Prl. Senior Civil Judge & CJM, Mangaluru, is hereby modified.

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iii. The appellants-claimants are entitled to enhanced compensation of Rs.4,76,000/(26,95,597 - 22,69,597) along with interest at the rate of 6% p.a. from the date of petition till its realization.

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