M/S National Insurance Company Ltd. Vs Mrs G Nagamma

M/S NATIONAL INSURANCE COMPANY LTD BRANCH OFFICE, PB NO. JAGLUR MAHALINGAPPA TOWERS, I FLOOR, ABOVE HDFC BANK, B D ROAD, CHITRADURGA, REPRESENTED BY REGIONAL OFFICE, SITUATED AT SUBHARAM COMPLEX, NO.144, M G ROAD, BANGALORE-560001. REPRESENTED BY C K PARIMALA.

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…APPELLANT

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(BY SMT. GEETHA RAJ, ADVOCATE)

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AND:

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MRS G NAGAMMA

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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W/O LATE KOLLARAPPA, AGED ABOUT 41 YEARS

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MS K ANITHA D/O LATE KOLLARAPPA, AGED ABOUT 20 YEARS

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MR K PRASAD S/O LATE KOLLARAPPA, AGED ABOUT 19 YEARS

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MASTER K AJAYKUMAR

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S/O LATE KOLLARAPPA, AGED ABOUT 16 YEARS, 4^TH RESPONDENT IS MINOR

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REPRESENTED BY HIS NATURAL GUARDIAN

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NC: 2025:KHC:24547 MFA No. 9223 of 2017

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HC-KAR

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MOTHER I.E, 1^ST RESPONDENT ALL ARE RESIDENT OF NARENAHALU VILLAGE, CHITRADURGA TALUK & DISTRICT, PIN CODE-577536.

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MRS SAMEEMA M W/O JAMEEL AHAMMED, RESIDENT OF MANIMUNDA HOUSE, UPPALA POST, KASARGOD DISTRICT, KERAL STATE, PIN CODE 671323.

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…RESPONDENTS

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(BY SRI. B PRAMOD, ADVOCATE FOR R1 TO R4)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2017 PASSED IN MVC NO.864/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT-IV, CHITRADURGA, AWARDING COMPENSATION OF Rs.7,65,540/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, 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 above appeal is filed by the insurer under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 04.08.2017 passed in MVC No.864/2016 by the I Additional Senior Civil Judge & Additional MACT IV at Chitradurga² .

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred to as the ‘Tribunal’

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3 - NC: 2025:KHC:24547 MFA No. 9223 of 2017

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HC-KAR

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The Tribunal by its judgment and award dated 04.08.2017 considering a claim petition filed under Section 163(A) of the Act, partly allowed the same and awarded a total compensation of `7,65,540/- together with interest @ 6% per annum and fastened the liability to pay the compensation on the insurer of the offending vehicle who was arrayed as respondent No.2 before the Tribunal. Being aggrieved, the insurer has filed the above appeal.

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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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Heard the submissions of learned counsel

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Smt. Geetha Raj appearing for the appellant/insurer and learned counsel Sri B. Pramod appearing for the respondent Nos.1 to 4/claimants.

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The sole contention putforth by the learned counsel for the insurer that the claim petition having been filed under Section 163A of the Act, the Tribunal erred in awarding future prospects to the deceased as also compensation on various heads contrary to the stipulations contained on the II Schedule

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4 - NC: 2025:KHC:24547 MFA No. 9223 of 2017

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HC-KAR

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to the Act. Learned counsel for the claimants seeks to justify the award of the Tribunal.

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The submissions of both the learned counsels have been considered and the material on record have been perused, including the records of the Tribunal.

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The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal.

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Admittedly, the claim petition is filed under Section 163(A) of the Act. It is forthcoming that the deceased was aged 45 years as on the date of the accident. Hence, the Tribunal has applied the appropriate multiplier of ‘14’. In terms of II Schedule to the Act, the annual income of the deceased is assessed as 40,000/-. 1/3<sup>rd</sup> of his income is deducted towards personal expenses. Hence, the loss of dependency is reassessed as (40,000/- - 1/3^rd x 14) = 3,73,338/- as against 5,40,540/- awarded by the Tribunal.

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5 - NC: 2025:KHC:24547 MFA No. 9223 of 2017

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HC-KAR

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The compensation towards funeral expenses of `25,000/,

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loss of consortium of 1,00,000/- and loss of love and affection of 1,00,000/- is re-assessed as 2,000, 5,000/- and 2,500/respectively in terms of II Schedule to the Act.

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In view of the aforementioned, the compensation is reassessed as follows:

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Sl.No	Compensation Head	Amount Awarded by the Tribunal (`)	Amount awarded by this Court (`)
1	Loss of dependency	`5,40,540.00	3,73,338.00
2	Loss of consortium	1,00,000.00
3	Funeral expenses	25,000.00	9,500.00
4	Loss of love and	1,00,000.00
	affection
	Total	7,65,540.00	3,82,838.00

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Accordingly, the claimants are entitled compensation of

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3,82,838/- as against 7,65,540/- awarded by the Tribunal.

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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 04.08.2017 passed in MVC No.864/2016 by the I Additional

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NC: 2025:KHC:24547 MFA No. 9223 of 2017

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HC-KAR

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Senior Civil Judge & Additional MACT IV at Chitradurga is hereby modified to the extent of holding that the total compensation payable to the claimants is a sum of `3,82,838/-. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The amount deposited by the appellant/Respondent No.2 – insurer together with records shall be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal.

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iv) Balance amount, if any, with accrued interest to be deposited by the insurer within a period of six weeks. In the event of any excess amount, the same be refunded to the insurer.

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v) The Registry to draw the modified award accordingly;

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No costs.

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Sd/(C.M. POONACHA) JUDGE

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BS

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List No.: 1 Sl No.: 36

M/S National Insurance Company Ltd. v. Mrs G Nagamma

Case brief

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M/S National Insurance Company Ltd. v. Mrs G Nagamma

Case brief

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