Seema Banu Vs Gangadhara

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:24.07.2023 PASSED IN MVC No.5504/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. M.A.C.T, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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The appeal is by the claimant seeking enhancement

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of the compensation awarded in the Judgment and Award dated 24.07.2023 passed in MVC No.5504/2022 by Chief Judge of Small Causes Court and Principal MACT, Bengaluru.

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2. The appellant –claimant made a claim petition praying to award compensation for the death of her

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HC-KAR

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CNR: KAHC010021142024

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husband -Sayed Ameer Jan in a road traffic accident occurred on 13.08.2022, contending that the accident occurred due to the rash and negligent driving of driver of Tata Ace bearing registration No.KA-40/A-2683. The Tribunal after recording the evidence of the parties and appreciating the evidence on record has assessed the compensation and awarded compensation under various

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heads as under:

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Sl.	Head of Compensation	Calculation Rs.	Amount/Rs.
i	Monthly Income	15,500-00
	Add:10% future prospects Total	15,500-00 1,550-00 17,050-00
ii	Deduction of 50% of income of the deceased towards personal expenses	17,050-00 8,525-00 8,525-00
iii	Annual income of the petitioner	8252x12 1,02,300
iv	Compensation after multiplier applied	1,02,300x11	11,25,300-00
v	Loss of estate		16,500-00
vi	Funeral expenses		16,500-00
Vii	Loss of consortium to petitioner No.1-wife		44,000-00
	Total		12,02,300-00

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HC-KAR

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CNR: KAHC010021142024

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3. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed respondent No.2 -insurer to deposit the award amount with interest. The claimant has filed the present appeal seeking enhancement of compensation.

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4. Heard learned counsel for the appellant and learned counsel for respondent No.2 -insurer.

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5. Learned counsel for the appellant wound contend that the claimant is the wife of the deceased and therefore, deduction taken by the Tribunal at 50% towards personal expenses of deceased is not proper and deduction to be taken is at 1/3^rd . On that point, he places reliance on the decision of the Hon’ble Apex Court in the case of developers for in the case of Ved Kanwar and Others Vs Babulal and Others¹ . He further submits that the Tribunal has rightly taken the income of the deceased, added 10% future prospects, applied multiplier

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1 In 2026 ACJ 872

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HC-KAR

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CNR: KAHC010021142024

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11 and calculated loss of dependency. The compensation awarded for consortium and loss of estate are just and proper. With these, he prays to allow the appeal.

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6. Learned counsel for respondent No.2 –insurer would contend that the claimant is the wife of the deceased and therefore, deductions to be taken at 50% towards personal expenses of the deceased. Considering the same, the Tribunal has rightly taken the deduction at 50%. With this he prays to dismiss the appeal.

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7. Having heard learned counsels, the Court has

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perused impugned judgment and trial Court records.

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8. The accident occurred on 13.08.2022 and as on

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the date of accident, the deceased was aged 52 years. The Tribunal has rightly taken the income of the deceased at Rs.15,500/- per month, added 10% towards future prospects and applied multiplier 11. The Tribunal has deducted 50% towards personal expenses of the deceased

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on the ground that the claimant is the wife of the deceased. The Hon'ble Apex Court in recent case of Ved

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HC-KAR

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CNR: KAHC010021142024

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Kanwar(supra) has considered a similar case and taken deduction at 1/3^rd where the deceased was married and left behind his widow only. The said observation of the Hon’ble Apex Court is as under:

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“6. Thus, in the case of Sarla Verma v. Delhi Transport Corporation, 2009-ACJ 1298 (SC), as approved in Pranay Sethi (supra), this court has clearly held that "where the deceased was married, the deduction towards personal and living expenses of the deceased, should be 1/3rd (one-third) meaning thereby that where the deceased was married and left behind his widow only, the deduction should be 1/3rd (one-third).”

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9. In view of the above, since the deceased has

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left claimant who is his widow, the deduction is to be taken at 1/3^rd as against 50% taken by the Tribunal. In view of the above, the loss of dependency is calculated as under:

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Rs.15,500/- + 10% (Rs.1552/-) = 17,050/- less 1/3^rd = Rs.11,367/- x12 x11 = Rs.15,00,444/-.

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HC-KAR

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CNR: KAHC010021142024

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10. The claimant is entitled to loss of dependency in a sum of Rs.15,00,444/- as against Rs.11,25,300/- as awarded by the Tribunal. Consequently, the claimant is entitled to enhanced compensation Rs.3,75,144/- with interest at the rate of 6% per annum from the date of petition till reliasation. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest.

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11. In view of the above, the following

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ORDER

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i) The appeal is allowed in part.

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ii) The appellant –claimant is entitled to enhanced compensation of Rs.3,75,144/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day failing which it is liable to pay interest at the rate of 9% per annum from this day till payment.

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