P Chinnanna Vs the Manager

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.09.2023 PASSED IN MVC NO.2844/2022 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION 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 MRS. JUSTICE P SREE SUDHA

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.09.2023 passed in MVC No.2844/2022 on the file of the IX Additional Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru, for enhancing the compensation.

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Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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The brief facts of the case are that, one Purushotham S/o P. Chinnanna, met with an accident on 02.05.2022 and died subsequently. His parents and sister filed petition before the Tribunal for compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.23,23,400/- with interest at the rate of 6% p.a., from the date of filing the petition till the

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date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that Purushotham was

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HC-KAR

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working as a recovery boy at Ganashri Enterprises and was earning Rs.30,000/- per month. But the Tribunal erred in taking his income at Rs.15,500/-. It is further contended that the amounts awarded towards loss of consortium and funeral expenses ought to have been enhanced at the rate of 10% every three years, in terms of the decision of the Hon9ble Apex Court in National Insurance Company Ltd. Vs. Pranay Sethi and Others¹ , but not considered . It is also contended that interest is to be awarded at the rate of 9% per annum.

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Though it is stated that Purushotham was earning Rs.30,000/- per month, the claimants have not filed any income proof. Purushotham met with the accident in the year 2022, and the Tribunal has rightly considered the notional income at Rs.15,500/- as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 26 years and the applicable multiplier is 8179. He is entitled to an addition of 40% towards future prospects and 50% is to be deducted towards personal expenses, as he was a bachelor. Accordingly, the Tribunal has awarded a sum of

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1 AIR 2017 SC 5157

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HC-KAR

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Rs.22,13,400/- (15,500 + 40% × 12 × 17 - 50%) towards loss of dependency and the same is confirmed. Petitioner Nos.1 and 2 are the parents of the deceased, are each of them entitled to Rs.44,000/- towards filial consortium and they are also entitled to Rs.33,000/- under conventional heads.

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Thus in all, compensation awarded by this Court is

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as below:

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	22,13,400/-
2	Towards filial consortium (Rs.44,000/- each to petitioner Nos.1 and 2)	88,000/-
3	Towards conventional heads	33,000/-
	Total	23,34,400/-

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Hence, the appellants-claimants are entitled for a

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total compensation of Rs.23,34,400/- along with interest at the rate of 6% p.a.

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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 05.09.2023 passed in MVC No.2844/2022 on the file of the IX Additional Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru, is modified.

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iii. The claimants are entitled to a sum of Rs.23,34,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,23,400/- granted by the tribunal.

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iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.11,000/- along with the interest at the rate of 6% within one month from the date of this order.

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HC-KAR

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v. On such deposit, petitioner No.2-mother of the deceased is permitted to withdraw the entire amount along with interest accrued on the same.

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vi. It is a case of no valid driving licence. The Tribunal has invoked the principle of pay and recovery. Therefore, the Insurance Company is at liberty to recover the amount from the owner of the vehicle by due process of law.

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Sd/(P SREE SUDHA) JUDGE

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AMA List No.: 1 Sl No.: 3

P Chinnanna v. the Manager

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P Chinnanna v. the Manager

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