Rekha R Vs Royal Sundaram Alliance Ins. Co. Ltd.

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED:04.07.2017 PASSED IN MVC NO.1830/2014 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU, (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 D K SINGH and

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HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:7861-DB MFA No. 2252 of 2022

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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Heard learned counsel for the appellants and learned counsel for respondent No.1-Insurance Company.

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The appellants-claimants have filed this appeal for enhancement of compensation being aggrieved by the judgment and award dated 04.07.2017 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-17) (for short, 'Tribunal') in MVC.No.1830/2014.

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

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Brief facts of the case are that, on 08.03.2014 when the deceased, Srinivasa Babu was riding Honda Activa bearing Reg. No. KA-01/ER-1511 and reached near Andhra Bank, 27^th main road, HSR Layout, Bengaluru, a Canter bearing Reg.No.KA-01/D-1557 came from the back side with high speed driven in a rash and negligent manner and dashed against the Honda Activa and caused accident. Due to the said impact, Srinivasa Babu sustained grievous injuries. Thereafter, the injured was admitted at Apollo Hospital where he

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NC: 2026:KHC:7861-DB MFA No. 2252 of 2022

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HC-KAR

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succumbed to injuries. Hence, claim petition was filed u/s 166 of MV Act seeking compensation.

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At the time of death, the deceased was around 25

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years of age and unmarried and according to the claimants he was earning Rs.16,500/- per month while working as Marketing Officer at V Care Pest control Services.

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The Tribunal, however, found on the basis of the evidence led by the parties that after 31.12.2013 the said firm i.e., V Care Pest control Services was not in existence. The claimants did not produce any bank statement details to suggest that after 31.12.2013 an amount of Rs.16,500/- was regularly credited to the bank account of the deceased. As the income of the deceased was not proved, the Tribunal had taken notional income as Rs.12,000/- per month for determining the loss of dependency. Since, the deceased was unmarried, 50% deduction was made from the monthly income of Rs.12,000/towards personal expenses, however, 40% for future prospects was not included. As we do not find that the 40% towards future prospects have been given in the award. We, therefore,

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HC-KAR

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re-determine the compensation towards loss of dependency as under:

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Rs.12,000 + Rs.4,800 (40%) = Rs.16,800/-

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Rs.16,800 - Rs.8,400 (1/2) = Rs.8,400/-

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Rs.8,400 x 12 x 17 = Rs.17,13,600/- as against a sum

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of Rs.12,24,000/- awarded by the Tribunal.

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Other heads do not require an interference which

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has been properly calculated.

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Thus, the claimants are entitled for the following

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compensation:

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HEADS	Rs.
Loss of dependency	17,13,600
Loss of love and affection	1,00,000
Towards funeral expenses	25,000
Towards medical expenses	1,21,000
TOTAL	19,59,600
Less: Compensation awarded by the Tribunal	14,70,000
ENHANCED COMPENSATION	4,89,600

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NC: 2026:KHC:7861-DB MFA No. 2252 of 2022

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HC-KAR

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Thus, we hold that the claimants are entitled to

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total compensation of Rs.19,59,600/- as against compensation of Rs.14,70,000/- awarded by the Tribunal.

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Regarding the liability, the Tribunal absolved the Insurance Company due to the driver not holding a valid driving license. The owner/respondent No.2, despite service of notice, has not appeared before this Court and he is set ex-parte.

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Considering the law laid down by the Supreme Court, in the cases where the insured vehicle is driven by a person not holding a valid driving license, the Insurance Company is directed to pay the compensation and recover the same from the owner of the vehicle. Accordingly, we modify the award and pass the following:

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O R D E R

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i. The appeal is allowed-in-part .

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ii. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The

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claimants are entitled to a total compensation of Rs.19,59,600/- as against Rs.14,70,000 awarded by

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HC-KAR

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the Tribunal. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of filing of the claim petition to till the date of its realization. However, the appellants-claimants are not entitled for interest for the delayed period of 894 days.

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iii. Respondent No.1-Insurance Company is directed to deposit the compensation so determined with interest within six weeks from the date of receipt of a copy of this judgment and recover the amount of compensation from the owner.

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