The New India Assurance Co. Ltd. Vs Santhosh Kumar Yadav

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2016 PASSED IN MVC NO.4019/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, MEMBER, MACT-7, BENGALURU, AWARDING COMPENSATION OF RS. 17,44,698/WITH INTEREST AT 9% P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT.

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IN MFA.CROB NO. 174/2018

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BETWEEN:

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SANTHOSH KUMAR YADAV, S/O KAILASHNATH YADAV, AGED ABOUT 41 YEARS,

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HC-KAR

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JYOTHIKUMARI S., D/O SANTHOSH KUMAR YADAV, AGED ABOUT 19 YEARS,

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NAVEEN KUMR YADAV S., S/O SANTHOSH KUMAR YADAV, AGED ABOUT 16 YEARS,

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SHWETHA S., D/O SANTHOSH KUMAR YADAV, AGED ABOUT 13 YEARS,

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(APPELLANT NOS.3 AND 4 BEING MINORS ARE REPRESENTED BY THEIR NEXT FRIEND, NATURAL GUARDIAN FATHER SANTHOSH KUMAR YADAV THE CROSS OBJECTOR NO.1).

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ALL ARE RESIDING AT NO.12, MYSORE ROAD, ANCHEPALYA, KUMBALAGODU, KENGERI, BENGALURU - 560 060.

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...CROSS OBJECTORS

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(BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

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AND:

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THE NEW INDIA ASSURANCE INSURANCE COMPANY LIMITED, NO.9/2, 2^ND FLOOR, MAHALAXMI CHAMBERS, M.G.ROAD, BENGALURU - 560 010. REPRESENTED BY ITS MANAGER.

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HC-KAR

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MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC TRANSPORT, BHAVAN FORT, THIRUVANATHAPURAM, KERALA - 695 023.

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...RESPONDENTS

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(BY SRI.K.SURYANARAYANA RAO, ADVOCATE AND SRI.C.R.RAVISHANKAR, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 28.03.2023)

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THIS MFA CROB IN MFA 2543/2017 FILED U/O 41

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RULE 22 OF CPC, R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.12.2016 PASSED IN MVC NO.4019/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE XXXIV ACMM, COURT

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OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA AND MFA CROB, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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MFA.No.2543/2017 is filed by the insurance company against the award passed in MVC.No.4019/2015 dated 17.12.2016 on the file of the IX Additional Small Causes Judge & XXXIV ACMM, Court of Small Causes, Member MACT-7, Bangalore.

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Heard the arguments of learned counsels appearing for both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience.

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Smt. Mamtha @ Mamtha Devi met with an accident on 13.08.2015 and died subsequently. Her husband and children filed claim petition claiming compensation of Rs.50,00,000/- with interest at the rate of 12% per annum. The Tribunal after considering entire evidence on record, granted an amount of Rs.17,44,698/- with interest at the rate of 9% per annum from the date of petition till deposit. Aggrieved by the said award, insurance company preferred this appeal and mainly contended that petitioner No.1 was employed as supervisor in manufacturing department at

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HC-KAR

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Motherson Sumi Electronic Wires and he was getting a salary of Rs.14,000/- to 16,000/- per month. The appellant produced relevant documents before this Court by way of additional evidence. As such, the petitioner No.1, husband of deceased was not dependent on the deceased and deduction of 1/4^th towards personal expenses is erroneous. Further it is contended that the Tribunal erred in granting Rs.1,00,000/- towards ‘loss of consortium’ and Rs.1,00,000/- under the head ‘loss of care for children’, is excessive. Thus, requested to set side the order of the Tribunal.

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MFA.Crob.No.174/2018 is filed by the claimants seeking for enhancement of compensation by setting aside the order passed in MVC.No.4019/2015 dated 17.12.2016 on the file of the IX Additional Small Causes Judge & XXXIV ACMM, Court of Small Causes, Member MACT-7, Bangalore.

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It is mainly contended by the claimants that the deceased-Mamatha was aged 39 years as on the date of accident and she was working as an Operator in Sewing Department at Bombay Rayon Fashions Limited, Mysore Road, Kengeri, Bangalore and was drawing a salary of Rs.8,159/- per

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HC-KAR

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month and she was a permanent employee and Ex.P9 is a salary certificate but the Tribunal has taken only Rs.7,159/instead of Rs.8,159/-and interest is to be granted at the rate of 12%.

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It is further stated that the deceased-Mamatha was working as an Operator and getting a salary of Rs.8,159/- as per salary certificate under Ex.P9. As per the pay slip of May2015, the deceased was getting a gross salary of Rs.8,159/-. Therefore, this Court finds it just and reasonable to take her gross salary as Rs.8,159/- per month and she was aged 39 years as on the date of accident and the relevant multiplier is ‘15’. Learned counsel for the respondent contended that as the husband of deceased is not depending on her, 1/3^rd is to be deducted towards personal expenses. The said contention cannot be accepted as the dependents are four in number, 1/4^th is to be deducted towards personal expenses and claimants are also entitled for 40% towards future prospects. Thus, compensation under the head ‘loss of dependency’ comes to Rs.15,42,051/- (8,159+40% = 11,422x 12x15 = 20,55,960 - 1/4 = 15,42,051) and first petitioner is entitled to Rs.40,000/towards spousal consortium and petitioner Nos.2 to 4 are

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HC-KAR

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entitled for Rs.40,000/- each towards parental consortium and they are also entitled for Rs.30,000/- towards ‘conventional head'. So total compensation comes to Rs.17,40,250/-. As the Tribunal has already granted Rs.17,44,698/- and there is no much difference between the amount awarded by this Court and Tribunal, this Court finds it just and reasonable to confirm the amount granted by the Tribunal. Thus, the following:

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ORDER

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(i) MFA.No.2543/2017 is allowed-in-part and MFA.Crob.No.174/2018 is dismissed by confirming the order passed by the Tribunal.

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(ii) As the insurance company has already deposited 50% of the compensation amount, respondent No.1-insurance company is directed to deposit balance amount with interest at the rate of 6% per annum within one month from the date of the order.

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(iii) On such deposit, all the petitioners are permitted to withdraw the entire amount along with interest equally.

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