Smt Bhanumathi Vs Hdfc Ergo Gen.Ins.Co.Ltd

THIS MFA FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO CALL FOR RECORDS ON THE FILE OF THE MOTOR ACCIDENT CLAIMS, COURT OF SMALL CAUSES (SCCH-15) AT BANGALORE CITY IN MVC NO. 6602/2011 AND TO MODIFY THE JUDGMENT AND AWARD DATED 27.08.2015 BY DIRECTING THE INSURER TO SATISFY THE AWARD AND FURTHER TO ENHANCE COMPENSATION SUITABLY.

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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 SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC No.6602/2011 by the XIII Addl. Small Cause Judge & Member, MACT, Bengaluru dated 27.08.2015, whereby the Tribunal had granted compensation of an amount of Rs.11,03,000/-, the claimants are before this Court. However, the liability is fixed on the owner of the vehicle.

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HC-KAR

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The Tribunal had granted the compensation as per

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the table given below:

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SL. No.	Heads		Co	mpensation Awarded
1.	Loss of dependency	:	Rs.	10,53,000/-
2.	Loss of consortium	:	Rs.	20,000/-
3.	Love and affection	:	Rs.	10,000/-
4.	Funeral Expenses		Rs.	10,000/
5.	Loss of estate		Rs.	10,000/
	TOTAL	:	Rs.	11,03,000/-

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The learned counsel appearing for the

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appellant/claimants submits that the driver of the offending vehicle was not having a valid driving license. However, the Tribunal has failed to apply the principle of pay and recovery. In the order, the Tribunal has observed that there is no evidence on record to establish that the insured RC owner, the first respondent has taken due care and caution and satisfied himself with the competence of the accused/driver to drive the insured vehicle.

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It is further submitted that when it comes to the conventional heads, the Tribunal had granted only an amount of Rs.40,000/-. It is submitted that under the head of the loss

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HC-KAR

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of consortium, the funeral expenses and towards the legal expenses, the amount awarded by the Tribunal is on the lower side and the same needs to be enhanced. It is submitted that in the light of the law laid down by the Hon'ble Apex Court in the case of case of National insurance co. Ltd. V. Swaran singh

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and others¹ wherein the Hon’ble Apex Court had applied the principal of pay and recover and the Tribunal ought to have applied the same.

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The learned counsel appearing for the Insurance

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Company was not present on 11.03.2026. Today also there is a representation on their behalf.

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Having heard the learned counsel appearing for the appellant/claimants, perused the material on record. Towards loss of dependency, towards loss of love and affection and towards loss of estate, the Tribunal had granted reasonable amount and no enhancement is called for. Towards loss of consortium , as there are four claimants/dependents, this Court is granting an amount of Rs.1,76,000/- (Rs.44,000x4).

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1 2004 ACJ 1

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HC-KAR

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Towards funeral expenses , this Court is granting an amount of Rs.36,000/- .

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In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another² , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses .

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Coming to the liability aspect, in the light of the law

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laid down by the Hon’ble Apex Court in the case of Swaran Singh’s referred supra though the driver of the offending vehicle was not having a valid driving license, the principle of pay and recover will apply and the Insurance Company shall pay the compensation and recover the same from the owner of the vehicle.

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9. The claimants are therefore, entitled to the

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compensation under the following heads:

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SL. No.	Heads		C	ompensation Awarded by Tribunal	Compensation Awarded by this Court
1.	Loss of dependency	:	Rs.	10,53,000/-	10,53,000/-

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2 (2014) 11 SCC 178

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HC-KAR

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2.	Loss of Consortium	:	Rs.	20,000/-	1,76,000/-
3.	Love and affection	:	Rs.	10,000/-	10,000/-
4.	Funeral Expenses	:	Rs.	10,000/-	36,000/-
5.	Loss of Estate	:	Rs.	10,000/-	10,000/-
6.	Legal Expenses	:	Rs.	00/-	10,000/-
	TOTAL	:	Rs.	11,03,000/-	12,95,000/-

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Altogether, the claimant is entitled for the compensation of an amount of Rs.12,95,000/- .

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Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.11,03,000/- to Rs.12,95,000/- and the Insurance Company is liable to pay the compensation amount and recover the same from the owner of the vehicle.

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i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization.

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ii) Respondent/Insurance Company is liable to pay the compensation amount and recover the same from the owner of the vehicle.

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iii) Respondent/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such

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HC-KAR

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deposit, the claimant is entitled to withdraw the amount as per the award.

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iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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vi) On 08.01.2026, the delay of 497 days is condoned by this court, on the condition that the claimants will not be entitled for the interest, in case of enhancement of compensation. Hence, Insurance company is not liable to pay the interest for the delay period.

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vii) No costs.

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viii) Pending miscellaneous petitions, if any, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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SD List No.: 1 Sl No.: 58

Smt Bhanumathi v. Hdfc Ergo Gen.Ins.Co.Ltd

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Smt Bhanumathi v. Hdfc Ergo Gen.Ins.Co.Ltd

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