Smt. Chaya Vikas Pande, Vs Iffco-Tokio Gen. Ins.Co. Ltd.

IFFCO-TOKIO GEN. INS.CO. LTD., OFFICE AT NO.141, 5^TH FLOOR, SHANTHI TOWERS, 3^RD MAIN, EAST OF KGEF LAYOUT, KASTURINAGARA, BENGALURU - 560 043. REP. BY ITS MANAGER.

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SRI. ABHISHEK T.P. S/O PUTTASWAMY GOWDA, AGE MAJOR, R/AT NO. E/315, ABBAIAH REDDY, AND THIMMA REDDY LAYOUT, DEVARA CHIKKANAHALLI BENGALURU - 560 076.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1; VIDE ORDER DATED 09.10.2023, NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2022 PASSED IN MVC NO.4173/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION, SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimants seeking

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enhancement of compensation awarded in Judgment and Award dated 05.08.2022 passed in MVC No.4173/2020 by XIII Additional Small Causes Judge and Member, MACT, Bengaluru, (SCCH-15).

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Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and the learned counsel for respondent - BMTC, the matter is taken up for disposal.

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T he appellants/claimants filed a claim petition

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seeking compensation for the death of Vikas Pande (husband of claimant No.1 and father of claimant Nos.2 and 3) in a road traffic accident contending that the accident occurred due to rash and negligent driving by the driver of Maruthi Dzire Car bearing registration No.KA-51AA-0632.

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4 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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4. The Tribunal recorded the evidence adduced by

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the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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1.	Loss of consortium	Rs.	40,000/-
2.	Loss of Love and Affection	Rs.	50,000/-
3.	Loss of Estate	Rs.	15,000/-
4.	Funeral Expenses	Rs.	15,000/-
5.	Expenses of transportation of dead body	Rs.	5,000/-
6.	Medical Expenses	Rs.	6,88,100/-
7.	Loss of Dependency	Rs.	11,48,364/-
	Total	Rs.	19,61,464/-

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5. The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realization and directed respondent No.1 - Insurer to pay the compensation amount with interest.

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6. A ggrieved by the quantum of compensation

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awarded by the Tribunal, the claimant has preferred the present appeal seeking enhancement.

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Heard the learned counsel for appellants and

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learned counsel for respondent No.1 - Insurer.

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5 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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Learned counsel appearing for the appellants

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contended that the claimants, being the wife and two children of the deceased, are each entitled to consortium of Rs.40,000/- with a 10% escalation. It is further contended that the Tribunal has not granted the requisite escalation while awarding compensation under the heads of loss of estate and funeral expenses. On these grounds, learned counsel prayed for allowing the appeal and enhancing the compensation awarded by the Tribunal.

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Per contra, learned counsel appearing for Respondent No.1 - Insurer contended that the compensation awarded by the Tribunal is just and proper and does not warrant any interference by this Court. Accordingly, he prayed for dismissal of the appeal.

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10. H aving heard both the learned counsel for appellants and learned counsel for respondent No.1 - Insurer, the Court has perused the impugned judgment and award.

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6 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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The claimants are wife and two children of the

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deceased - Vikas Pande. Therefore, they are entitled to consortium in a sum of Rs.40,000/- with 10% escalation each. Therefore, the claimants are entitled to consortium of Rs.1,32,000/- (44,000 X 3). As consortium is awarded, the claimants are not entitled to loss of love and affection separately as awarded by the Tribunal in a sum of Rs.50,000/-.

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The Tribunal has awarded loss of estate Rs.15,000/- and funeral expenses Rs.15,000/-. The Tribunal has not considered escalation at 10% to loss of estate and funeral expenses. Therefore, the claimants are entitled to loss of estate in a sum of Rs.16,500/- and funeral expenses is Rs.16,500/-.

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The appellants/claimants have not sought for

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enhancement of compensation under other heads.

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7 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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14. Considering all the above aspects, the claimants

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are entitled to total compensation under different heads as

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under:

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1.	Loss of consortium	Rs.	1,32,000.00
2.	Loss of Love and Affection	Rs.	Nil
3.	Loss of Estate	Rs.	16,500.00
4.	Funeral Expenses	Rs.	16,500.00
5.	Expenses of transportation of dead body	Rs.	5,000.00
6.	Medical Expenses	Rs.	6,88,100.00
7.	Loss of Dependency	Rs.	11,48,364.00
	Total	Rs.	20,06,464.00

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15. The claimants are entitled to total compensation

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of Rs.20,06,464/- with interest at the rate of 6% per annum from the date of petition till realization as against Rs.19,61,464/- awarded by the Tribunal.

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16. The claimants are entitled to enhanced compensation of Rs.45,000/- (20,06,464 - 19,61,464) with interest at the rate of 6% per annum from the date of petition till realization.

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17. Respondent No.1 - Insurer is liable to pay enhanced compensation amount with interest.

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8 - NC: 2026:KHC:30176 MFA No. 3642 of 2023

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HC-KAR

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18. In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The claimants are entitled to enhanced compensation of Rs.45,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.1 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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iv) The claimants are entitled to release of entire enhanced compensation amount.

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v) The claimants are not entitled to the interest for delay period of 184 days in filing the appeal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 37

Smt. Chaya Vikas Pande, v. Iffco-Tokio Gen. Ins.Co. Ltd.

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Smt. Chaya Vikas Pande, v. Iffco-Tokio Gen. Ins.Co. Ltd.

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