Ramesha Narayanappa Vs Icici Lombard General Insurance Company Ltd.

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:07.01.2023 PASSED IN MVC No.6298/2019 ON THE FILE OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment

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and award dated 07.01.2023 passed in MVC No.6298/2019 by III Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-18)

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2. Heard learned counsel for the appellant.

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NC: 2026:KHC:33559 MFA No. 5821 of 2023

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3 -

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HC-KAR

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3. The accident occurred on 03.09.2019. As on the

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date of the accident, the deceased was aged about 75 years. Ex -P9 is the Aadhar card of the deceased and as per Aadhar Card, the date of birth of the deceased is 10.08.1944. The Tribunal has rightly taken the age of the deceased as 75 years. As the age of the deceased is 75 years, the Tribunal has rightly applied multiplier 5. Considering the fact that the deceased is aged 75 years, the Tribunal has rightly taken her income at Rs.8,000/-

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per month. The deceased was mother of the claimant. Considering the said aspect, the Tribunal has rightly deducted 50% of income towards personal expenses of the deceased. Considering the said aspect, the Tribunal has rightly awarded Rs.2,40,000/towards loss of dependency. The Tribunal has also awarded loss of consortium, loss of estate, funeral expenses etc., taking 10% escalation and also separately awarded towards transportation of dead body in a sum of Rs.10,000/- .

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NC: 2026:KHC:33559 MFA No. 5821 of 2023

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