Rathnamma Vs Iffco - Tokio General Insurance Co. Ltd. — Motor Accident Claims

RATHNAMMA W/O LATE RAMACHANDRAPPA M V AGED ABOUT 66 YEARS R/AT RAMEGOWDANAHAGALLI 14TH WARD PAVAGADA ROAD BURKANAHATTI 3RD BLOCK MADHUGIRI TOWN TUMKUR DISTRICT

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(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)

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…APPELLANT

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AND:

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IFFCO - TOKIO GENERAL INSURANCE CO. LTD. THE MANAGER SRI SHANTHI TOWERS 5TH FLOOR NO.141 3RD MAIN EAST OF NGEF LAYOUT KASTURINAGAR BANGALORE-43

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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MR DAMODHARAN M S/O MUNISWAMY R NO.24 SRIKANTAPURA KINDAL COLONY NAGASANDRA POST BANGALORE-73

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…RESPONDENTS

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(BY SRI. B.C SHIVANNE GOWDA, ADVOCATE FOR R1, VIDE ORDER DATED 16/04/2026, SERVICE OF NOTICE TO R2 HELD SUFFICIENT)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2019 PASSED IN MVC NO. 5438/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 2066/2021

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BETWEEN:

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KALPANA K A W/O LATE ARUN KUMAR Y N AGED ABOUT 27 YEARS

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SOUJANYA A

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D/O LATE ARUN KUMAR Y N AGED ABOUT 6 YEARS

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VARSHINI A

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D/O LATE ARUN KUMAR Y N AGED ABOUT 8 YEARS

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ALL ARE RESIDING AT YATTUGONAHALLI VILLAGE VADDAGERE POST

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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KASABA HOBLI, KORATAGERE TALUK TUMKUR DISTRICT THE PETITIONER NO.2 AND 3 ARE MINOR HENCE, REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN KALPANA K.A

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...APPELLANTS

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(BY SRI. SHRIPAD V SHASTRI.,ADVOCATE)

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AND:

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THE MANAGER

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IFFCO-TOKIO GENERAL INSURANCO CO LTD "SRI SHANTHI TOWERS" 5^TH FLOOR, NO.141 3^RD MAIN, EAST NGEF LAYOUT KASTURINAGAR

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BANGALORE-43.

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MR. DAMODHARA M S/O MUNISWAMY R NO.24, SRIKANTAPURA JINDAL COLONY NAGASANDRA POST BANGALORE-73.

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D NAGARAJU S/O LATE DODDALINGAPPA AGED ABOUT 58 YEARS

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RATHNAMMA W/O D NAGARAJU AGED ABOUT 52 YEARS

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RESIDING AT YATTUGONAHALLI VILLAGE VADDAGERE POST KASABA HOBLI, KORATAGERE TALUK

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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HC-KAR

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CNR: KAHC010199802020

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TUMKUR DISTRICT

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...RESPONDENTS

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(BY SRI. B.C SHIVANNE GOWDA. ADVOCATE FOR R1, 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 07.12.2019 PASSED IN MVC NO. 5437/2018 ON THE FILE OF THE MEMBER, PRL. MACT, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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These two appeals arise out of the common judgment

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dated 07.12.2019 passed in MVC.No.5437/2018 and MVC.No.5438/2018.

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While MVC.No.5437/2018 is filed by the legal heirs of deceased Arun Kumar, who was riding the motorcycle, MVC.No.5438/2018 is filed by the legal heir - mother of the deceased Harish Babu, who was riding pillion.

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The factual matrix of the case is that on 27.08.2018 at about 10.10 p.m, the deceased Arun Kumar was riding the

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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motorcycle bearing registration KA06 EC 6975 along with pillion rider deceased Harish Babu and when they reached near Doddery, in front of Devi Narayana Daba, without noticing a Eicher canter bearing registration No.KA01 C 0827, which was parked in the middle of the road without any signal or indicator for having parked the vehicle in the middle of the road, they dashed against the same and sustained grievous injuries and both of them succumbed to the same. Thereafter, the legal heirs of rider and pillion rider of the motorcycle filed respective claim petitions.

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The Tribunal vide common judgment awarded compensation of Rs.29,44,000/- for the accidental death of Arun Kumar and Rs.12,80,000/- for the accidental death of Harish Babu. Aggrieved by the same, the legal heirs of Arun Kumar filed MFA.No.2066/2021 and legal heir of deceased Harish Babu filed MFA.No.6160/2021, before this Court seeking enhancement.

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It is not in dispute that as a result of the motor vehicle accident which occurred on 27.08.2018, Arun Kumar, a 31 year old and Harish Babu, a 31 year old died.

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured.

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IN MFA.2066/2021 :

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The Tribunal, on assessment of evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Arun Kumar. The Tribunal has thereafter proceeded to award the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Loss of Dependency	27,14,000
2.	Loss of Consortium to petitioner No.1	40,000
3.	Funeral and ritual expenses	15,000
4.	Loss of estate	15,000
5.	Loss of parental consortium to petitioners No.2 and 3	80,000
6.	Loss of filial consortium to petitioner No.4 and 5	80,000
	Total	29,44,000

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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In order to determine the monthly income, the Tribunal, after analyzing the material on record, concluded that since the income of the deceased varied every month, it would be appropriate to take the average of the income and arrived at Rs.15,143/-. As such, the said income arrived at by the Tribunal, being based on the documentary evidence, is just and proper and hence, affirmed.

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Since the deceased was aged 31 years and was selfemployed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.21,200/-.

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Since there are three dependents, 1/3^rd is to be deducted towards personal expenses, which makes his monthly income to be Rs.14,133/-. The income of the deceased for the purposes of determining the loss of dependency would thus be

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Rs.14,133/-.

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As the deceased was aged 31 years, a multiplier of '16' would have to be applied.

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HC-KAR

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CNR: KAHC010199802020

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Consequently, the claimants would be entitled to a sum of Rs.27,13,536/- (Rs.14,133 x 12 x 16) towards “ loss of dependency” .

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The claimants, being the parents, wife and two children of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads” . Though the parents of the deceased are arrayed as respondents in the present appeal, they are entitled for loss of consortium. As such, the amount is awarded to them towards loss of consortium.

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Thus, the claimants, in modification of the impugned award, would be entitled to the following sums:

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Sl. No.	Particulars	Amount (In Rs.)
1.	Loss of Dependency	27,13,536
2.	Loss of Consortium	2,42,000
3.	Conventional Heads	36,300
	Total	29,91,836

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9 - NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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HC-KAR

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CNR: KAHC010199802020

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Accordingly, the claimants would be entitled for compensation of Rs.29,91,836/- as against Rs.29,44,000/awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment and thereafter, as directed by the Tribunal, shall recover the same from the owner of the offending vehicle.

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The apportionment of compensation amount shall be in terms of the award of the Tribunal.

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IN MFA.6160/2021 :

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The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Harish Babu. The Tribunal has thereafter proceeded to award the following sums as compensation:

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HC-KAR

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CNR: KAHC010199802020

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Sl. No.	Particulars	Amount in (Rs.)
1.	Loss of Dependency	12,10,000
2.	Loss of estate	15,000
3.	Funeral and ritual expenses	15,000
4.	Filial consortium	40,000
	Total	12,80,000

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In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-.

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Since the deceased was aged 31 years and was selfemployed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.17,500/- .

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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Since the deceased was bachelor, 50% is to be deducted towards personal expenses, which makes his monthly income to be Rs.8,750/-. The income of the deceased for the purposes of determining the loss o dependency would thus be

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Rs.8,750/-.

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As the deceased was aged 31 years, a multiplier of '16 ' would have to be applied.

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Consequently, the claimant would be entitled to a sum of Rs.16,80,000/- (Rs.8,750 x 12 x 16) towards “ loss of dependency” .

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The claimant being the mother, would be entitled to a sum of Rs.48,400/- towards “loss of consortium” , and would also be entitled to a sum of Rs.36,300/- under the “conventional heads” .

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Thus, the claimant, in modification of the impugned award, would be entitled to the following sums:

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Sl.	Ptil	Amount
No.	arcuars	(In Rs.)
1.	Loss of Dependency	16,80,000

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HC-KAR

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NC: 2026:KHC:36857 MFA No. 6160 of 2021 C/W MFA No. 2066 of 2021

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CNR: KAHC010199802020

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Loss of Consortium 48,400
3. Conventional Heads 36,300
Total 17,64,700

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Accordingly, the claimant would be entitled for

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compensation of Rs.17,64,700/- as against Rs. 12,80,000 /- awarded by the Tribunal, along with interest at the rate of 6%

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per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment and thereafter, as directed by the Tribunal, shall recover the same from the owner of the offending vehicle.

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The apportionment of compensation amount shall be in terms of the award of the Tribunal.

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Accordingly, both the appeals are allowed in part .

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SD/(RAJESH RAI K) JUDGE

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PKS/List No.: 1 Sl No.: 49

Rathnamma v. Iffco - Tokio General Insurance Co. Ltd.

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Rathnamma v. Iffco - Tokio General Insurance Co. Ltd.

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