Smt. Shameela Mahaboob Basha Vs United India Insurance Company Ltd.

SINCE APPELLANT 2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT.SHAMEELA MEHABOOB BASHA ALL ARE R/AT NO.1/458 METTUPALAYAM, CHIGARAMAGANAPALLI, VEPPANAPALLI, KRISHNAGIRI TAMIL NADU-635121.

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…APPELLANTS

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(BY SRI. THIPPESWAMY B.C., ADVOCATE)

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HC-KAR

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AND:

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UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE 5TH AND 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, OPP. HUDSON CIRCLE, BENGLAURU-560001. BY MANAGER. (POLICY NO.0727003119 P114767901 VALID FROM 15-02-2020 TO 14-02-2021)

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M/S. SHREYAS STONES PVT. LTD., NO.37, HURULAGURKI VILLAGE, VENKATAGIRIKOTE POST, DEVAHALLI TALUK, BENGLAURU RURAL DISTRICT BENGALURU. BY MANAGER. …RESPONDENTS (BY SRI. D.VIJAYAKUMAR, ADVOCATE FOR R1; NOTICE TO R-2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.03.2022 IN MVC NO.221/2021 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU.

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

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The appeal is filed seeking for enhancement of

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compensation.

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It is not in dispute that as a result of the motor vehicle accident which occurred on 15.12.2020, Mahaboob Basha, a 44 years old died.

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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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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 Mahaboob Basha. The Tribunal has thereafter proceeded to award the following sums as compensation:

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Sl.	Ptil	Amount
No.	arcuars	in (Rs.)
1.	Loss of Dependency	13,99,944
2.	Loss of estate	15,000

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HC-KAR

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3.	Towards spousal Consortium	40,000
4.	Towards parental consortium (40,000 x 2)	80,000
5.	Transportation of dead body and funeral expenses	15,000
	Total	15,50,000

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In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2020, would be Rs.14,500/-.

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Since the deceased was aged 43 years and was a coolie

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by profession, 25% requires to be added to his monthly income towards future prospects, which would result in the income to be Rs.18,185/- (14,500 + 3,625 = 18,185/-).

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If 1/3^rd is deducted towards personal expenses, his monthly income would be Rs.12,084/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.12,084/-

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HC-KAR

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As the deceased was aged 44 years, a multiplier of '14' would have to be applied.

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Consequently, the claimants would be entitled to a sum of Rs.20,30,112/- (12,084 x 12 x 14 = Rs.20,30,112/- towards “ loss of dependency” .

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The claimants being the dependents, they would each be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200 and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads” .

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Thus, the claimants, in modification of the impugned

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award, would be entitled to the following sums:

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Sl. No.	Particulars	Amount (In Rs.)
1.	Loss of Dependency	20,30,112
2.	Loss of Consortium	1,45,200
3.	Conventional Heads	36,300/-
	Total	22,11,612

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Thus, the claimant would be entitled for compensation of Rs.22,11,612/- as against Rs.15,50,000/- awarded by the

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6 -

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HC-KAR

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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.

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

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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GPG List No.: 1 Sl No.: 7

Smt. Shameela Mahaboob Basha v. United India Insurance Company Ltd.

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Smt. Shameela Mahaboob Basha v. United India Insurance Company Ltd.

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