Sakamma Vs Gurujaru G M

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.08.2023 PASSED IN MVC No.164/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSION JUDGE, TUMAKURU, SITTING AT MADHUGIRI, MACT, MADHUGIRI, 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 claimants seeking enhancement of compensation awarded in the judgment and award dated 11.08.2023 passed in MVC No.164/2021 by IV Additional District and Sessions Judge, Tumkuru sitting at Madhugiri.

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2. Even though the appeal is listed today for admission but with consent of both counsels the matter is

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taken up for disposal.

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3 - NC: 2026:KHC:28457 MFA No. 8394 of 2023

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HC-KAR

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3. The claimants made a claim seeking award of

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compensation for the death of one Shankara in a road traffic incident which took place on 01.11.2020 and contended that the accident occurred due to the rash and negligent driving of driver of the car bearing No.KA-64-

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0146. The Tribunal has recorded the evidence and appreciating the evidence on record awarded compensation under different heads as under:

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	Head of Compensation	Amount in Rs.
1	Loss of Dependency	Rs. 13,92,000-00
2	Loss of love and affection	Rs. 10,000-00
3	Funeralexpenses	Rs. 25,000-00
	Total Compensation	Rs.14,27,000-00

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4. The Tribunal has also awarded interest at the rate of 6% per annum and held that insurer is liable to pay compensation amount with interest. Claimants seeking enhancement of compensation have filed this appeal.

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5. Heard learned counsel for appellants and learned counsel for respondent No.2.

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NC: 2026:KHC:28457 MFA No. 8394 of 2023

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HC-KAR

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6. Learned counsel for appellants would contend

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that the Tribunal has not taken into consideration of future prospects while calculating loss of dependency. Future prospects are to be taken at 40% since the age of the deceased is 35 years as per decision of Hon’ble Apex Court

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in the case of National Insurance Company Vs Pranay Sethi and Ors . He further submits that The Tribunal has not awarded consortium and loss of the estate. The claimants are entitled to consortium and loss of estate

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with escalation of 10%. With these, he prays to allow the appeal and enhancement of compensation.

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7. Learned counsel for respondent No.2 would contend that compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement.

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8. Having heard learned counsels, this Court has perused the impugned judgment and award.

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5 - NC: 2026:KHC:28457 MFA No. 8394 of 2023

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HC-KAR

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9. The accident and liability of the insurer is not in

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dispute. The deceased was aged 35 years as on the date of incident and the incident has taken place on 01.11.2020. The Tribunal has not taken into consideration of future prospects. In view of decision of Hon’ble Apex

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Court in the case of Pranay Sethi (Supra), future prospects at 40% is to be taken since the deceased was aged 35 years. The Tribunal has rightly deducted half (1/2) of the income towards personal expenses of the deceased and applied multiplier 16. Considering the above aspect, the loss of dependency is calculated as under:

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Rs.14,500/- + 40% (Rs.5,800/-) =Rs.20,300/x1/2x12x16 = Rs.19,48,800/-

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10. The Tribunal has awarded only loss of love and affection in a sum of Rs.10,000/-. The Tribunal has not awarded consortium. Claimants are mother and brother of the deceased and therefore, they are entitled to to consortium of Rs.40,000/- with escalation of 10%. Therefore, claimants are entitled to consortium in a sum of

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HC-KAR

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Rs.44,000/- x 2 =Rs.88,000/-. The Tribunal has not

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awarded loss of the estate. The claimants are entitled to loss of estate Rs. 15,000/- with escalation 10% which comes to Rs.16,500/-. The Tribunal has awarded Rs.25,000/- towards funeral expenses. Claimant are entitled to funeral expenses at Rs.15,000/- with escalation 10% i.e., Rs.16,500/-. In view of the above, claimants are entitled to compensation as under:

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	Head of Compensation	Amount in Rs.
1	Loss of Dependency	Rs. 19,48,800-00
2	Consortium	Rs. 88,000-00
3	Funeralexpenses	Rs. 16,500-00
4	Loss of estate	Rs.16,500/-
	Total Compensation	Rs.20,69,800-00

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11. The claimants are entitled to total compensation

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of Rs.20,69,800/- with interest at the rate of 6% per annum. The claimants are entitled to enhanced compensation of Rs.6,42,800/- (Rs.20,69,800/- minus RS.14,27,000/-) with interest at the rate of 6% per annum from the date of petition till reliasation. In view of the above, the following

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NC: 2026:KHC:28457 MFA No. 8394 of 2023

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HC-KAR

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ORDER

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i) The appeal is allowed in part.

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ii) Appellants/claimants are entitled to enhanced compensation of Rs.6,42,800/(Rs.20,69,800/minus RS.14,27,000/-) with interest at the rate of 6% per annum from the date of petition till reliasation.

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iii) Respondent No.2 –insurer shall deposit the enhanced compensation of Rs.6,42,800/with interest at the rate of 6% per annum from the date of petition till reliasation.

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iv) Share of compensation among claimants as ordered by Tribunal is remained unaltered.

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v) Claimants are entitled to release of enhanced amount of compensation as per their share.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 1 Sl No.: 37

Sakamma v. Gurujaru G M

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Sakamma v. Gurujaru G M

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