Karnataka High Court
Mrs Hilda Dias vs Mr Charan Raj Shetty on 21 November, 2022
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 6976 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 6976 OF 2018 (MV-D)
BETWEEN:
1. MRS. HILDA DIAS
W/O LATE RONALD ROCHA,
AGED 54 YEARS,
2. MR REGINALD ROSHAN ROCHE
S/O LATE RONALD ROCHA,
AGED ABOUT 26 YEARS,
3. MR ROLWISH RINAL ROCHE
Digitally S/O LATE RONALD ROCHA @ ANTHONY GILBERT
signed by
PAVITHRA B RONALD ROCH,
Location: High
Court of
Karnataka 4. MRS ELIZA ROCHE
W/O BENEDICT ROCHE,
AGED ABOUT 78 YEARS,
ALL ARE RESIDING AT H.NO.5-60/3,
CIRLA PADPU, NEAR DURGAPARAMESHWARI
TEMPLE, KULSHEKARA, KULSHEKARA POST,
MANGALORE TALUK, D.K.DISTRICT-575008
...APPELLANTS
(BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)
AND:
1. MR CHARAN RAJ SHETTY
S/O JAYARAM SHETTY,
ADULT,
R/AT 01-236,
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MFA No. 6976 of 2018
PATANA,
THALAPADY BLOCK NO.1,
MANGALORE TALUK, D.K.DISTRICT-575007
2. THE BRANCH MANAGER
THE ORIENTAL INSURANCE CO LTD.,
SATHISH COMPLEX, GROUND FLOOR,
OPP: GOVINDADAS COLLEGE,
BEHIND SBI, SURATHKAL,
MANGALORE TALUK, D.K.DISTRICT-575012
...RESPONDENTS
(BY SRI. S.Y. SHIVALLI, ADVOCATE FOR R2, R1 SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02/04/2018, PASSED IN MVC
NO.1257/2015, ON THE FILE OF THE I ADDITIONAL DISTRICT
& SESSIONS JUDGE AND II ADDITIONAL MACT, MANGALURU,
D.K., PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section-173(1) of the Motor Vehicles Act 1988 (hereinafter referred to as 'MV Act' for brevity) by the appellant-claimant, calling in question the judgment and award dated 02.04.2018, passed in M.V.C.No.1257/2015, on the file of the 1st Additional District Judge & IInd Additional Motor Accident Claims -3- MFA No. 6976 of 2018 Tribunal, Mangaluru, (hereinafter referred to as 'the Tribunal' for brevity) seeking enhancement of the compensation.
Brief facts:
On 23.05.2015 at about 9.45 a.m., Ronald Rocha @ Anthony Gilbert Ronald Roch was proceeding in his motor cycle bearing registration No.KA.21/H.607 from Balmatta side towards Hampankatta, by riding his vehicle slowly and cautiously by observing all traffic rules. When he reached near Venu International Hotel Balmatta Road Mangalore taluk as bus bearing registration No.KA.19/AD.6669 came from hind side with high speed in rash and negligent manner and hit the motor cycle. Due to the impact of the said accident Ronald Rocha @ Anthony Gilbert Ronald Roch was thrown out to the road and sustained grievous injuries all over his body. Immediately after the accident he was shifted to Government Wenlock Hospital Mangalore for first aid and therefore he was -4- MFA No. 6976 of 2018 shifted to Fr.Muller Hospital Mangalore. Due to the severe injuries suffered in the accident, Ronald Rocha @ Anthony Gilbert Ronald Roch succumbed to the injuries on the said day night inspite of expert treatment.
3. Hence, a claim petition was filed by the appellant-
claimant under Section-166 of the M.V. Act, claiming compensation for the death of the deceased in the road in the accident. The Tribunal on appreciating the materials on record, allowed the claim petition in part, and awarded a compensation of Rs.3,31,900/-, along with interest at 8% per annum from the date of petition till the date of realisation. The Tribunal held respondent Nos.1 and 2 therein, liable to pay the compensation.
4. Heard arguments of the learned counsel for the appellant-claimant and the learned counsel for respondent No.2 - insurance company and perused the materials on record.
-5-MFA No. 6976 of 2018
5. The compensation awarded by the Tribunal is as follows:
Loss of Dependency : Rs. 10,56,000/-
Loss of Consortium : Rs. 40,000/-
Loss of Estate : Rs. 15,000/-
Funeral Expenses : Rs. 15,000/-
TOTAL : Rs. 11,26,000/-
6. In the present case, the deceased was 51 years and was working as a furniture contractor and earning a salary of Rs.30,000/- per month. However, in the absence of any evidence, the Tribunal has taken the income of the deceased at Rs.12,000/- per month, which is appropriate. The Tribunal has committed error in not adding 10% of the income towards 'Loss of Future Prospects in Life' as per the judgment of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. Vs. -6- MFA No. 6976 of 2018 Pranay Sethi1 and therefore the same is added and 1/3rd of income is to be deducted towards 'Living And Personal Expenses'. The appropriate multiplier applicable as per the judgment of the Hon'ble Supreme Court, in the case of Smt.Sarla Verma & Others. Vs. Delhi Transport Corpn And Another2 is '11'. Therefore, the compensation under the head 'Loss Of Dependency along with Loss of Future Prospects in Life' is recalculated and quantified as follows:
Rs.12,000/- + 1,200 (10% of 12,000) x 2/3 x 11 x 12 = Rs.11,61,600/-
7. The Tribunal has committed error in awarding compensation 'Loss Of Consortium and Love And Affection' at Rs.20,000/-, which is on the lesser side.
Therefore, as per the judgment of the Hon'ble Apex Court in the cases of Magma General Insurance Co. Limited 1 (2017) 16 SCC 680, 2 AIR 2009 SC 3104 -7- MFA No. 6976 of 2018 v. Nanu Ram & Others3 and National Insurance Co. Ltd. Vs. Pranay Sethi4, the claimants are four in number and they are entitled to a sum of Rs.40,000/- each under the head 'Loss Of Consortium along with Loss of Love and Affection'. Accordingly, Rs.1,60,000/- (Rs.40,000 x
4) is awarded under the head 'Loss Of Consortium including Loss Of Love And Affection'.
8. The compensation awarded by the Tribunal awarded under the other heads, are appropriate and the same is kept in tact.
9. Thus, in all the appellants/claimants are entitled for enhanced compensation as follows:
Loss of Dependency : Rs. 11,61,600/-
(12,000 + 1,200 (10% of 12,000) x 2/3 x 11 x 12) Loss of Consortium : Rs. 1,60,000/- (Rs.40,000 x 4) 3 2018 ACJ 2782 4 (2017) 16 SCC 680 -8- MFA No. 6976 of 2018 Loss of Estate : Rs. 15,000/- Kept in tact Funeral Expenses : Rs. 15,000/- Kept in tact TOTAL : Rs. 13,51,600/-
10. Therefore, the appellants-claimants are entitled for compensation of Rs.13,51,600/- as against Rs.11,26,000/-. The appellants - claimants are entitled for an additional compensation of Rs.2,25,600/-
(Rs.13,51,600 - Rs.11,26,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. The Respondent - Insurance Company is directed to deposit the amount of total compensation within Eight Weeks from the date of receipt of the certified copy of this judgment.
11. Accordingly, I pass the following:
ORDER i. The appeal is allowed in part.-9-
MFA No. 6976 of 2018 ii. The impugned judgment and award 02.04.2018, passed in M.V.C.No.1257/2015, on the file of the 1st Additional District Judge & IInd Additional Motor Accident Claims Tribunal, Mangaluru, is modified to the aforesaid extent.
iii. The appellants - claimants are entitled for an additional compensation of Rs.2,25,600/- (Rs.13,51,600 - Rs.11,26,000) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal, in addition to what has been awarded by the Tribunal.
iv. Respondent No.2 - insurance company shall
pay the compensation to the
appellants/claimants.
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MFA No. 6976 of 2018
v. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.
vi. Draw award accordingly.
vii. No order as to costs.
Sd/-
JUDGE
JJ
List No.: 1 Sl No.: 37