Karnataka High Court
Smt. D Jagadamba vs Sri. Thavasu Alagu V on 3 April, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:14286-DB
MFA No. 7596 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2025
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
MISCELLANEOUS FIRST APPEAL NO. 7596 OF 2018 (MV-D)
BETWEEN:
1. SMT. D JAGADAMBA
W/O LATE D RAJANNA
AGED ABOUT 39 YEARS
2. KUM TEJASREE D.,
D/O LATE D RAJANNA
AGED ABOUT 10 YEARS
SINCE APPELLANT NO.2
IS MINOR REP. BY
GUARDIAN MOTHER, APPELLANT NO.1
Digitally signed
by SUMA B N BOTH ARE R/AT 2-3-3,
Location: HIGH PANCHALINGALA KOTHUR
COURT OF
KARNATAKA (P L KOTHUR) CHOWDEPALLI
CHITTOR DISTRICT -517 257
A.P.STATE.
...APPELLANTS
(BY SRI. PRUTHVIRAJ N M.,ADVOCATE)
AND:
1. SRI. THAVASU ALAGU V
S/O VELLAISWAMY
AGED MAJOR
R/AT # 51/28,
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NC: 2025:KHC:14286-DB
MFA No. 7596 of 2018
MADHURAI-TIRACHI ROAD,
MELUR MADHURAI
TAMIL NADU-625 106.
2. THE NEW INDIA ASSURANCE CO LTD.,
OFFICE AT # 6, H-5, 2ND FLOOR
MADHURAI TIRACHI ROAD
MELUR MADHURAI
TAMIL NADU -625106
ALSO AT REGIONAL OFFICE,
# 2-B, UNITY BUILDING ANNEXE,
P.KALINGARAO ROAD
BANGALORE-27.
3. S.R.K.T & CO
REP BY ITS MANAGING PARTNER
OFF/AT # 58, H. SIDDAIAH ROAD
BANGALORE-27.
4. ICICI LAMBARD GENERAL INSURANCE CO LTD
OFFICE AT # 121, 9TH FLOOR,
THE ESTATE, DICKENSON ROAD,
F M CARIYAPPA COLONY
SIVANCHETTI GARDEN
BENGALURU.
5. SMT. D VENKATAMMA
W/O LATE GANGULAPPA
AGED ABOUT 92 YEARS
R/AT NO.2-3, PANCHALINGALA
KOTHUR VILLAGE,
H/O CHINTHAMAKULAPALLI,
CHOWDEPATE MANDALAM
CHITTOR DIST
ANDHRA PRADESH - 517 257.
...RESPONDENTS
(BY SMT. MANJULA N. TEJASWI.,ADVOCATE FOR R2;
SRI. RAGHAVENDRA K., ADVOCATE FOR R3;
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NC: 2025:KHC:14286-DB
MFA No. 7596 of 2018
SRI. P.S. JAGADISH., ADVOCATE FOR R4;
R1 & R5 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.03.2018 PASSED IN MVC
NO.2685/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE
JUDGE, XLI ACMM, MACT, BENGALURU (SCCH-17), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
and
HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE M.G.S. KAMAL) This appeal under Section 173(1) of the Motor Vehicle Act, 1988 by the claimants/appellants herein aggrieved by the judgment and award dated 06.03.2018 passed in M.V.C.No.2685/2016 by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal') seeking enhancement of the compensation.
2. Brief facts of the case leading upto filing of the present appeal are;
(a). That on 26.04.2015, at about 4:30 a.m., when the deceased Rajanna was driving Eicher lorry bearing registration -4- NC: 2025:KHC:14286-DB MFA No. 7596 of 2018 No.KA-01-A-5145, heading towards Bangalore from Chennai near Shoolagiri - Krishnagiri, Hosur main road, lorry bearing registration No.TN-59-AX-3178 loaded with granite, which was proceeding on the right side of the Eicher lorry driven by the deceased suddenly took left turn in order to enter into Indo- star Granite Company, without giving any signal or indication in a negligent manner causing the accident by dashing front portion of the Eicher lorry. Due to impact the deceased who was driving the lorry and another two inmates died on the spot.
(b). Thereupon, a case was registered before the jurisdictional Police against the driver of offending lorry belonging to the respondent No.1, insured with respondent No.2. Claimants filed claim petition contending that they are the wife and minor daughter of the deceased Rajanna. Deceased was aged 55 years at the time of accident and was earning Rs.9,050/- per month and also Rs.1,085/- as bonus every month. That untimely death of the deceased caused on account of rash and negligent driving of the offending lorry by its driver causing untimely death has resulted in financial and emotional distress to the claimants. Hence sought for compensation in a sum of Rs.25,00,000/-. -5-
NC: 2025:KHC:14286-DB MFA No. 7596 of 2018
3. Upon service of notice, respondent Nos.1 and 3 were placed ex-parte. Respondent Nos.2 and 4 represented through their respective counsel. Mother of the deceased got herself impleaded. Respondent Nos.2 and 4 filed separate statement of objections resisting the claim petition denying the petition averments. Mode and manner of accidents is also denied. The deceased who was driving the Eicher lorry had violated the traffic rules by carrying persons in the cabin and was driving the said lorry without holding a valid driving licence. As such, the accident had taken place on account of his negligence. Age and avocation of the deceased was also denied. Respondent No.4 in the statement of objections contented that the accident had occurred due to the negligence of the driver of the offending lorry. That the jurisdictional Police after due investigation had filed the charge sheet against the driver the said lorry. That if the Tribunal grants any compensation, the same is liable to be paid by the respondent No.2-Insurance company.
4. Based on the pleading, the Tribunal framed the following issues:
''1. Whether petitioners prove that on 26.04.15 at about 4.30 a.m. when the deceased was driving Eicher -6- NC: 2025:KHC:14286-DB MFA No. 7596 of 2018 Lorry bearing No.KA-01-A-5145 along with other inmates in the cabin on Krishnagiri to Hosur N.H Road, opposite to Indo-Star Granite Co. Ltd, near Shoolagiri met with an accident, sustained injuries and succumbs to same due to actionable negligence on the part of driver of Lorry bearing No. TN-59-AX-
3178 as alleged?
2. Whether petitioners are entitled for compensation? If so, at what rate and from whom?
3. What order or award?''
5. Claimant No.1-Wife of the deceased got examined herself as PW.1 and exhibited 14 documents which are marked as Ex.P1 to Ex.P14. One Jithin Kumar K.G. has been examined on behalf of respondent No.4 as RW.1 and exhibited one document, which is marked as Ex.R1.
6. Upon appreciation of the evidence, the Tribunal has held that the accident in question resulting in death of the deceased had occurred on account of rash and negligent driving on the part of the driver of the lorry bearing registration No. TN-59-AX-3178 and taking the notional income of the deceased at Rs.8,000/- per month, adding 10% future prospects thereon, by deducting 1/3rd of the monthly income towards the living and personal expenses and applying multiplier of 11 the Tribunal has awarded a sum of Rs.7,74,444/- towards loss of dependency. The Tribunal has also awarded Rs.40,000/- -7-
NC: 2025:KHC:14286-DB MFA No. 7596 of 2018 towards loss of consortium and Rs.15,000/- each towards the loss of estate and funeral expenses. Thus, in total the Tribunal has awarded Rs.8,44,444/- at 7.5% interest per annum.
7. Being aggrieved by the aforesaid judgment and award, the claimants/appellants are before this Court seeking enhancement of compensation.
8. Learned counsel for the claimants/appellants herein reiterating the grounds urged in the memorandum of appeal submits that the Tribunal erred in assessing the income of the deceased at Rs.8,000/- per month, while they had produced the documents with regard to his salary as per Ex.P9, which was Rs.10,135/- per month, with bata of Rs.250 per day. That the deceased was aged 55 years, the Tribunal ought to have applied the multiplier of '13', instead has applied multiplier of '11'. The tribunal has not adequately awarded the future prospects as well as the compensation under the conventional heads. Hence, seeks for allowing of the petition.
9. Learned counsel for the respondent-Insurance Company submits that the award granted by the Tribunal is just and proper warranting no interference. -8-
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10. Heard and perused the records.
11. Accident in question resulting in the death of the deceased Rajanna, is not in dispute. The only point that requires consideration is regarding quantification of the compensation payable to the claimants.
12. Though the claimants have claimed that the deceased was earning Rs.10,135/-, plus bata of Rs.250/- per day, no documentary evidence is produced except producing Ex.P9- Salary certificate. However as rightly taken note of by the Tribunal the author of the said document has not been examined. In the absence of any documentary evidence, the chart prepared by the Karnataka State Legal Services Authority needs to be taken into consideration. Since accident is of the year 2015, the notional income of the deceased is determined as Rs.9,000/- p.m.
13. As per the judgment of the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others1 since the deceased was aged about 55 years, 10% of income is to be added towards future prospects. Thus, 1 AIR 2017 SC 5157 -9- NC: 2025:KHC:14286-DB MFA No. 7596 of 2018 the total income of the deceased per month would be Rs.9,900/-(Rs.9,000 X 10%= Rs.900+Rs.9,000=Rs.9,900).
14. The deceased has left behind 3 dependents, as such 1/3rd of his income is required to be deducted towards personal and living expenses. (Rs.9,900X2/3=6,600)
15. Age of the deceased being 55 years, multiplier 11 is applied. Therefore, loss of dependency would be (Rs.6,600X 12X11=Rs.8,71,200 /-.
16. The Tribunal has awarded only Rs.40,000/- towards loss of consortium to the claimant No.1. In terms of the law laid down by the Apex Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram 2 and as clarified by the judgment in the case of United Insurance Company Ltd., Satinder Kaur @ Satwinder Kaur and others3, the claimant No.1 being the wife is entitled for loss of spousal consortium of Rs.40,000/-, claimant No.2 being the daughter is entitled for parental consortium of Rs.40,000/- and the respondent No.5 being the mother of the deceased is entitled for filial consortium of Rs.40,000/-.
2 2018 (18) SCC 130 3 AIR 2020 SC 3076
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NC: 2025:KHC:14286-DB MFA No. 7596 of 2018
17. In addition they are also entitled for Rs.15,000/- + Rs.15,000/- towards loss of estate and funeral expenses.
18. The claim having been made in the year 2016 and an award having been made in the year 2018, amount awarded under the conventional heads is required to be revised at 10% for every block of three years. Since three blocks of three years have been completed, the compensation towards consortium, loss of estate and funeral and transportation expenses shall be escalated by 30%. Thus, appellants/claimants are entitled for enhanced compensation, in a sum of Rs.10,66,200/-, as under:
Sl.No. Head Amount
1. Towards loss of dependency Rs.8,71,200
2. Towards loss of consortium
Rs.1,56,000
3 Towards loss of estate Rs.19,500
4 Towards funeral expenses Rs.19,500
Total Rs.10,66,200/-
Less awarded by the Tribunal Rs.8,44,444/-
Enhanced by Rs.2,21,756/-
19. As regards the rate of interest, the Tribunal has awarded interest at the rate of 7.5% p.a., the same is reduced to 6% p.a.
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20. For the aforesaid reasons, the appeals deserves to be allowed in part. Hence, the following:
ORDER
(i). The appeal is allowed in part.
(ii). The appellants and respondent No.5 together are entitled to enhanced compensation of `2,21,756/- with interest thereon at 6% p.a., from the date of petition till its realization.
(iii). Respondent No.2 - New India Assurance Company Limited shall deposit the said amount within four weeks from the date of receipt of the copy of this order.
(iv). On such deposit, the Tribunal shall digitally release the share of claimant No.1 and respondent No.5 on furnishing the required documents.
(v). If any proof of claimant No.2 attaining majority is produced, the amount shall be digitally released to her, otherwise the same shall be invested in her name in Fixed Deposit, in any nationalized/scheduled bank of the choice of her guardian, till she attains majority.
Sd/-
(K.S.MUDAGAL) JUDGE Sd/-
(M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 35