H Prema v. T Jagadeshwara Reddy

NC:(2026:KHC:17543( MFA(No.(8484(of(2012( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(27 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(8484(OF(2012((MV)( BETWEEN:(( (

1., H,PREMA, AGED,ABOUT,63,YEARS,, W/O,LATE,KN,HIRIYANNA,, ,

2., H,PRASANNAKUMAR, AGED,ABOUT,42,YEARS,,

S/O,LATE,KN,HIRIYANNA,, ,

3., H,VIJAYAKUMAR, AGED,ABOUT,39,YEARS,, S/O,LATE,KN,HIRIYANNA,, ,

4., RAJKUMAR, AGED,ABOUT,37,YEARS,, S/O,LATE,KN,HIRIYANNA,, ,

5., H,PRAVEEN,KUMAR, AGED,ABOUT,29,YEARS,, S/O,LATE,K,N,HIRIYANNA,, , Digitally All,ARE,RESIDING,AT,S.L.N,OUT,HOUSE,, signedtiby KUNIGAL,ROAD,TUMKUR,, NIRMALA TUMKUR,DISTRICT., DEVI , APPELLANTS,Location: (BY,SRI.RAJU,BHAT.,ADVOCATE),HIGH0COURT , OF AND:( KARNATAKA (

1., T,JAGADESHWARA,REDDY, AGED,ABOUT,54,YEARS,, S/O,N,REDDY,C/O,RAMI,REDDY,, 2ND,MAIN,7TH,CROSS,, BANGALORE,AIRPORT,, BANGALORE,-,560074., ,

2., THE,ORIENTAL,INSURANCE,CO,LTD,, NO,7,UTHAMAR,GANDHI,SALARI,,

2ND FLOOR,ROSY TOWERS, NAGUMBAKKAM,CHENNAI-01, TAMILNADU.

RESPONDENTS (BY SRI.P.B. RAJU.,ADVOCATE FOR R2; V/O DTD 15.06.2022 NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.5.2012 PASSED IN MVC NO.732/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK-1, ADDITIONAL MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

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

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

The above appeal is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated

30.05.2012 passed in MVC.No.732/2007 by the learned Fast Track-I and Additional M.A.C.T, Tumkur2, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,76,000/- together with interest at 6% per annum. Being aggrieved by the same, the present appeal is filed by the claimants seeking for enhancement of compensation.

1 Hereinafter referred to as 'Act of 1988' 2 Hereinafter referred to as 'Tribunal'

¶2The findings of the Tribunal on negligence and liability are not under challenge and the same have attained finality. Hence, the only question that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

¶3The deceased was aged 20 years as on date of the accident i.e. as on 17.05.2006. The deceased was studying Computer Science Engineering at the time of his death. The Tribunal has assessed the notional income of deceased at ₹3,000 per month. Having regard to the date of the accident, the notional income of the deceased is re-assessed as ₹4,000/- per month.

¶440% is to be added towards future prospects and 50% is to be deducted towards personal expenses, since the deceased was a bachelor. Accordingly, the loss of dependency is re-assessed as (4,000 + 40%)=₹5,600 - 50% X 12 X 18 =₹6,04,800/-.

¶5Tribunal has awarded a sum of ₹25,000/- towards medical expenses which is just and proper.

¶6Claimant No.1 is the mother, who is entitled to loss of consortium in terms of judgment of the Hon'ble Supreme

Court in the case of Magma General Insurance Company V/S Nanu Ram Alias Chubru Ram And Ors3, in a sum of ₹40,000/-.

¶7₹15,000/- each is to be awarded towards funeral expenses and loss of estate. The compensation under conventional heads is modified accordingly.

¶8Accordingly, the total compensation under various heads is re-assessed as follows: Sl. Heads Amount awarded by the Tribunal (`.) Amount awarded by this Court (`.)

¶1Loss of dependency

00.00 604800.00

¶2Medical expenses 25000.00 25000.00

¶3Loss of consortium 20000.00 40000.00

¶4Loss of estate 216000.00 15000.00 Funeral expenses 15000.00 15000.00

Total 276000.00 699800.00

¶9Hence, the claimant is entitled for enhanced compensation of (`6,99,800/- – `2,76,000/-) `4,23,800/- which is rounded off to `4,24,000/-.

¶10In the result, the following: ORDER

i) The appeal is allowed in part;

3 (2018) 18 SCC 130

ii) The judgment and award dated 30.05.2012 passed in MVC.No.732/2007 by the learned Fast Track-I and Additional M.A.C.T, Tumkur, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The appellant/claimants are entitled for enhanced compensation of `4,24,000/- with interest at the rate of 6% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal;

iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks;

v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed digitally to the claimants in terms of the judgment and award of the Tribunal;

vi) The Registry to draw the modified award accordingly. No costs.

Sd/- (C.M. POONACHA) JUDGE

PNV - List No.: 1 Sl No.: 36