Suramma v. Neelappa

JUDGMENT AND AWARD DATED:31.07.2023 PASSED IN MVC NO.205/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, V MACT, DAVANAGERE, SITTING AT JAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT This appeal by claimant No.1 seeking enhancement of compensation, arising out of Judgment and Award dated

31.07.2023 passed by the I Addl. Senior Civil Judge and Member, V MACT, Davanagere, sitting at Jagalur1, in MVC No.205/2020.

1 'the Tribunal', for short

¶2Unfortunately, claimant No.2 Borappa S/o.Dasappa – father of deceased Obalesha, died during the pendency of the claim petition, before the Tribunal on

07.05.2023. However, the fact remains that he was alive at the time of filing of the claim petition.

¶3Heard, Sri.R.Shashidhara, learned counsel appearing for the claimant, Sri.B.C.Shivanne Gowda, learned counsel appearing for respondent No.3 - Insurer and Sri.B.Pradeep, learned counsel appearing for respondent No.5 - Insurer.

¶4Sri.R.Shashidhara, learned counsel appearing for the claimant on short point submits that the Tribunal has deducted the personal expenses twice, which is not permissible in law. He also submits that the Tribunal though awarded compensation under the head 'loss of consortium', erred in awarding the same only to mother. The Tribunal ought to have awarded parental consortium

to the father who was alive at the time of filing of the petition.

¶5These contentions though opposed, but not seriously disputed by both counsel appearing for the Insurers respectively.

¶6A perusal of the Judgment and award passed by the Tribunal clearly depicts that, the Tribunal has deducted personal expenses twice, which is not permissible in law and also erred in not awarding parental consortium to the father, who was alive at the time of filing of the claim petition. Further, in view of law laid down by the Hon'ble Supreme Court, the claimant is also entitled for 10% escalation on the compensation awarded under conventional heads, for every completed three years since 2017. In the present case, the accident occurred in the year 2019. Hence, the claimant is entitled for 20% escalation on conventional heads. Accordingly, this Court

proceeds to re-assess the compensation, which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of Dependency 9,07,200-00 21,16,800-00 (14,000+40%x12x18x50%)

¶2Loss of estate 15,000-00 15,000-00

¶3Loss of consortium 30,000-00 80,000-00 (40,000x2)

¶4Funeral expenses 25,000-00 15,000-00

¶5Love and affection 15,000-00 -

¶610% escalation on conventional heads for every completed three years. - 22,000

TOTAL Rs.9,92,200-00 Rs.22,48,800-00

¶7The claimant is entitled for enhanced compensation of Rs.12,56,600/- rounded off to Rs.12,57,000/- (22,48,800 – 9,92,200), which shall carry interest @ 6% per annum from the date of petition till realization.

¶8For the foregoing reasons, this Court proceeds to pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The Judgment and Award dated

31.07.2023 passed by Tribunal in M.V.C.No.205/2020 is modified and the compensation is reassessed.

(iii) Claimant No.1 is entitled for enhanced compensation of Rs.12,57,000/- with interest @ 6% per annum from the date of petition till realization.

(iv) Respondent Nos.3 and 5 – Insurer shall deposit the enhanced compensation along with interest supra equally before the concerned Tribunal, within six weeks from the date of receipt of certified copy of this order.

(v) Upon deposit, 50% shall be released in favor of the claimant No.1 Smt.Suramma on proper identification and balance 50% shall be deposited in any interest bearing

FDR with any nationalized Bank for a period of five years.

(vi) The Bank shall not permit any loan without an order by the Tribunal/ Court.

(vii) The Trial Court Record secured if any, shall be transmitted forthwith to the concerned Tribunal.

(viii) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

TKN List No.: 1 Sl No.: 27 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:43107( MFA(No.(8235(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010621452023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(13 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.8235(OF(2023(MV-D)( BETWEEN:(( ( SURAMMA,, W/O,LATE,BORAPPA,, AGED,ABOUT,61,YEARS,,, HOUSEHOLD,WORK,, R/O,JAMMAPURA,VILLAGE,, JAGALUR,TALUK,–,577,528., DAVANAGERE,DISTRICT., …APPELLANT, (BY,SRI.,R.,SHASHIDHARA.,,ADVOCATE), AND:( ( 1., NEELAPPA,, Digitally signedtiby S/O,MALLAPPA,, REKHA0R AGED,ABOUT,55,YEARS,,, Location: High0Courttiof DRIVER,OF,TRAILER,, Karnataka BEARING,NO,KA-17/TD-5840, AND,KA-17/T-8660,, R/O,THORANAGATTE,VILLAGE,, JAGALUR,TALUK,–,577,528., DAVANAGERE,DISTRICT., , 2., RAMALINGAPPA,K,, S/O,KALLAPPA,, AGED,ABOUT,67,YEARS,,, OWNER,OF,TRACTOR, ((((((((((((HC-KAR, NC:(2026:KHC:43107( MFA(No.(8235(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010621452023( ( ( BEARING,NO.,KA-17/TD-5840,, R/O,JAMMAPURA,VILLAGE,, JAGALUR,TALUK,–,577,528., DAVANAGERE,DISTRICT., , 3., THE,LEGAL,MANAGER,, ICICI,LOMBARD,GENERAL,, INSURANCE,CO,LTD.,,, ABOVE,HERO,HONDA, NDSHOWROOM,,2 ,,FLOOR,, NEAR,BANNIGIDA,,GOKUL,ROAD,, HUBLI,–,580,030., , 4., JAYAMMA,, W/O,LATE,RAMAPPA,, AGED,ABOUT,78,YEARS,,, OWNER,OF,TRAILER,, BEARING,NO,KA-17/T-8660,, R/O,JAMMAPURA,VILLAGE,, JAGALUR,TALUK,–,577,528., DAVANAGERE,DISTRICT., , 5., THE,LEGAL,MANAGER,, IFFCO,TOKIO,GENERAL,, INSURANCE,LTD.,, LAWYER,ROAD,,, K.B.,EXTENSION,, DAVANAGERE,–,577,002., …RESPONDENTS, (BY,SRI.B.C.,SHIVANNE,GOWDA,,ADVOCATE,FOR,R3,, ,,,,,,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R5,, ,,,,,,VIDE,ORDER,DATED,05.01.2024,NOTICE,TO,R1,,R2, ,,,,,,AND,R4,ARE,DISPENSED,WITH), THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE