Smt Sakamma v. Melya Jayakumar Krishna Mohan

JUDGMENT ON

01.12.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

This appeal is by the appellant/claimant filed under Section 173(1) of Motor Vehicles Act, 1988 (in short 'MV Act') seeking for enhancement of compensation, challenging the judgment and award dated 02.11.2016 in MVC No.124/2015, passed by the Senior Civil Judge and JMFC, Motor Accident Claims Tribunal at Gowribidanur (for short, 'Tribunal').

¶2For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

¶3The brief facts of the case before the Tribunal are as under: On 11.01.2015, at about 2.00 p.m., deceased Narasimha Reddy was riding his bicycle slowly and cautiously on the left side of Mudugere-Kotaladinne road,

when he reached Kotaladinne Bridge, the rider of Yamaha Motor cycle bearing Reg.No.AP-02-AH-6513 came in a rash and negligent manner and dashed against the deceased. Due to the impact, deceased fell down and sustained severe injuries and he succumbed to the injuries while shifting to the Gowribidanur Government General Hospital. Hence, claimant filed claim petition under Section of the MV Act, seeking compensation of Rs.20,00,000/-.

¶4Upon service of notice, respondent has appeared through his counsel but has not filed any objections to the petition.

¶5On the basis of the pleadings, the Tribunal framed issues and recorded the evidence. The petitioner was examined as PW-1 and got marked documents at Exs.P1 to P-15. On the other hand, respondent was neither examined nor marked any documents.

¶6After hearing the parties and on perusal of the documents, the Tribunal has allowed the petition in part and awarded compensation of Rs.2,44,000/- with interest at the rate of 6% per annum from the date of petition till realization.

¶7Heard learned counsel appearing for the appellant and perused the material on record.

¶8Learned counsel for the appellant submits that the occurrence of accident and death of said Narasimha Reddy is not in dispute. Therefore, there is no need to reconsider the same. The contention of the claimant is that the Tribunal ought to have taken notional income as Rs.9,000/- per month following the chart prepared by the Karnataka State Legal Services Authority. But, it has taken income at Rs.3,000/- per month. Therefore, compensation under the head 'loss of dependency' may be re-calculated taking notional income as Rs.9,000/- per month as the accident is of the year 2015. He further submits that amount of compensation awarded under the conventional heads is on the lower side. It is also contended by him

that the Tribunal has failed to consider the law laid down by the Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram & Others reported in (2018) 18 SCC 130 and reiterated by the Division Bench of this Court in M.F.A.No.1100/2019 & connected matters disposed of on 12.06.2019 in awarding compensation towards 'loss of consortium'. He therefore prays this Court to allow the appeal and enhance the compensation by modifying the impugned judgment and award passed by the Tribunal.

¶9It is contended that the deceased was doing Agriculture, sheep business and milk vending business and was earning a sum of Rs.100/- per day. The accident has taken place in the year 2015 and as per the chart prepared by the Karnataka State Legal Services Authority, income of the deceased is taken at Rs.9,000/- per month. As the deceased was aged 79 years, the multiplier applicable is '5' and 1/3rd of his income has to be deducted towards personal expenses. Accordingly, as per National Insurance Company Limited vs. Pranay Sethi and

others reported in (2017) 16 SCC 680, 'loss of dependency' works out to Rs.3,60,000/- (9,000 x 12 x 5 x 2/3)

¶10The Tribunal has awarded compensation towards 'loss of consortium' to the appellant at Rs.1,00,000/- which is in excess. Hence, a sum of Rs.40,000/- is awarded towards loss of consortium.

¶11The Tribunal has erred in not awarding compensation under the head 'loss of estate' and a sum of Rs.15,000/- is awarded under this head and a sum of Rs.15,000/- is awarded towards 'transportation of dead body'.

¶12Thus, the total compensation re-determined by this Court under various heads are as follows:

¶1Loss of Dependency Rs. 3,60,000/-

¶2Loss of consortium Rs. 40,000/-

¶3Toward funeral expenses and transportation of dead body Rs. 15,000/-

¶4Loss of estate Rs. 15,000/-TOTAL Rs. 4,30,000/-

¶13The appellant – claimant is entitled for total compensation of Rs.4,30,000/- along with interest at the rate of 6% per annum.

¶14Accordingly, for the foregoing reasons, I proceed to pass the following: ORDER

i) The appeal is allowed-in-part;

ii) The judgment and award passed by the Tribunal in MVC.No.124/2015, dated

02.11.2016, passed by the Senior Civil Judge & JMFC, Motor Accident Claims Tribunal, at Gowribidanur is modified;

iii) The appellant – claimant is entitled for total compensation of Rs.4,30,000/- along with interest at the rate of 6% per annum from the date of filing of the petition till realization;

iv) The compensation amount along with accrued interest if any, shall be deposited by the

respondent within eight weeks from the date of receipt of copy of this Judgment.

v) No order as to costs.

Sd/- (DR.K.MANMADHA RAO) JUDGE

GSR/MH

( MFA(No.(4240(of(2017( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(19 (DAY(OF(DECEMBER,(2025( BEFORE( THE(HON'BLE(DR.(JUSTICE(K.MANMADHA(RAO( MISCELLANEOUS(FIRST(APPEAL(NO.4240(OF(2017((MV-D)( ( BETWEEN:(( ( SMT.,SAKAMMA, AGED,ABOUT,58,YEARS, W/O,LATE,NARASIMHA,REDDY,@,N.,NARASIMHAIAH, R/A,MUDUGERE,VILLAGE, HOSURU,HOBLI,,GOWRIBIDANUR,TALUK, CHICKBALLAPUR-561,208., …APPELLANT, , (BY,SRI.,NAGARAJA,REDDY,D.,,ADVOCATE), ( AND:( ( MELYA,JAYAKUMAR,KRISHNA,MOHAN,, MAJOR,, S/O,MELYA,JAYAKUMAR, R/A,NO.11-2-4,,OM,COLONY,, HINDUPUR,TOWN,,ANANTAPUR,DISTRICT., …RESPONDENT, , (V/O,DATED,6.1.2025,,NOTICE,TO,HELD,SUFFICIENT), , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 02.11.2016, PASSED, IN, MVC, NO.124/2015,,ON,THE,FILE,OF,THE,SENIOR,CIVIL,JUDGE,AND, J.M.F.C.,, GOWRIBIDANUR,, PARTLY, ALLOWING, THE, CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION., , THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR