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MFA No. 156 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF APRIL, 2023

BEFORE
THE HON’BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 156 OF 2019 (MV-D)
BETWEEN:

1. SHANTHAKUMAR S/O YANNEGOWDA

AGED ABOUT 51 YEARS,

2. SOWMYA S/O SAHNTAKUMAR

AGED ABOUT 21 YEARS,

3. ASHWINI S.N. W/O SHANTHAKUMAR,

AGED ABOUT 30 YEARS,

ALL ARE R/AT THAMALAPURA VILLAGE,

SHANTHIGRAMA HOBLI, HASSAN TALUK,
HASSAN DISTRICT-573 201.
…APPELLANTS
(BY SRI. SHANATH KUMAR, ADVOCATE FOR
SRI. CHETHAN B., ADVOCATE)
AND:
Digitally
signed by
PANKAJA S 1. GIDDAMMA W/O THIMMEGOWDA
Location: AGED ABOUT....YEARS,
HIGH
COURT OF R/AT THAMALAPURA VILLAGE,
KARNATAKA
HASSAN TALUK, HASSAN DISTRICT-573201

2. THE MANAGER
TATA AIG INSURANCE CO., LTD.,
2ND STAGE, J P AND DEVI ARCADE,
NO.69, MILLER ROAD, BANGALORE-560001.
…RESPONDENTS
(BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R-2;
VIDE ORDER DATED:12.09.2022, NOTICE TO R-1 IS
DISPENSED WITH)
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MFA No. 156 of 2019

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED:11.12.2018
PASSED IN MVC NO.1632/2017 ON THE FILE OF THE III
ADDITIONAL DISTRICT JUDGE & MACT, HASSAN, 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

1. The appeal is filed seeking for enhancement of

compensation.

2. It is not in dispute that as a result of the motor

vehicle accident which occurred on 05.06.2017,

Sanjangowda, a 17 year old died.

3. It is not in dispute that the insurer is liable to pay the

compensation as the offending vehicle was insured.

4. The Tribunal, on assessment of the evidence adduced

before it, has come to the conclusion that the driver of the

offending vehicle was responsible for the accident which

has resulted in the death. The Tribunal has thereafter

proceeded to award Rs.5,14,000/- as compensation.

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MFA No. 156 of 2019

5. In order to arrive at the loss of dependency, the

Tribunal has determined the monthly income, notionally at

Rs.3,000/-. As there is no credible evidence to ascertain

the actual monthly income, it would be appropriate and

prudent to adopt the monthly income determined by

Karnataka State Legal Services Authority, which, for the

accident of the year 2017, would be Rs.11,000/-.

6. Since the deceased was aged 17 years, and was self-

employed, 40% requires to be added to the monthly

income towards future prospects, which would result in the

income to be Rs.15,400/-. If 50% is deducted towards

personal expenses, his monthly income for determining

loss of dependency would be Rs.7,700/-.

7. As the deceased was aged 17 years, a multiplier of

‘18’ would have to be applied. Consequently, the claimants

would be entitled to a sum of Rs.16,63,200/- (Rs.7,700/-

x 12 x ‘18’) towards ‘loss of dependency’.

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MFA No. 156 of 2019

8. The claimants being the parents and sister, they

would each be entitled to a sum of Rs.44,000/- towards

‘loss of consortium’ i.e., in all Rs.1,32,000./- and they

would also be entitled to a sum of Rs.33,000/- under

‘conventional heads’.

9. Thus, the claimants, in modification of the impugned

award, would be entitled to the following sums :

Sl. Particulars Award by Award by

No. Tribunal this Court
(Rs.) (Rs.)
1. Loss of dependency 5,04,000/- 16,63,200/-
2. Loss of consortium 5,000/- 1,32,000/-
3. Conventional heads 33,000/- 33,000/-
Total 5,14,000/- 18,28,200/-

10. Thus, the claimant is held entitled to the total

compensation of Rs.18,28,200/- as against Rs.5,14,000/-

awarded by the Tribunal, along with interest at the rate of

6% per annum from the date of petition till its realization.

11. The Insurance Company is directed to deposit the

amount of compensation awarded within two months from

the date of receipt of a certified copy of this judgment.

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MFA No. 156 of 2019

12. Upon deposit, the award of compensation is

disbursed to the claimants as per the terms of the Award

of the Tribunal.

13. Upon deposit, Rs.5,00,000/- each is ordered to be

invested in fixed deposit in the name of claimants in any

Nationalised or Scheduled Bank of their choice for a period

of five years and renewable for another three years with

liberty to withdraw the interest accrued thereon

periodically. After maturity, the Bank shall release the

amount in favour of claimants without any further

proceedings. The remaining amount shall be released in

favour of claimants equally through account payee cheque

after proper identification.

The appeal is accordingly allowed in part.

Sd/-
JUDGE

HNM
List No.: 1 Sl No.: 32