THE MANAGER vs PARVATHAMMA
- Court
- Karnataka High Court
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
MISCELLANEOUS FIRST APPEAL NO. 2652 OF 2015 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3268 OF 2015 (MV-D)
MFA No. 2652/2015
BETWEEN:
1. PARVATHAMMA
W/O LATE SOMASHEKARAIAH
AGED ABOUT 48 YEARS
2. SIDDARAMAIAH
S/O LATE SOMASHEKARAIAH
AGED ABOUT 28 YEARS
ALL ARE RESIDING AT
KAREKURCHI VILLAGE
HARENAHALLI MAJARE
NITTUR HOBLI, GUBBI TALUK
TUMKUR DIST-572 122
…APPELLANTS
(BY SRI: MUSHTAQ AHMED, ADVOCATE)
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
AND:
1. SURESH S
S/O SOMANNA
AGED ABOUT 31 YEARS
R/A GARDEN HOUSE
BHEEMASANDRA, KASABA HOBLI
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
TUMKUR TALUK
TUMKUR DIST.-572 123
2. THE ORIENTAL INSURANCE CO., LTD.,
ST
BRANCH OFFICE, 1 FLOOR
TGMC BUILDING, J.C. ROAD
TUMKUR-572 121
REP. BY ITS MANAGER
…RESPONDENTS
(BY SRI: VIJAYA PHANEENDRA T B, ADVOCATE FOR
SRI: A N KRISHNA SWAMY, ADVOCATE FOR R2;
VIDE ORDER DATED 31.05.2021, NOTICE TO
R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 12.12.2014
PASSED IN MVC NO.85/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, GUBBI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
MFA NO. 3268/2015
BETWEEN:
THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.
ST
BRANCH OFFICE, 1 FLOOR
TGMA BUILDING, J.D.ROAD
TUMKUR CITY-572 101
AND ALSO:
THE ORIENTAL INSURANCE CO. LTD.
44/46, LEO SHOPPING COMPLEX
RESIDENCY ROAD CROSS
BANGLAORE
BY ITS DIVISIONAL OFFICER
...APPELLANT
(BY SRI: VIJAYA PHANEENDRA T B, ADVOCATE FOR
SRI: A N KRISHNA SWAMY, ADVOCATE)
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
AND:
1.
PARVATHAMMA
W/O LATE SOMASHEKARAIAH
AGED ABOUT 47 YEARS
2. SIDDARAMAIAH
S/O LATE SOMASHEKARAIAH
AGED ABOUT 27 YEARS
BOTH ARE RESIDING AT
KAREKURCHI VILLAGE
HARENAHALLI MAJARE
NITTURU HOBLI, GUBBI TALUK
TUMKUR DISTRICT-572 101
3. SURESH S
S/O SOMANNA
AGED ABOUT 30 YEARS
RESIDING AT GARDEN HOUSE
BEEMASANDRA, KASABA HOBLI
TUMKUR TALUK-572 101
...RESPONDENTS
(BY SRI: MUSHTAQ AHMED, ADVOCATE FOR R1 & R2;
R3 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 12.12.2014
PASSED IN MVC NO.85/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MEMBER, ADDITIONAL MACT-17, GUBBI,
AWARDING A COMPENSATION OF RS.5,64,000/- WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL
REALIZATION ON THE SAID AMOUNT.
THESE MFAs, HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 25.09.2026 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY,
T.P.VIVEKANANDA J., PRONOUNCED THE FOLLOWING:
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.P.VIVEKANANDA
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA)
MFA No.2652 of 2015 is filed by the claimants being not
satisfied with the compensation awarded in MVC No.85 of 2012
dated 12.12.2014 passed by the Senior Civil Judge and
Additional MACT-17, at Gubbi, whereby, the Tribunal has
awarded compensation of Rs.5,64,000/- to the claimants being
the wife and son of the deceased Somashekaraiah, who died in
the road traffic accident.
2. MFA No.3268 of 2015 is filed by the insurer
challenging the very same impugned judgment and award
contending that the compensation awarded by the Tribunal is
on the higher side.
3. From a reading of the impugned judgment and
award and the grounds urged in the appeal filed by the insurer,
it is clear that the occurrence of accident and the liability of the
insurer is admitted. Therefore, the only question that arise for
consideration is as to - “Whether the compensation awarded by
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
the Tribunal is just and proper, or excessive or in the
alternative requires enhancement?”.
4. The accident is of the year 2011. The age of the
deceased was 48 years. It is contented that the deceased was
the driver and earning Rs.15,000/- per month. The Tribunal has
considered the notional income of Rs.3,000/- per month, since
no evidence was produced to show the income of the deceased.
rd
Considering the fact that there were two claimants, 1/3 of the
notional income was deducted.
5. The contention of the insurer is that as on the date
of accident itself, claimant No.2 was major and aged more than
22 years and therefore, he cannot be considered as a
rd
dependent and thus, the deduction of 1/3 towards personal
expenses is erroneous and 50% should have been deducted
towards personal expenses.
6. It is the submission of learned counsel for the
claimants that even in the absence of the proof of income,
considering the year of accident, the Tribunal ought to have
taken the notional income at Rs.6,500/- and added future
prospects of 25%. It is also the submission of learned counsel
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
that the Tribunal has grossly erred in awarding only a sum of
Rs.
30,000/- towards love and affection.
7. On hearing the learned counsel for the claimants,
so also, the insurer and on perusal of the impugned judgment
and award and also on appreciation of the records of the
Tribunal, we are of the opinion that there is a necessity of
re-assessment of the compensation under each of the heads.
Accordingly, we re-assess the compensation payable to the
claimants as follows:
8. The income of the deceased is considered notionally
Rs.
at 6,500/- per month in view of the year of accident being
2011 and we are inclined to add the future prospects of 25%
taking note of the fact that the deceased was a car driver.
Though no evidence was produced, it cannot be ruled out that
the deceased who was aged 48 years, would have undertaken
some kind of self-employment in order to look after his family.
Therefore, the loss of dependency is calculated at
Rs.6,82,500/- (6500 + 1625 (25%) x 12 x 14 x ½).
9. We are also of the opinion that the grant of
compensation for loss of love and affection at Rs.30,000/- is
too lesser, inasmuch as, even assuming that claimant No.2 -
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
the son of the deceased was major at the time of accident,
however, he has lost the love and affection and guidance of his
father at the prime age. Therefore, the claimants are entitled
Rs.
for additional compensation of 40,000/- for loss of love and
affection. The award of compensation for funeral expenses and
transportation is just and proper. It requires no interference.
10. Accordingly, the re-assessed compensation is as
follows:
Sl. Particulars of heads MACT Award Re-assessed
No. (Rs.) compensation
(Rs.)
1 Loss of dependency 5,04,000/- 6,82,500/-
2 Loss of love and 30,000/- 40,000/- +
affection 30,000/-
3 Transportation charges 5,000/- 5,000/-
4 Funeral and obsequies 25,000/- 25,000/-
Total 5,64,000/- 7,82,500/-
The total re-assessed compensation, to which the
appellants are entitled is Rs.7,82,500/-.
11. Since we have enhanced the compensation from
Rs.5,64,000/- to Rs.7,82,500/- in the appeal filed by the
claimants, as a result of which, the appeal filed by the insurer
must necessarily fail.
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
12. In the result,
(i) MFA No.2652 of 2025 filed by the claimants is
allowed in part.
(ii) MFA No.3268 of 2015 filed by the insurer is
dismissed.
(iii) The judgment and award dated 12.12.2014 in MVC
No.85 of 2012 passed by the Senior Civil Judge and Additional
MACT-17 at Gubbi, is modified entitling the
appellants/claimants for re-assessed compensation of
Rs.7,82,500/- as against the compensation already granted
by the Tribunal in a sum of Rs.5,64,000/-.
(iv) The enhanced compensation shall carry interest at
6% per annum from the date of petition, till its realization.
(v) The insurer shall deposit the enhanced
compensation along with accrued interest within 8 weeks from
the date of receipt of copy of the certified copy of the
judgment.
(v) The statutory deposit of Rs.25,000/- alongwith
accrued interest be transmitted to the Tribunal for
disbursement.
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MFA No. 2652 of 2015
C/W MFA No. 3268 of 2015
Registry is directed to transmit the Trial Court records,
forthwith, along with the copy of this judgment, for needful
action.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(T.P.VIVEKANANDA)
JUDGE
BGN