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Judgment
This appeal is filed by appellants -claimants seeking enhancement of compensation awarded in judgment and award dated 06.11.2024 passed in MVC No.4152/2023 by VIII Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-5).
Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for respondent No.2 –insurer.
The appellants made a claim petition praying to award compensation for the death of G.K Shanthraju in a road traffic accident occurred on 15.01.2023 contending that the accident occurred due to rash and negligent driving of the driver of mini lorry bearing registration No.KA-56-0962. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Head of Compensation | Amount/Rs. |
|---|---|---|
| 1. | Loss of dependency | 25,73,460-00 |
| 2. | Loss of consortium(Petitioner No.1) | 20,000-00 |
| 3. | Loss of parental consortium (Rs.20,000/- each to Petitioner No.2 and 3) | 40,000-00 |
| 4. | Loss of filial consortium (Rs.20,000/- each to Petitioner No.4 and 5) | 40,000-00 |
| 5. | Loss of Estate | 15,000-00 |
| 6. | Funeral Expenses | 15,000-00 |
| 7. | Medical Expenses | 3,500-00 |
| Total | 27,06,960-00 |
The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.2 -insurer to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal.
Heard learned counsel for appellants and learned counsel for respondent No.2 –insurer.
The accident occurred on 15.01.2023. The notional income fixed for the said year is Rs.16,250/- by Karnataka State Legal Services Authority and the said income is to be taken as against Rs.15,000/- as taken by the Tribunal. The Tribunal has taken age of the deceased as 40 years on the basis of the year of birth mentioned in Ex.P5 -Aadhar card as 1983. Ex.P6 is the PAN card of the deceased wherein his date of birth mentioned is 01.04.1983. Considering, the said date of birth the claimant has not completed 40 years. Therefore, the age of the deceased is to be taken as 39 years. The multiplier applicable is ‘15’ and future prospects are to be taken at 40% as against 25% as taken by the Tribunal. In view of the same, the loss of dependency is calculated as under: Rs.16,250/- + 40% =Rs.22,750/- x 12= Rs.2,73,000/-1/4th = Rs.2,04,750/- x15 = Rs.30,71,250/-.
The claimants are wife, two minor children and two parents of the deceased. All the claimants are entitled to consortium with escalation at 20% in a sum of Rs.2,20,000/- (Rs.48,000/- x 5) as against Rs.1,00,000/-as awarded by the Tribunal. Even though the Tribunal has awarded the loss of estate in a sum of Rs.15,000/- and funeral expenses in a sum of Rs.15,000/- but has not added 20% escalation. Therefore, claimants are entitled to a sum of Rs.18,000/- towards loss of estate and Rs.18,000/- towards funeral expenses. The Tribunal has rightly awarded the medical expenses of Rs.3,500/-.
In view of the above, claimants are entitled to total compensation under various heads as under:
| Sl.No. | Head of Compensation | Amount/Rs. |
|---|---|---|
| 1. | Loss of dependency | 30,71,250/- |
| 2. | Loss of consortium | 2,20,000/- |
| 3. | Loss of Estate | 18,000/- |
| 4. | Funeral Expenses | 18,000/- |
| 5. | Medical Expenses | 3,500/- |
| Total | 33,30,750/- |
Claimants are entitled to total compensation of Rs.33,30,750/- as against Rs.27,06,960/- with interest. Consequently, claimants are entitled to enhanced compensation of Rs.6,23,790/- with interest at the rate of 6% per annum from the date of petition till realization. Claimants are not entitled to interest for the delay period of 596 days in filing the appeal as per order dated 04.11.2026 passed on IA No.1/2026. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest.
In view of the above, the following
ORDER
The appeal is allowed in part.
ii) Appellants -claimants are entitled to enhanced compensation of Rs.6,23,790/- with interest at the rate of 6% per annum from the date of petition till realisation.
iii) Claimants are not entitled to interest for the delay period of 596 days in filing the appeal.
iv) The claimants are entitled to share in the enhanced compensation in the ratio of 60:10:10:10:10.
The share of appellant Nos. 2 and 3/claimant Nos.2 and 3 -minors shall be kept in fixed deposit with the Karnataka Bank, City Civil Court Branch, Bangalore till they attain majority.
vi) Out of the share of claimant No.1, 50% shall be released and remaining 50% shall be kept in a fixed deposit with Karnataka Bank, City Civil Court Branch, Bengalore for a period of 03 years.
vii) Claimant Nos.4 and 5 are entitled to release of their share in entire enhanced compensation.