MFA/2639/2022 of K NAGARATHNAMMA Vs GOPAL on 25 September 2026

ORAL JUDGMENT

1. This appeal has been filed by the claimants/appellants seeking enhancement of compensation, being aggrieved by the judgment and award dated 26.07.2021 passed in MVC Nos.540/2016, 541/2016 and 542/2016 on the file of the learned Prl. Small Causes and Senior Civil Judge and MACT at Mysuru (for short, ‘Tribunal’), wherein the Tribunal awarded compensation of Rs.10,06,000/- with interest at 6% p.a. from the date of petition till realization. The brief facts of the case:

2. On 23.04.2015 at about 5.30 p.m., Smt. Shivamma wife of late Kempegowda and others were traveling from Madhapura towards their village in an Auto Rickshaw bearing Reg. KA-52- 3844, in the meantime, a Goods Tempo bearing Reg. No. KA- 13-B-5172 came from opposite side with high speed in a rash and negligent manner and hit the auto rickshaw and caused accident. Consequently, she had sustained injuries to the right leg, bleeding injuries to the nose and other injuries all over the body. Immediately she was shifted to Apollo BGS Hospital,

HC-KAR

Mysuru, later, she was shifted to KR Hospital, Mysuru. Despite being treated, in various hospitals, she succumbed to the injuries on 26.04.2015. Therefore, a claim petition was filed by the legal representatives of deceased-Shivamma. The Tribunal awarded Rs.10,06,000/- along with interest at 6% per annum. Being aggrieved by the same, the legal representatives of the deceased are before this Court.

3. Heard Smt. Suma K, learned counsel for appellants and Sri. B. Pradeep, learned counsel for respondent No.2.

4. Learned counsel for the appellants submitted that the income of the deceased was not properly assed by the Tribunal, though the evidence would indicate that she was earning Rs.300/- per day. Hence, it has to be enhanced as per the Chart. It is further submitted that the compensation in respect of other conventional head is lower side and it has to be enhanced as per the settled principle of law. Making such submissions, learned counsel for the appellants prays to allow the appeal.

HC-KAR

5. Per contra, learned counsel representing the respondent No.2 – Insurance Company vehemently justified the award passed by the Tribunal and submitted that interference may not be necessary since the appellants have not madeout any grounds to enhance the compensation under the changed circumstances. Hence, the appeal may be dismissed. Making such submissions, learned counsel for respondent No.2 – Insurance Company prays to dismiss the appeal.

6. Having heard learned counsel for the respective parties and on perusal of the award passed by the Tribunal, no doubt the accident occurred on 23.04.2015. It is also true that the claimants have not produced any documents to show that the deceased was earning Rs.300/- per day. Therefore, even on considering the notional income of the deceased, it comes to Rs.9000/- per month. Adding 25% future prospects to the income of the deceased as per the settled principles of law, it comes to Rs.11,250/- per month. If one-third of the income of the deceased is deducted as per the age of the deceased, it comes to Rs.7,500/-. Then, the calculation under the head of loss of dependency would be as follows:

HC-KAR

Rs.7,500X12X14=12,60,000/-

7. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the compensation as under:- Sl. No.

Particulars Award amount (in Rupees) Tribunal This Court

Towards Medical Expenditure 46,000/- 46,000/-

Towards loss of consortium (48,400x2) 80,000/- 96,800/-

Towards loss of estate 15,000/- 36,300/-

Towards transportation and funeral expenses 25,000/- 25,000/-

Towards loss of dependency (7,500X12X14) 8,40,000/- 12,60,000/-

TOTAL

10,06,000/- 14,64,100/- -10,06,000 =4,58,100/-

8. In the light of the observations made above, I proceed to pass the following:-

HC-KAR

ORDER

i) Miscellaneous First Appeal is allowed-in-part. ii) The judgment and award dated 26.07.2021 passed in MVC Nos.540/2016, 541/2016 and 542/2016 on the file of the learned Prl. Small Causes and Senior Civil Judge and MACT at Mysuru, is modified, granting compensation of Rs.14,64,100/- (Rupees Fourteen Lakhs Sixty- four Thousand One Hundred only) as against Rs.10,06,000/- awarded by the Tribunal. iii) The claimants are entitled to enhanced compensation of Rs. 4,58,100/- (Rupees Four Lakhs Fifty-eight Thousand One Hundred only) with interest at the rate of 6% per annum from the date of this appeal till realisation. iv) The enhanced compensation amount shall be deposited by the Insurance Company within a period of six weeks from date of receipt of the certified copy of this judgment.

HC-KAR

v) The Registry is directed to communicate the order to the Tribunal and send the records to the Trial Court forthwith.

Sd/- (S RACHAIAH) JUDGE

JS List No.: 1 Sl No.: 29