MFA/9872/2018 of KUM. SHWETHA SHREE. G Vs M/S. JAI HIND LOGISTICS PVT. LTD., on 21 September 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA) This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-11), dated 04.08.2018 in MVC No.5858 of 2016, whereby, the Tribunal has awarded compensation of Rs.12,34,864/- for the death of mother of appellant Nos.1 and 2 and wife of respondent No.3.

2. The appellants herein were the claimants before the Tribunal who have approached the Tribunal seeking compensation for the death of Smt Jayalakshmi, the mother of the claimants.

3. The occurrence of accident and the liability of respondent No.2 is not in dispute. The Tribunal has awarded of Rs.12,34,864/- under different heads, considering the notional income of the deceased at Rs.6,500/- and adding 40% future prospects.

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4. We have heard the learned counsel for the appellants and the learned counsel for respondent No.2 – Insurance Company.

5. Solitary submission of the learned counsel for Insurer is that the MACT has already awarded sufficient compensation and the impugned judgment and award requires no interference.

6. The submission of learned counsel for the appellants is that, in the present case, the accident is of the year 2013, even according to the chart notified by the Legal Service Authority, the notional income of Rs.8,000/- should have been considered and the future prospects at 40% should have been added, therefore, the compensation determined and awarded under the head of loss of dependency is liable to be re-assessed and enhanced.

7. We see some force in the contention of learned counsel for the appellants and propose to reassess the compensation for loss of dependency at Rs.14,33,664/- (8,000 + 40% x 1/3rd x 12 x 16).

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8. As the appellants who are minors on the date of death of their mother, they are entitled for filial consortium at Rs.44,000/- each. Since respondent No.3 is the father of appellants and husband of the deceased, who has lost his wife is also entitled for consortium at Rs.44,000/- and thus, the appellants and respondent No.3 together entitled for compensation for loss of consortium at Rs.1,32,000/-. The appellants are also entitled for compensation at Rs.16,500/- for funeral expenses and Rs.16,500/- for loss of estate. Accordingly, the compensation payable to the appellants and respondent No.3 is re-assessed as follows: Sl. No. Particulars of heads As per the Award of MACT Re-assessed in MFA

(Rs.)

Loss of dependency 11,64,864/- 14,33,664/-

Loss of consortium 40,000/- 1,32,000/-

Loss of estate 15,000/- 16,500/-

Funeral expenses 15,000/- 16,500/-

Total 12,34,864/- 15,98,664/-

The total re-assessed compensation, to which the appellants are entitled is Rs.15,98,664/-.

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9. In the result: i) Appeal is allowed in part. ii) The judgment and award dated 04.08.2018 in MVC No.5858 of 2016 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-11), is hereby modified entitling the appellants and respondent No.3 for re-assessed compensation of Rs.15,98,664/- as against the compensation already granted by the Tribunal in a sum of Rs.12,34,864/-.

(iii) The enhanced compensation shall carry interest at

6% per annum from the date of petition, till its

realization.

(iv) The apportionment of compensation shall be in terms of the award of the Tribunal.

(v) Insofar as appellant Nos.1 and 2 are concerned, 50% of their entitlement shall be released along with accrued interest and remaining 50% along with

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accrued interest shall be kept in Fixed Deposit for a period of three years.

Registry is directed to transmit the Trial Court records, forthwith, along with the copy of this judgment.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (T.P.VIVEKANANDA) JUDGE

BGN List No.: 1 Sl No.: 2