MFA/2250/2021 of LEELAVATHI Vs H S MANJUNATHA on 19 September 2026

ORAL JUDGMENT

This appeal has been filed seeking enhancement of compensation, being aggrieved by the judgment and award dated 26.02.2021 passed in MVC.No.10/2019 on the file of the Senior Civil Judge and JMFC, XIX MACT at Chikkanayakanahalli.

2. The submission of the learned counsel for the appellants is that the deceased Kumaraswamy was aged about 45 years at the time of accident and he was doing agriculture and milk vending business and he was earning more than Rs.25,000/- per month. However, the Tribunal considered Rs.12,000/- per month as the income of the deceased and 1/3rd has been deducted towards his personal expenditure without adding the future prospects. Therefore, it has been enhanced by adding the future prospects.

3. In addition to the said submission, learned counsel for the appellant seeks enhancement of compensation even under the different heads namely, consortium, transportation of dead body, funeral and death ceremony etc.

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4. Per contra, learned counsel representing respondent No.2/Insurance Company has justified the judgment and award and submitted that the Tribunal after considering both oral and documentary evidence on record, passed appropriate order, which is proper and appropriate. Therefore, the appeal may be dismissed is the submission of the learned counsel for respondent No.2.

5. Having considered the rival submissions made by the learned counsel for the respective parties, the death of Kumaraswamy S/o Gangadharaiah had taken place on 21.01.2018 on account of rash and negligent act of the driver of the tractor bearing registration No.KA-16-TB-1606. No doubt, no documents were produced before the Tribunal would indicate that the deceased was earning more than Rs.25,000/-. Therefore, the notional income for the year 2018 as per the chart available is Rs.12,500/- per month.

6. The deceased was aged 45 years at the time of the accident and therefore, ‘loss of dependency’ is calculated by adding the ‘future prospects’ at 25% of the notional income, which comes to Rs.3,125/-. Therefore, the notional income is

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considered as Rs.15,625/- (Rs.12,500/- + Rs.3,125/-) and the ‘loss of dependency’ is calculated as Rs.15,625 X 12 X 14 - 1/3 = Rs.17,50,000/-.

7. In addition to the ‘loss of dependency’, the Tribunal has committed an error in considering ‘loss of consortium’. The accident occurred in the year 2018, as per the judgment of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LTD. V. NANU RAM ALIAS CHUHRU RAM AND OTHERS reported in (2018) 18 SCC 130, the spousal consortium and parental consortium of Rs.48,000/- each required to be awarded. Hence, the re-calculation under the different heads is as follows: Sl. No. Particulars Award amount (In Rs.) Tribunal This Court

Loss of dependency 13,44,000/- 17,50,000/-

Loss of consortium 50,000/- 96,000/-

Funeral and death Ceremony 20,000/- 20,000/-

Transportation of dead body 10,000/- 20,000/-

Total 14,24,000/- 18,86,000/-

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8. Thus, the petitioners are entitled for enhanced compensation of Rs.4,62,000/- with interest and therefore, the appeal deserves to be allowed in part. Hence, the following:

ORDER

i) The appeal is allowed in part.

ii) The impugned judgment and award passed by the Tribunal is modified by awarding a sum of Rs.4,62,000/- in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its deposit.

iii) The respondent No.2/Insurance Company is directed to deposit the entire compensation amount within a period of six weeks from the date of this order.

iv) The Tribunal is directed to release the amount in favour of the claimants on proper identification on deposit made by respondent No.2.

The Registry is directed to transmit the record along with the order for necessary compliance.

Sd/- (S RACHAIAH) JUDGE NR/-, List No.: 1 Sl No.: 20