MFA/4984/2022 of SRI. S.R JAYA NAIK Vs RELIANCE GENERAL INSURANCE CO. LTD on 1 June 2026

ORAL JUDGMENT

This appeal by the claimants seeking enhancement of compensation, arising out of judgment and award dated 31.01.2022 in MVC.No.7885/2019 passed by the Court of VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru1. By the impugned judgment and award, the Tribunal awarded compensation of Rs.22,29,800/- with interest @

1 ‘Tribunal’ for short

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9% per annum from the date of petition till the date of realization.

2. The date of accident, involvement of vehicle, death of Sri.Prakash Naik.J and liability to pay the compensation are not in dispute. The only dispute is with regard to quantum of compensation.

3. Heard, Sri.K.V.Naik, learned counsel appearing for the claimants and Sri.B.Pradeep, learned counsel appearing for the respondent No.1/Insurer.

4. Sri.K.V.Naik, with all vehemence submits that the claimants (parents of the deceased) have produced Ex.P21 i.e., the notarized copy of Diploma marks card of deceased. The Tribunal while considering the income, has taken the income at Rs.14,000/- per month as fixed under the chart prepared by the Karnataka State Legal Services Authority in respect of unskilled labor, for settling the disputes before the Lok Adalat. In view of the fact that the deceased was a Diploma holder, the income ought to have

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been enhanced, as a person with a Diploma certificate cannot be equated to an unskilled labor. Further, he submits that the Tribunal has failed to consider the case of the claimants for 10% escalation on conventional heads for three completed years for two terms since 2017. With this, learned counsel for the appellants seeks to enhance the compensation.

5. In contrast, Sri.B.Pradeep, submits that except producing the notarized copy of SSLC marks card at Ex.P20 and Ex.P21 notarized copy of Diploma marks cards, the claimants have not examined any witnesses to prove the income of the deceased as claimed. As such, the Tribunal in view of lack of evidence has properly considered the income under the chart and considered the case of the claimants for awarding appropriate compensation even under the conventional heads taking 10% escalation, as such the judgment and award passed by the Tribunal does not call for any interference and sought to dismiss the appeal.

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6. Having considered the rival submissions, this Court has gone through the entire appeal memorandum. The claimants have produced two documents i.e., notarized copy of SSLC marks card and notarized copy of Diploma marks card at Ex.P.20 & P21 pertaining to the deceased regarding his education. The amount under the chart has been fixed as monthly income in respect of an unskilled labor. As rightly contended by Sri.K.V.Naik, a person with SSLC+Diploma certificate cannot be equated and considered to that of an unskilled labor.

7. Having considered the submissions, this Court is of the opinion that if the income is to be considered at Rs.600/- per day i.e., Rs.18,000/- per month, the same would meet the ends of justice. Accordingly, the said amount is taken as income of the deceased. Further, the claimants are also entitled for 10% escalation for two completed terms of three years, since on compensation awarded under conventional head. In view of taking higher income as well as the escalation stated

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supra, the compensation awarded by the Tribunal requires re-determination and re-assessment. Accordingly, it is re-determined as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

1. Loss of Dependency (after deducting ½ of the income towards personal living expenses) 15,12,000-00 27,21,600-00 (Rs.18,000+40%x 12x18x50%)

2. Loss of love and affection 80,000-00 80,000-00

3. Loss of estate 16,500-00 15,000-00

4. Funeral expenses and transportation of dead body 16,500-00 15,000-00

5. 20% escalation (two completed terms of 3 years, since 2017) - 22,000-00

TOTAL 16,25,000-00 28,53,600-00

8. Accordingly, the claimants are entitled for compensation of Rs.28,53,600/-. The enhanced compensation would be Rs.12,28,600/- (Rs.28,53,600 - Rs.16,25,000) which shall carry interest at the rate of 6% per annum from the date of petition till realization.

9. For the foregoing reasons, this Court proceeds to pass the following:

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ORDER

i) The appeal is allowed-in-part. ii) The judgment and award dated 31.01.2022 in MVC.No.7885/2019 passed by the Court of VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru is hereby modified and enhanced to Rs.12,28,600/-, which shall carry interest at the rate of 6% p.a. from the date of petition till its realization. iii) The respondent No.1-Insurer shall deposit entire enhanced compensation along with interest stated supra i.e., 6% p.a. from the date of petition till its realization before the concerned Tribunal within six weeks from the date of receipt of copy of this order. iv) Upon deposit entire amount shall be disbursed in favor of the claimants as per apportionment

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order passed by the Tribunal on proper identification. v) Trial Court records secured if any, shall be transmitted to the concerned Tribunal forthwith.

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 17 ct-vn