Smt Sahana Pai v. Smt Rekha R Pai

JUDGMENT AND AWARD DATED

12.01.2021 PASSED IN MVC NO. 3027/2017 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER-MACT, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS ARE COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

MFA.No.5379/2023 is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 12.01.2021 passed in MVC.No.3029/2017 by the IX Addl. Small Causes Judge, Additional MACT, Bengaluru.

¶2MFA.No.5390/2023 is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 12.01.2021 passed in MVC.No.3028/2017 by the IX Additional Small Causes Judge, Additional MACT, Bengaluru.

¶3MFA.No.5391/2023 is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 12.01.2021 passed in MVC.No.3027/2017 by the IX Additional Small Causes Judge, Additional MACT, Bengaluru (for short 'Tribunal').

¶4The Tribunal has passed the common judgment in all the three claim petitions in MVC.No.3027/2017, 3028/2017 and 3029/2017 Since the claim petitions are arising out of the same accident dated 19.09.2016.

¶5Even though the appeals are listed today for admission, with the consent of both the parties they are taken up for disposal.

¶6Heard, learned counsel appearing for the parties.

¶7The appellant/claimant in MFA.No.5379/2023 (MVC.No.3029/2017) made claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 19.09.2016 contending that the accident occurred due to rash and negligent driving of the driver of the car bearing registration No.KA-20-MB-0741. The Tribunal after

recording the evidence assessed compensation and awarded compensation under various heads as under:- SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Pain and sufferings and mental agony 60,000

¶2Medical expenses 4,34,320

¶3Special diet and conveyance 10,000

¶4Loss of future income 124,800

¶7Future medical expenses 20,000

Total 6,49,120

¶8The appellant/claimant in MFA.No.5390/2023 (MVC.No.3028/2017) made claim petition praying to award compensation for the injuries sustained by him in road traffic accident occurred on 19.09.2016 contending that the accident occurred due to rash and negligent driving of the driver of the vehicle bearing registration No.KA-20-MB-0741. The Tribunal after recording the evidence assessed the compensation and awarded compensation under various heads as under:- SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Pain and sufferings and mental agony 80,000

¶2Medical expenses 6,04,218

¶3Special diet and conveyance 10,000

¶4Loss of future income 5,18,400

¶7Future medical expenses 20,000

Total 12,32,618

¶9The appellant/claimant in MFA.No.5391/2023 (MVC.No.3027/2017) has made a claim petition praying to award compensation for the death of his mother in a road traffic accident occurred on 19.09.2016 contending that the accident occurred due to rash and negligent driving of car bearing registration No.KA-20-MB-0741. The Tribunal after recording the evidence, assessed the compensation and awarded compensation under various heads as under : SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Loss of estate 15,000

¶2Funeral, obsequies ceremony and conveyance 15,000

¶3Loss of parental consortium 40,000

TOTAL 70,000

¶10In all the claim petitions, the Tribunal has awarded interest at the rate of 6% per annum from the date of the petition till its realization and directed respondent No.1 - insurer to deposit the award amount with interest.

¶11The claimant in all the three appeals have filed the appeals seeking enhancement of the compensation awarded by the Tribunal.

¶12Heard the arguments of learned counsel appearing for the claimant and learned counsel for respondent No.2 - insurer in all the three appeals.

¶13Learned counsel for the appellants contend that the disability taken by the Tribunal is on the lower side. Considering the evidence of the doctor, the Tribunal has not awarded loss of income during the laid up period. He further submits that in MVC.No.3027/2017 the Tribunal has not awarded towards 'loss of dependency', considering that the claimant is a major son. Even though claimant is a major son, he is entitled to award of compensation by deducting 50% of the income of the deceased. In the said case, the Tribunal has not awarded any amount under conventional heads. and allow all the three appeals.

¶14Learned counsel for respondent No.2 contends that the compensation awarded by the Tribunal in all the claim petitions is just and proper and does not call for enhancement.

¶15Heard, learned counsel for both the parties. Perused the judgment and award.

MFA.No.5379/2023 (MVC.No.3029/2017)

¶16Doctor, who has examined the claimant has assessed the disability and stated that the claimant is having 37% disability of right lower limb and 12% to the whole body. The Tribunal has taken disability of the whole body at 10%. Considering the evidence of doctor, the disability to the whole body is taken at 12%. The Tribunal has taken monthly income of Rs.8,000/-. As per the chart prepared by Karnataka State Legal Services Authority, notional income fixed for the year 2016 is Rs.9,500/- per month and the said income is to be taken. The Tribunal has rightly applied multiplier '13', since the claimant is aged 46 years. In view of the above, the loss of future income is calculated as Rs.9,500x12x13x12%=1,77,840/-. The Tribunal has rightly awarded sum of Rs.60,000/- towards pain and sufferings, medical expenses of Rs.4,34,320/-, special diet and conveyance of Rs.10,000/-. The Tribunal has not awarded any amount towards loss of income during laid up period. Considering the injuries sustained by the claimant and disability assessed by the doctor, the claimant has to take rest at least

for a period of three months. Therefore, the claimant is entitled for income during laid up period for a sum of Rs.28,000/- (Rs.9,500x3). The Tribunal has not awarded any amount towards 'loss of amenities'. Considering the injuries sustained and disability assessed, the claimant is entitled to sum of Rs.30,000/- towards 'loss of amenities'. The Tribunal has rightly awarded 'future medical expenses' of Rs.20,000/-.

¶17In view of the above, the claimant is entitled to total compensation under various heads: SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Pain and suffering 60,000

¶2Medical expenses 4,34,320

¶3Special diet and conveyance 10,000

¶4Loss of future income 1,77,840

¶5Loss of income during laid up period 28,500

¶6Loss of amenities 30,000

¶7Future medical expenses 20,000

Total 7,60,660

¶18The claimant is entitled to total compensation of Rs.7,60,660/- as against Rs.6,49,120/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,11,540/- with interest @ 6% per annum from the date of the petition till its realization.

¶19Respondent No.2 - insurer is liable to pay the said enhanced compensation with interest. MFA.No.5390/2023 (MVC.No.3028/2017)

¶20PW-4 - Doctor has assessed the disability of the claimant at 17% for right lower limb and 51% of left lower limb and whole body disability at 35%. The Tribunal has taken the disability of the whole body at 20%. Considering the said evidence of PW-4 - Doctor, the disability to the whole body is taken at 30% as against 20% taken by the Tribunal. The Tribunal has rightly assessed the income of the claimant at Rs.12,000/- per month. It is contended that disability is more than 20%, future prospects has to be added at 40% since the claimant was aged 25 years. The Tribunal has rightly applied the multiplier '18'. In view of the above, loss of future earning is as under:- Rs.12,000+40%= 16,800x12 x18 x 30% = 10,88,640/-.

¶21The Tribunal has rightly awarded medical expenses of Rs.6,04,218/-. Special diet and conveyance charges of Rs.10,000/-, Future medical expenses of Rs.20,000/-.

¶22The Tribunal has not awarded any amount towards of loss of income during the laid up period. Considering the injuries and disability suffered by the claimant, he has taken rest atleast for a period of three months. Therefore, the claimant is entitled towards loss of income during laid up period of Rs.36,000/- (Rs.12,000x3). The Tribunal has also not awarded any amount towards 'loss of amenities'. Considering the injuries sustained and disability of the claimant, he is entitled for a sum of Rs.40,000/- towards 'loss of amenities.

¶23In view of the above, the claimant is entitled to compensation under the various heads: SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Pain and suffering 80,000

¶2Medical expenses 6,04,218

¶3Special diet and conveyance 10,000

¶4Loss of future income 10,88,640

¶5Loss of income during laid up period 36,000

¶6Loss of amenities 40,000

¶7Future medical expenses 20,000

Total 18,78,858

¶24The claimant is entitled to total compensation of Rs.18,78,858/- as against Rs.12,32,618/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to

enhanced compensation of Rs.6,46,240/- with interest @ 6% per annum from the date of the petition till realization.

¶25Respondent No.2 - insurer is liable to pay the said enhanced compensation with interest. MFA.No.5391/2023 (MVC.No.3027/2017)

¶26The deceased as on the date of accident was aged 54 years and she was a home maker. The claimant is the son of the deceased and he is major. The Tribunal considering the same has only awarded compensation on conventional heads in a sum of Rs.70,000/-. The Tribunal has not awarded any amount towards loss of dependency. In view of the decision of Hon'ble Apex Court in the case of Jitender Kumar and another vs. Sanjay Prasad and others1 the major son is also entitled to compensation for loss of dependency and 50% of the income has to be deducted towards personal expenses. Considering the same, the loss of dependency is to be calculated.

1 Civil Appeal No.7199/2025

¶27The accident is of the year 2016 and notional income for the said year is Rs.9,500/- per month. The deceased was aged about 54 years as on the date of the accident and therefore multiplier applicable is '11' and 10% of income towards future prospects is to be added. In view of the same, loss of dependency is calculated as under: Rs.9,500+10%=10,450/--50%=5,225x12x11= 6,89,700/-.

¶28The Tribunal has rightly awarded sum of Rs.40,000/- towards 'loss of consortium' and Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses.

¶29In view of the above, the claimant is entitled to total compensation under various head as under: SL.No. PARTICULARS AMOUNT (IN RS.)

¶1Loss of dependency 6,89,700

¶2Loss of consortium 40,000

¶3Funeral expenses 15,000

¶4Loss of estate 15,000

Total 7,59,700

¶30The claimant is entitled to total compensation of Rs.7,59,700/- as against Rs.70,000/- awarded by the Tribunal with interest.

¶31Consequently, claimant is entitled to enhanced compensation of Rs.6,89,700/- with interest @ 6% per annum from the date of the petition till its realisation.

¶32Respondent No.2-insurer is liable to pay the said enhanced compensation with interest.

¶33In view of the above, the following: ORDER i. All the three appeals are allowed in part. ii. The appellant-claimant in MFA.No.5379/2023 (MVC.No.3029/2017) is entitled to enhanced compensation of Rs.1,11,540/- with interest @ 6% per annum from the date of the petition till its realization. iii. The appellant-claimant in MFA.No.5390/2023 (MVC.No.3028/2017) is entitled to enhanced

compensation of Rs.6,46,240/- with interest @ 6% per annum from the date of the petition till its realization. iv. The appellant-claimant in MFA.No.5391/2023 (MVC.No.3027/2017) is entitled to enhanced compensation of Rs.6,89,700/- with interest @ 6% per annum from the date of the petition till its realization. v. Respondent No.2 - insurer shall deposit the enhanced compensation with interest in all the three appeals before the Tribunal, within a period of six weeks from this day. Claimants are entitled to release of entire enhanced compensation amount. vi. The appellants are not entitled for interest for the delayed period of 413 days on the enhanced compensation in MFA.Nos.5379/2023 and 5390/2023 as per order dated 10.08.2026

and 406 days in MFA.No.5391/2023 as per order dated 09.08.2026.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

AG List No.: 1 Sl No.: 41

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5379 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5390 OF 2023 (MV-I) AND MISCELLANEOUS FIRST APPEAL NO. 5391 OF 2023 (MV-D) IN MFA No. 5379/2023 BETWEEN: 1. SMT SAHANA PAI W/O SADHASHIVA PAI, NOW AGED ABOUT 52 YEARS, R/AT NO. 5-34-4-1 BLOCK NO. 5, BELMAN VILLAGE, AND POST, KARKALA TLAUK UDUPI DISTRICT …APPELLANT (BY SRI. GOPAL KRISHNA N ADV FOR SMT. SUSHMITHA G., ADVOCATE FOR APPELLANT) AND: 1. SMT. REKHA R PAI W/O RAJARAM PAI KATEEL R/AT NO. 34-4 DEVKIRAN BUILDING, MAIN ROAD, Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:40367( MFA(No.(5379(of(2023( C/W(MFA(No.(5390(of(2023( MFA(No.(5391(of(2023( ,,,,,,,,,, , CNR:(KAHC010399992023( ( ( , BELMAN,VILLAGE,AND,POST,, KARKALA,TALUK, UDUPI,DISTRICT,,574,104, , 2., LIBERTY,VIDEOCON,GENERAL,INSURANCE,CO.,LTD.,, OFFICE,NO.,1,,ALYASA,, I,FLOOR,REAR,PORTION,, OLD,NO.,28,,NEW,NO.,23, RICHMOND,ROAD,, BENGALURU,,560025, REP,BY,ITS,MANAGER., …RESPONDENTS, (BY,SRI.,RAVI,S,SAMPRATHI.,,ADVOCATE,FOR,R2;, VIDE, ORDER, DATED, 10.08.2023,, NOTICE, TO, R1, IS, DISPENSED,WITH), , , THIS,MFA,IS,FILED,U/S.173(1),OF,MV,ACT,,AGAINST,THE, JUDGMENT, AND, AWARD, DT.12.01.2021, PASSED, IN, MVC, NO.3029/2017, ON, THE, FILE, OF, THE, IX, ADDITIONAL, SMALL, CAUSES,, ADDITIONAL, SMALL, CAUSE, JUDGE,, ADDITIONAL, MACT,, MEMBER,, BENGALURU,, (SCCH-7),, , PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, IN(MFA(NO.(5390/2023, BETWEEN:, 1., SRI,PAWAN,PAI,KATEEL, S/O,RAJARAM,PAI,KATEEL,, NOW,AGED,ABOUT,32,YEARS,, R/AT,NO.34-4,, DEVIKIRAN,BUILDING,, MAIN,ROAD,,BELMAN,VILLAGE,AND,POST,, ((((((((((((HC-KAR, NC:(2026:KHC:40367( MFA(No.(5379(of(2023( C/W(MFA(No.(5390(of(2023( MFA(No.(5391(of(2023( ,,,,,,,,,, , CNR:(KAHC010399992023( ( ( KARKALA,TALUK,, UDUPI,DISTRICT., ...APPELLANT, (BY,SRI.,GOPAL,KRISHNA,N,ADV,FOR,, ,,,,,,SMT.,SUSHMITHA,G.,,ADVOCATE,FOR,APPELLANT), AND:, 1., SMT,REKHA,R,PAI, W/O,RAJARAM,PAI,KATEEL,, MAJOR,IN,AGE,, R/AT,NO.34-4,, DEVKIRAN,BUILDING,, MAIN,ROAD,,BELMAN,VILLAGE,AND,POST,, KARKALA,TALUK,,UDUPI,DISTRICT-574104., , 2., LIBERTY,VIDEOCON,GEN.INS.CO.LTD.,, OFFICE,NO.1,,ALYSSA,, 1ST,FLOOR,REAR,PROTION,, OLD,NO.28,,NEW,NO.23,, RICHMOND,ROAD,, BENGALURU-560025,, REP,BY,ITS,MANAGER., ...RESPONDENTS, (BY,SRI.,RAVI,S,SAMPRATHI.,,ADVOCATE,FOR,R2;, ,,,,,,VIDE,ORDER,DATED,10.08.2023,,NOTICE,TO,R1,IS,, ,,,,,,,DISPENSED,WITH), , ,,,,,,,THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT,AND,AWARD,DATED,12.01.2021,,,PASSED,IN,MVC, NO.,3028/2017,,,ON,THE,FILE,OF,THE,IX,ADDITIONAL,SMALL, CAUSES, JUDGE, AND, ACMM,, COURT, OF, SMALL, CAUSES,, MEMBER,,MACT,,BENGALURU,(SCCH-7),,,,,PARTLY,ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION.,,,,, ((((((((((((HC-KAR, NC:(2026:KHC:40367( MFA(No.(5379(of(2023( C/W(MFA(No.(5390(of(2023( MFA(No.(5391(of(2023( ,,,,,,,,,, , CNR:(KAHC010399992023( ( ( IN(MFA(NO.(5391/2023, BETWEEN:, 1., SRI,SHANTHARAM,KAMATH, S/O,LATE,GURUDATT,KAMATH,, NOW,AGED,ABOUT,39,YEARS,, RESIDING,AT,GURUDATT,, MAIN,ROAD,,BELMAN,VILLAGE,, AND,POST,KARKALA,TALUK,, UDUPI,DISTRICT, ...APPELLANT, (BY,SRI.,GOPAL,KRISHNA,N,ADV,FOR,, ,,,,,,SMT.,SUSHMITHA,G.,,ADVOCATE,FOR,APPELLANT), AND:, 1., SMT,REKHA,R,PAI, W/O,RAJARAM,PAI,KATEEL,, MAJOR,IN,AGE,, RESIDING,AT,NO,34-4,, DEVKIRAN,BUILDING,, MAIN,ROAD,,BELMAN,,VILLAGE,, AND,POST,,KARKALA,TALUK, UDUPI,DISTRICT,574104, , 2., LIBERY,VIDEOCON, GENERAL,INSURANCE,CO,LTD,, OFFICE,NO,1,,ALYSAA,, 1ST,FLOOR,,REAR,POSITION,, OLD,NO,28,,NEW,NO,23,, RICHMOND,ROAD,, BENGALURU,560025, REP,BY,ITS,MANAGER, ...RESPONDENTS, (BY,SRI.,RAVI,S,SAMPRATHI.,,ADVOCATE,FOR,R2;, VIDE ORDER DATED 10.08.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE