Savitha v. M Maraiah

((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.6288(OF(2023(MV-D)(

C/W(

MISCELLANEOUS(FIRST(APPEAL(NO.5844(OF(2023(MV-I)(

MISCELLANEOUS(FIRST(APPEAL(NO.5845(OF(2023(MV-D)(

MISCELLANEOUS(FIRST(APPEAL(NO.6283(OF(2023(MV-I)( ( IN(MFA(No.(6288/2023(

BETWEEN:(( (

1., SAVITHA,,

W/O,JAYARAM,K.V,, D/O,MADHU,VENKTAPPA,, AGED,ABOUT,45,YEARS,,

R/AT,NO,2240,,WARD,NO,9,, T.G.,TANK,ROAD,, CHIKKBALLAPURA,,

Digitally KARNATAKA,-,562,101., ,signedtiby

2., JAYARAM,K.V.,,REKHA0R S/O,LATE,KRISHNAYYA,K.V.,, Location: AGED,ABOUT,53,YEARS,, High0Court , of 3., BHARATH,BHUSHAN,J.,, Karnataka S/O,JAYARAM,K,V, AGED,ABOUT,23,YEARS,, , ALL,ARE,R/AT,NO,2240,,, WARD,NO,9,, T.G.,TANK,ROAD,, CHIKKBALLAPURA,, KARNATAKA,-,562,101., …APPELLANTS, (BY,SRI.,K.V.,NAIK,,ADVOCATE), ((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( AND:( (

1., M.,MARAIAH,, S/O,CHANDRAIAH,, MAJOR,IN,AGE,, R/AT,NO,7-65/B,, MAAVATHURU,, V,KOTA,MANDAL,, JOWNIPALLE,, VENKATAGIRI,KOTA,,CHITTOR,, ANDRA,PRADESH,-,517,424., , (RC,OWNER,OF,EICHER,REG,, NO.,AP-03-TE-4920), ,

2., THE,MANAGER,, CHOLAMANDALAM,MS,GENERAL,, INS,CO,LTD,, OFFICE,AT,UNIT,NO,4,, TH9 ,,FLOOR,,LEVEL,6,, GOLDEN,HEIGHT,COMPLEX,, TH59 ,,'C',CROSS,,RAJAJINAGAR,, BENGALURU,-,560,010., , (POLICY,NO.,3379/01769218/000/03, FROM,26.08.2020,TO,25.08.2021), …RESPONDENTS, (BY,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R2,, ,,,,,,,VIDE,ORDER,DATED,06.10.2023,NOTICE,TO,R1,, ,,,,,,,IS,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, 1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:24.02.2023, PASSED, IN, MVC, NO.2169/2021, ON, THE, FILE,OF,THE,XIII,ADDITIONAL,SMALL,CAUSES,AND,ACMM,AND, ADDITIONAL, MACT,, BENGALURU,, (SCCH-15),, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING,ENHANCEMENT,OF,COMPENSATION., ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( IN(MFA(NO.(5844/2023, BETWEEN:, THE,MANAGER,, CHOLAMANDALAM,,MS,GIC,LIMITED,, THUNIT,NO,,04,,9 ,,FLOOR,, LEVEL,-,6,,GOLDEN,HEIGHTS,COMPLEX,, TH59 ,,'C',CROSS,,RAJAJINAGAR,,, BANGALORE,,-,560,010., ...APPELLANT, (BY,SRI.,PRADEEP,B.,,ADVOCATE), AND:,

1., JEEVAN,N,@,JEEVANKUMAR,, S/O,NARASIMHA,MURTHY,,, NOW,AGED,ABOUT,22,YEARS,, THR/AT,,12 ,,WARD,,,BAPUJI,,NAGAR,, CHIKKABALLAPURA,,, KARNATAKA,-,562,101., ,

2., M.,MARAIAH,, S/O,CHANDRAIAH,,, MAJOR,, R/AT,NO.,7-65/B,, MAAVATHURU,, V,KOTA,MANDAL,,JOWNIPALLE,,, VENKATAGIRI,KOTA,,CHITTOR,, ANDHRA,PRADESH,,-,517,424., ...RESPONDENTS, ,(BY,SRI.,K.V.,NAIK.,,ADVOCATE,FOR,R1,, ,,,,,,,VIDE,ORDER,DATED,24.08.2023,NOTICE,TO,R2, ,,,,,,,IS,DISPENSED,WITH), , , ((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( ,,,,,,,THIS, MFA, IS, FILED, UNDER, SECTION, 173(1), OF, MV, ACT,1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:24.02.2023, , PASSED, IN, MVC, NO.2170/2021, , ON, THE,FILE,OF,THE,XIII,ADDITIONAL,SMALL,CAUSES,JUDGE,, ACMM,, COURT, OF, SMALL, CAUSES,, MEMBER, ADDITIONAL, MACT-15,, BENGALURU, SCCH-15, AWARDING, COMPENSATION, OF, RS.7,23,900/-, WITH, INTEREST, AT, 6, PERCENT,P.A.,FROM,THE,DATE,OF,PETITION,TILL,DATE,OF, THE,DEPOSIT,OF,THE,AWARD,AMOUNT.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, IN(MFA(NO.(5845/2023, BETWEEN:, THE,MANAGER,CHOLAMANDALAM,, M,S,GIC,LIMITED,, THUNIT,NO.4,,9 ,,FLOOR,, LEVEL-6,,GOLDEN,HEIGHTS, THCOMPLEX,,59 ,,C,CROSS,, RAJAJINAGAR,, BENGALURU,-,560,010., ...APPELLANT, (BY,SRI.,PRADEEP,B.,,ADVOCATE), AND:,

1., SAVITHA,, S/O,JAYARAM,K.V.,, D/O,MUDHU,VENKATAPPA,, AGED,ABOUT,45,YEARS,, ,

2., JAYARAM,K.V.,, S/O,LATE,KRISHNAYYA,K.V.,, AGED,ABOUT,53,YEARS,, ,

3., BHARATH,BHUSHAN,J,, S/O,JAYARAM,K,.V.,, AGED,ABOUT,23,YEARS,, , ALL,ARE,R/A,NO.2240,,, WARD,NO.9,,T.G,TANK,ROAD,, ((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( CHIKKABALLAPUR,, KARNATAKA,-,562,101., ,

4., M.,MARAIAH,, S/O,CHANDRAIAH,, MAJOR, R/A,NO.7-65/B,, MAAVATHURU, V,KOTA,MANDAL, JOWNIPALLE,, VENKATAGIRI,KOTA,, CHITTOR,, ANDHRAPRADESH,-,517,424, ...RESPONDENTS, (BY,SRI.,K.V.,NAIK.,,ADVOCATE,FOR,R1,TO,R3,, ,,,,,,,VIDE,ORDER,DATED,24.08.2026,NOTICE,TO,R4, ,,,,,,,IS,DISPENSED,WITH), , ,,,,,,,THIS, MFA, IS, FILED, UNDER, SECTION, 173(1), OF, MV, ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:24.02.2023, PASSED, IN, MVC, NO.2169/2021,,, ON, THE, FILE, OF, THE, XIII, ADDITIONAL, SMALL, CAUSES, JUDGE,, ACMM,, COURT, OF, SMALL, CAUSES, AND, MEMBER,, MACT-15,, BENGALURU, (SCCH-15),, AWARDING, COMPENSATION,OF,RS.,24,22,200/-,WITH,INTEREST,AT,6, PERCENT, P.A., FROM, THE, DATE, OF, PETITION, TILL, THE, DATE,OF,DEPOSIT,OF,THE,AWARD,AMOUNT., IN(MFA(NO.(6283/2023, BETWEEN:, JEEVAN,N,@,JEEVAN,KUMAR,, S/O,NARASIMHA,MURTHY,, AGED,ABOUT,22,YEARS,, THR/AT,12 ,,WARD,, BAPUJI,NAGARA,, CHIKKABALLAPURA,, KARNATAKA,-,562,101., ...APPELLANT, (BY,SRI,K.V.,NAIK.,,ADVOCATE), ((((((((((((HC-KAR, NC:(2026:KHC:43756( MFA(No.(6288(of(2023( C/W(MFA(No.(5844(of(2023( MFA(No.(5845(of(2023( ,,,,,,,,,, , AND(1(OTHER( CNR:(KAHC010482192023( ( ( AND:,

1., M.,MARAIAH,, S/O,CHANDRAIAH,, AGED,MAJOR,, R/AT,NO.7-65/B,,MAAVATHURU,, V,KOTA,MANDAL,,JOWNIPALLE,, VENKATAGIRI,KOTA,,CHITTOOR,, ANDRA,PRADESH,-,517,424., , (RC,OWNER,OF,EICHER,REG.,, NO.,AP-03-TE-4920), ,

2., THE,MANAGER,,CHOLAMANDALAM,, MS,GENERAL,INS,CO.,LTD.,, OFFICE,AT,UNIT,NO.,4,, TH9 ,,FLOOR,,LEVEL-04,, GOLDEN,HEIGHT,COMPLEX,,, TH59 ,,'C',CROSS,,RAJAJINAGARA,, BENGALURU,-,560,010., , (POLICY,NO.,3379/01769218/000/03, FROM,26/08/2020, TO,25/08/2021), ...RESPONDENTS, ,(BY,SRI.,PRADEEP,B.,ADVOCATE,FOR,R2,, ,,,,,,,VIDE,ORDER,DATED,22.09.2023,NOTICE,TO,R1, ,,,,,,,IS,DISPENSED,WITH), , ,,,,,,,THIS, MFA, IS, FILED, UNDER, SECTION, 173(1), OF, MV, ACT,1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:24.02.2023,PASSED,IN,MVC,NO.2170/2021,ON,THE, FILE,OF,THE,XIII,ADDITIONAL,SMALL,CAUSES,AND,ACMM, AND,ADDITIONAL,MACT,,BENGALURU,,(SCCH-15),,,PARTLY, ALLOWING,THE,CLAIM,PETITION,FOR,COMPENSATION,AND, SEEKING,ENHANCEMENT,OF,COMPENSATION.,,,,,,,,,,,,,,,,,,,,,,,

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

These four appeals arising out of common judgment and award dated 24.02.2023 passed by XIII Additional Small Causes and ACMM and Additional Motor Accident Claims Tribunal, Bengaluru (SCCH-15) 1 in MVC.2170/2021 and MVC.2169/2021 by the claimants as well as Insurer.

¶2The claimants filed MFA.No.6288/ 2023 and MFA No.6283/2023 seeking enhancement of the compensation, whereas the Insurer filed MFA.No.5844/2023 and MFA.No.5845/2023, seeking fastening negligence on the rider of the motorcycle, as he has also contributed to the accident.

1 "Tribunal" for short

¶3Heard Sri.Naik Krishna Venkatraman, learned counsel for the claimants in all the appeals and Sri.B.Pradeep, learned counsel for Insurer in all the appeals.

¶4Sri.Naik Krishna Venkatraman with all vehemence submits that the deceased was rider of the motor cycle and injured was a pillion. The offending vehicle Eicher bearing registration No.AP-03-TE-4920, dashed against the motor cycle bearing KA-40-EE-8763, from hind side, resulting in death and injuries of rider and pillion. The deceased rider succumbed to the injuries, whereas the pillion rider suffered severe injuries resulting in disability. He further submits that the deceased as well as injured were working as System operators/Computer and were earning Rs.18,000/- per month.

¶5Learned counsel further submits that so far as the death case is concerned the Tribunal has awarded the inadequate compensation under the filial consortium and

not at all awarded 10% escalation on conventional head from 2017. In that view of the matter, the compensation awarded requires reconsideration.

¶6So far as injury case is concerned, he too was working as a System Operator and earning Rs.18,000/- per month. The injuries suffered were crush injury to left ankle, undisplaced left zygomatic angle fracture, left lateral wall fracture, multiple fracture of tibia and fibula

(left). The doctor who has been examined as PW-4 has reiterated the grievous injuries and stated that the limb disability was 61% and the same when compared to whole body comes to 20%. He further submits that the claimant was in-patient for a period of 21 days and underwent surgeries for implants. The Tribunal has taken notional income of Rs.15,000/-, but not considered the limb disability stated by the doctor and awarded inadequate compensation and the same requires reassessment.

¶7Sri.B.Pradeep, learned counsel for the Insurer with all vehemence submits that on the fateful day the deceased, pillion along with another person were triple riding the motorcycle which is against the law. They were trying to overtake the vehicle, in that circumstances, got collided with the Eicher vehicle. He further submits that this fact has been elicitated in the cross-examination of PW-1, wherein he has clearly admitted that they were three persons on the motor cycle. In that view of the matter, the Tribunal ought to have considered this aspect of the matter and fastened certain contributory negligence on the rider of the motor cycle and sought to allow the appeal by dismissing the appeal of the claimants.

¶8Having considered the rival submissions, this Court perused all the appeal papers and trial Court record.

¶9Firstly, so far as death claim is concerned. though the argument of Sri.Naik Krishna Venkatraman is appealable at the first blush, however, the perusal of

documents clearly show that no documents have been produced to support the contention on the monthly income, though it was claimed that they were working as System Operators and studying in BCA. In the absence of any document to that effect, this Court is of the opinion that the Tribunal has properly considered the income fixed under the chart prepared by Karnataka State Legal Services Authority, i.e., R.15,000/- per month. However, this Court finds some force in the argument of Sri.Naik that the Tribunal in the teeth of evidence by the doctor stating that though 20% to the whole body disability, has considered only 10%. The same requires reconsideration when compared to the injuries suffered, in-patient period, treatment taken and the expenses incurred. This Court find force in the argument to consider the disability at 20% instead of 10% taken by the Tribunal. Accordingly, the injured claimant is entitled for following re-assessed compensation.

Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Pain, shock and sufferings 75,000-00 75,000-00

¶2Loss of amenities 50,000-00 75,000-00

¶3Loss of income during the laid up period 45,000-00 60,000-00

¶4Attendant's charges, Extra diet and conveyance 27,000-00 27,000-00

¶5Medical expenses 2,02,900-00 2,02,900-00

¶6Loss of future income 3,24,000-00 6,48,000-00 (15,000x12x18x20%)

TOTAL 7,23,900-00 10,87,900-00

¶10Accordingly the injured claimant is entitled for reassessed compensation of Rs.10,87,900/- rounded off to Rs.10,88,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization.

¶11So far death claim is concerned the Tribunal though has properly awarded compensation under the head loss of dependency, but erred in awarding compensation towards filial consortium and also in view of settled position of law, 10% escalation for each completed 3 years since 2017 on the conventional head. In the case hand, 10% escalation for one completed 3 years is

admissible on the conventional head, since the date of accident is 22.02.2021.

¶12Accordingly, the claimants are entitled for re-assessed compensation, which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of consortium 40,000-00 1,20,000-00 (40,000x3)

¶2Loss of love and affection 50,000-00 -

¶3Loss of estate 15,000-00 15,000-00

¶4Funeral expenses 15,000-00 15,000-00

¶5Expenses of transportation of dead body 5,000-00 -

¶6Medical expenses 29,200-00 29,200-00

¶7Loss of Dependency 22,68,000-00 22,68,000-00

¶810% escalation on one term of three completed years. - 15,000-00

TOTAL 24,22,200-00 24,62,200-00

¶13Accordingly claimants are entitled for reassessed compensation of Rs.24,62,200/- rounded off to Rs.24,63,000/- which shall carry interest at the rate of 6% per annum from date of petition till realization.

¶14So far as the contention of the Insurer is concerned, in view of the police document which clearly shows that the Eicher vehicle dashed against the motor cycle on its hind side. This Court is of the opinion that the evidence elicitated, a stray admission by PW-1 cannot be considered, as according to principle of Evidence Act that the entire evidence is to be read as a whole along with the supporting documents. In that view of the matter there is no merit in the appeals filed by the Insurer. Accordingly both the appeals filed by the Insurer are dismissed.

¶15For the foregoing reasons this Court proceeds to pass the following: ORDER

(i) MFA.No.5844/2023 and MFA.No.5845/2023 filed by the Insurer are dismissed.

(ii) MFA.No.6288/2023 and MFA No.6283/2023 are allowed in part.

(iii) The judgment and award dated 24.02.2023 passed by the Tribunal in MVC.No.2169/2021 filed by the claimants is modified and re-assessed the compensation at Rs.24,63,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization.

(iv) The judgment and award dated 24.02.2023 passed by the Tribunal in MVC.No.2170/2021 filed by the claimant is modified and re-assessed at Rs.10,88,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization.

(v) The amount in deposit in both the appeals by the Insurer shall be transmitted to the concerned Tribunal for disbursement in respective claim petitions.

(iv) The Insurer of the offending vehicle shall deposit the entire re-assessed compensation, along with interest at the rate of 6% per annum from the date of petition till realization before the concerned Tribunal within six weeks from the date of receipt of copy of this order.

(v) The apportionment and disbursement is as per the order passed by the Tribunal.

(vi) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 13 ct-vn