Smt Rathnamma and Sri Ananta Nagalinga and Sri Vinayaka and Sri Dharaneesha and Poornima G B and Prabhulinga V. The New India Assurance Co. Ltd. and K Nanjundappa

MFA/7823/2010

AI Insights

The case involves an appeal by the family of a deceased individual, Basavalingaiah, seeking an enhancement of the compensation awarded for loss of dependency following a motor vehicle accident. The appellants contested the Motor Accident Claims Tribunal's decision, which calculated the deceased's post-retirement income at Rs.14,000 per month, arguing it should be Rs.14,720. The insurance company defended the Tribunal's assessment. The High Court of Karnataka agreed with the appellants, recalculating the compensation based on the corrected income figure, leading to a higher compensation amount.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 805941 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 14-06-2012
• Assessment Year: misc
• Laws Referred To: MV Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: M NARAYANAPPA
• Assessee Lawyers: V BABU
• Keywords: Enhancement of compensation; Income Assessment; Loss of dependency; Motor Accident Claims Tribunal
• Section: 173(1)

Judgement Text

"1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 14TH DAY OF JUNE, 2012 BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MFA No.7823/2010 (MV) BETWEEN : 1 SMT RATHNAMMA W/O LATE BASAVALINGAIAH AGED ABOUT 49 YEARS 2 SRI ANANTA NAGALINGA S/O LATE BASAVALINGAIAH AGED ABOUT 30 YEARS 3 SRI VINAYAKA S/O LATE BASAVALINGAIAH AGED ABOUT 25 YEARS 4 SRI DHARANEESHA S/O LATE BASAVALINGAIAH AGED ABOUT 23 YEARS 5 POORNIMA G B D/O LATE BASAVALINGAIAH AGED ABOUT 21 YEARS 6 PRABHULINGA S/O LATE BASAVALINGAIAH AGED ABOUT 7 YEARS SINCE APPELLANT NO.6 IS MINOR, HE IS REPRESENTED BY HIS MOTHER & NATURAL GUARDIAN, THE APPELLANT NO.1 ALL R/AT GUNDANA GOLLAHALLI, 2 KAREHALLI DODDI POST, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT 562 112 ...APPELLANTS ( BY SRI. V JAVAHAR BABU, ADV.) AND : 1 THE NEW INDIA ASSURANCE CO. LTD., D.O.1, NO.40, LAKSHMI COMPLEX, OPP .VANI VILAS HOSPITAL ROAD, FORT BANGALOER. 2 K NANJUNDAPPA S/O KEMPAIAH MAJOR NO.8,M GADIPALYA, THATAGUNE VILLAGE AND POST BANGALORE SOUTH TALUK 560 001 ...RESPONDENTS ( BY SRI M NARAYANAPPA, ADV. FOR R1 ) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.04.2010 PASSED IN MVC NO.2263/2009 ON THE FILE OF THE VII ADDITIONAL JUDGE, MEMBER MACT 3 COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT The appellant-claimants' appeal seeking for enhancement of compensation as against the judgment and award dated 22.04.2010 in M V C 3 No.2263/2009 on the file of the Motor Accident Claims Tribunal, at Bangalore (SCCH No.3). 2. The learned counsel for the appellants submits that the Tribunal has committed an error in taking Rs.14,000/- as the income instead of Rs.14,720/- after the retirement. The deceased left 2 years five months service for his superannuation. If the income of Rs.14,720/- is taken into consideration, the appellants would get Rs.1,12,365/- in addition to what has been awarded under loss of dependency. 3. The learned counsel for the insurance company submits that the income tax deducted by the Tribunal and income of the deceased has been rightly assessed. There is no error committed by the tribunal and therefore he seeks for dismissal of the appeal. 4. I have gone through the L.C.R. After the retirement, the deceased would get about Rs.14,720/- 4 but the Tribunal has taken only Rs.14,000/-. The same has to be considered for the purpose of income. Hence calculation would be Rs.14,720/- x 12 = Rs.1,76,640/-. After deduction of one-third towards personal expenses, it comes to Rs.1,17,760. This has to be multiplied by 6. It comes to Rs.7,06,650/-. 5. The loss of dependency for the period of in- service, the annual income after deduction would be Rs.2,15,302 which has to be multiplied by 3. It comes to Rs.6,45,906. Therefore, the total loss of dependency would be Rs.7,06,650 + Rs.6,45,706/- = Rs.13,52,356.00 as against Rs.12,40,101/- awarded by the Tribunal. The appeal is allowed in part accordingly. Sd/- JUDGE AKD "