Karnataka High Court
The Branch Manager vs Smt. Gangamma on 31 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:30323
MFA No. 4673 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4673 OF 2018 (MV)
BETWEEN:
THE BRANCH MANAGER
THE ORIENTAL INSURANCE CO. LTD
AKS COMPLEX, ASHOKA ROAD
SAGARA THROUGH ITS
BENGALURU REGIONAL OFFICE
NO.44/45/, LEO SHOPPING COMPLEX
RESIDENCY ROAD, BANGALORE - 560025.
REPRESENTED BY ITS BY ITS
DEPUTY MANAGER.
...APPELLANT
(BY SRI. S V HEGDE MULKHAND.,ADVOCATE)
AND:
Digitally signed by 1. SMT. GANGAMMA
HEMALATHA A W/O. LATE. SHEKARAPPA
Location: HIGH AGED ABOUT 50 YEARS
COURT OF
KARNATAKA
2. KUM. PAVITHRA
D/O. LATE. SHEKARAPPA
AGED ABOUT 26 YEARS
3. KUMARI SUDHA
D/O. LATE. SHEKARAPPA
AGED ABOUT 24 YEARS
ALL ARE R/O. KARIYANAHALLI VILLAGE
MATHIGHATTA POST, KASABA HOBLI, KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577548.
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NC: 2024:KHC:30323
MFA No. 4673 of 2018
4. RAJESH
S/O. MANJAPPA
AGED ABOUT 39 YEARS
R/O. 3RD CROSS, HOSAMANE
SHIVAMOGGA
NOW RESIDING AT: DODDAPETE
KADUR TOWN,
KADUR TALUK - 577548.
5. MADHUSUDHANA
S/O. MANJUNATHA,
MAJOR
R/O. DODDAPETE, KADUR TOWN
KADUR TALUK - 577548.
...RESPONDENTS
(BY SRI. PRAKASHA H C.,ADVOCATE FOR R1 TO R3:
NOTICE TO R4 & R5 SERVED & UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:27.03.2018
PASSED IN MVC NO.57/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALUR
DISTRICT, AWARDING COMPENSATION OF RS.8,67,282/-
WITH INTEREST AT 7% P.A. FROM THE DATE OF PETITION TILL
THE REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the Insurance Company being aggrieved by the -3- NC: 2024:KHC:30323 MFA No. 4673 of 2018 judgment dated 27.03.2018 passed by the Senior Civil Judge & MMACT, Kadur in MVC No.57/2013.
2. Facts giving rise to the filing of the appeal briefly stated are that on 11.07.2012, the deceased Shekarappa S/o Byrappa was traveling in an auto bearing Registration No.KA.18/A-6517 from Anchechomanahalli Village towards Kadur. When the auto was coming near Manju Durga saw mill in Kuppalu Village, at that time, due to no fault of respondent No.1 and deceased, the accident occurred. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 163-A of the Act, seeking compensation for the death of the deceased along with interest.
4. Upon service of notice, the respondents appeared through counsel and filed written statement denying the averments made in the claim petition. -4-
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5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimants, in order to prove the case, examined claimant No.1 as PW-1, and got exhibited documents namely Ex.P1 to Ex.P18. On behalf of respondents, one witness was examined as RW-1 and got exhibited documents namely Ex.R1 and Ex.R2. The Claims Tribunal, by the impugned judgment, inter alia, awarded a total compensation of Rs.8,67,282/- along with interest at the rate of 7% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the Insurance Company has submitted that although the claim petition was filed under Section 163-A of the Act, the Tribunal determined the compensation proceeding under Section 166 of the Act. Therefore, the relief granted by the Tribunal is contrary to the provisions of the Act, as the pleadings of the parties -5- NC: 2024:KHC:30323 MFA No. 4673 of 2018 were not in inconsistent with Section 163-A. Hence, he sought for allowing the appeal.
7. Per contra, the learned counsel appearing for the claimants has submitted that the specific case of the claimants is that the deceased was earning Rs.12,000/- per month. The tribunal considering his income, has granted compensation. He further contended that in view of law laid down by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC 5157], the claimants are entitled for conventional heads and in view of the judgment of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ 2782], the claimants are entitled for consortium. Therefore, the overall compensation awarded by the Tribunal is just and reasonable. Hence, he sought for dismissal of the appeal.
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8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.
9. It is not in dispute that Shekarappa died in the road traffic accident occurred on 11.07.2012 due to rash and negligent driving of the offending vehicle by its driver.
10. The claimants have filed a claim petition under Section 163-A of the Act. The compensation is to be determined in accordance with Schedule II of the Act. Therefore, the annual income of the deceased is to be considered as Rs.40,000/-. The Tribunal has rightly considered 1/3rd of the income of the deceased towards personal expenses and remaining amount has to be taken as his contribution to the family. The deceased was aged about 50 years at the time of the accident and multiplier applicable to his age group is '13'. Thus, the claimants are entitled to compensation of Rs.3,46,667/- (Rs.40,000 *13*2/3) on account of 'loss of dependency'. -7-
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11. In addition, the claimants are entitled to compensation of Rs.2,500/- on account of 'loss of estate' and compensation of Rs.2,000/- on account of 'funeral expenses'. Claimant No.1, wife of the deceased is entitled for compensation of Rs.5,000/- under the head of 'loss of spousal consortium'.
12. The compensation of Rs.2,282/- awarded by the Tribunal under the head of 'medical expenses' is based on the medical bills produced by the claimants and is deemed just and reasonable.
13. Thus, the claimants are entitled to the following compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 3,46,667
Funeral expenses 2,000
Loss of estate 2,500
Loss of spousal consortium 5,000
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MFA No. 4673 of 2018
Medical expenses 2,282
Total 3,58,449
14. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimants are entitled to a total compensation of Rs.3,58,449/- as against Rs.8,67,282/- awarded by the Tribunal.
d) The Insurance Company is directed to deposit the compensation amount along with interest at 7% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this judgment.
e) The amount in deposit, if any, shall be transmitted to the Tribunal.
f) If there is any excess amount deposited by the Insurance Company, the same may be refunded to the Insurance Company, after due verification. -9-
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g) The apportionment, deposit and release of amount shall be made in accordance with the terms of the award of the Tribunal.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE HA List No.: 2 Sl No.: 89