Karnataka High Court
Sri Puttaswamy vs Royal Sundaram Gen Ins Co Ltd on 27 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 3354 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3353 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO. 3358 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO. 4711 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO. 4712 OF 2019 (MV-D),
MISCELLANEOUS FIRST APPEAL NO. 4713 OF 2019 (MV-I)
IN MISCELLANEOUS FIRST APPEAL NO. 3354 OF 2019:
BETWEEN:
SRI. PUTTASWAMY
S/O. MAYIGEGOWDA,
AGED ABOUT 51 YEARS,
R/AT: NO.5, 32ND MAIN ROAD,
ASTALAKSHMI LAYOUT,
PUTTENAHALLI, J.P. NAGARA,
Digitally signed by B 6TH PHASE, BENGALURU-560 078.
K ...APPELLANT
MAHENDRAKUMAR
(BY SRI. PRAKASH M.H., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. ROYAL SUNDARAM GEN. INS. CO. LTD.,
OFFICE AT NO.30, 3RD FLOOR,
JNR CITY CENTRE, RAJA RAM MOHAN ROY ROAD,
SAMPANGIRAM NAGAR,
BENGALURU-560 027,
REP. BY ITS MANAGER.
2. THE MANAGING DIRECTOR
KSRTC DEPT., SHANTHINAGARA,
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NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
K.H. ROAD, BENGALURU-560 027.
3. SRI. RAMAKRISHNA
S/O. MAYIGEGOWDA,
MAJOR, R/AT NO.8, 3RD CROSS,
BIRESHWARANAGAR,
CHUNCHAGATTA MAIN ROAD,
BENGALURU-560 062.
...RESPONDENTS
(BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R-1;
SRI. RAJASHEKAR, ADVOCATE FOR R-2;
R-3 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC
NO.5347/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE & MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO. 3353 OF 2019:
BETWEEN:
1. SRI PUTTASWAMY
S/O MAYIGEGOWDA
AGED ABOUT 51 YEARS
2. SRI KIRAN @ KIRAN KUMAR
S/O PUTTASWAMY
AGED ABOUT 27 YEARS
BOTH ARE R/AT: NO.5, 32ND MAIN ROAD
ASTALAKSHMI LAYOUT
PUTTENAHALLI, J.P. NAGARA
6TH PHASE, BENGALURU-560 078.
...APPELLANTS
(BY SRI. PRAKASH M.H., ADVOCATE)
-3-
NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
AND:
1. ROYAL SUNDARAM GEN. INS. CO. LTD.,
OFFICE AT NO.30, 3RD FLOOR
JNR CITY CENTRE, RAJA RAM MOHAN ROY ROAD
SAMPANGIRAM NAGAR
BENGALURU-560 027
REP. BY ITS MANAGER.
2. SRI RAMAKRISHNA
S/O MAYIGEGOWDA
MAJOR
R/AT NO.8, 3RD CROSS
BIRESHWARANAGAR
CHUNCHAGATTA MAIN ROAD
BENGALURU-560 062.
3. THE MANAGING DIRECTOR
KSRTC DEPT,
SHANTHINAGAR, K.H. ROAD,
BENGALURU-27.
...RESPONDENTS
(BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R-1;
V/O DATED 8.6.2023 NOTICE TO R2 IS D/W;
SRI RAJASHEKAR, ADVOCATE FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC
NO.5348/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO. 3358 OF 2019:
BETWEEN:
1. SRI PUTTASWAMY
S/O MAYIGEGOWDA
AGED ABOUT 52 YEARS
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NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
2. SRI KIRAN @ KIRAN KUMAR
S/O PUTTASWAMY
AGED ABOUT 28 YEARS
3. SRI MAYIGEGOWDA
S/O LATE HOMBALEGOWDA
AGED ABOUT 83 YEARS
4. SMT. NINGAMMA @ DODDATHAYAMMA
W/O MAYIGEGOWDA
AGED ABOUT 73 YEARS
1ST AND 2ND PETITIONER ARE
R/AT: NO.5, 32ND MAIN ROAD
ASTALAKSHMI LAYOUT
PUTTENAHALLI, J.P. NAGARA
6TH PHASE
BENGALURU-560 078.
3RD AND 4TH PETITIONERS ARE
R/AT: BHUGATAHALLI VILLAGE
BANNUR HOBLI
T. NARASIPURA TALUK
MYSORE DISTRICT-571 101.
...APPELLANTS
(BY SRI. PRAKASH M.H., ADVOCATE)
AND:
1. ROYAL SUNDARAM GEN. INS. CO. LTD.,
OFFICE AT NO.30, 3RD FLOOR,
JNR CITY CENTRE, RAJA RAM MOHAN ROY ROAD
SAMPANGIRAM NAGAR
BENGALURU-560 027
REP. BY ITS MANAGER.
2. THE MANAGING DIRECTOR
KSRTC DEPT
SHANTHINAGAR, K.K. ROAD
BANGALORE-27.
-5-
NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
3. SRI RAMAKRISHNA
S/O MAYIGEGOWDA
R/AT NO.8, 3RD CROSS
BIRESHWARANAGAR
CHUNCHAGATTA MAIN ROAD
BENGALURU-560 062.
...RESPONDENTS
(BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R1;
SRI. F.S. DABALI, ADVOCATE FOR R3;
V/O DATED 8.6.2023 NOTICE TO R2 IS D/W)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC
NO.5349/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO. 4711 OF 2019:
BETWEEN:
THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL HEAD OFFICE,
K.H. ROAD, DOUBLE ROAD,
SHANTHINAGAR, BENGALURU-560 027
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. PRAKASH M.H., ADVOCATE)
AND:
1. PUTTASWAMY
S/O MAYIGEGOWDA,
AGED ABOUT 52 YEARS,
NO.5, 32ND MAIN ROAD,
ASTALAKSHMI LAYOUT,
PUTTENAHALLI, J.P. NAGAR,
6TH PHASE, BENGALURU-560 078.
-6-
NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
2. KIRAN @ KIRAN KUMAR
S/O PUTTASWAMY,
AGED ABOUT 28 YEARS,
NO.5, 32ND MAIN ROAD,
ASTALAKSHMI LAYOUT,
PUTTENAHALLI, J.P.NAGAR,
6TH PHASE, BENGALURU-560 078.
3. MAYIGEGOWDA
S/O LATE HOMBALEGOWDA,
AGED ABOUT 80 YEARS
R/AT BHUGATAHALLI VILLAGE,
BANNUR HOBLI, T. NARASIPURA TALUK,
MYSORE DISTRICT.
4. SMT. NINGAMMA @ DODDATAYAMMA
W/O MAYIGEGOWDA,
AGED ABOUT 70 YEARS
R/AT BHUGATAHALLI VILLAGE,
BANNUR HOBLI, T. NARASIPURA TALUK,
MYSORE DISTRICT.
5. MR. RAMAKRISHNA
S/O MAYIGEGOWDA, MAJOR,
R/AT NO.8, 3RD CROSS,
BIRESHWARA NAGARA,
CHUNCHAGATTA MAIN ROAD,
BANGALORE-560 062.
6. ROYAL SUNDARAM GENERAL
INSURANCE COMPANY
OFFICE AT NO.30, 3RD FLOOR,
J.N.R. CITY CENTRE, RAJA RAM
MOHAN ROY ROAD, SAMPANGIRAM NAGAR,
BANGALORE-560 027.
...RESPONDENTS
(BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R1;
SRI. F.S. DABALI, ADVOCATE FOR R3;
V/O DATED 8.06.2023 NOTICE TO R2 IS D/W)
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NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC
NO.5349/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.10,04,956/- WITH
INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE
DATE OF REALIZATION.
IN MISCELLANEOUS FIRST APPEAL NO. 4712 OF 2019:
BETWEEN:
THE MANAGING DIRECTOR
KSRTC, CENTRAL HEAD OFFICE
K.H. ROAD, DOUBLE ROAD
SHANTHINAGAR, BENGALURU-560 027
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
1. PUTTASWAMY
S/O MAYIGEGOWDA
AGED ABOUT 52 YEARS
NO.5, 32ND MAIN ROAD
ASTALAKSHMI LAYOUT
PUTTENAHALLI, J P NAGAR
6TH PHASE, BENGALURU-560 078.
2. KIRAN @ KIRAN KUMAR
S/O PUTTASWAMY
AGED ABOUT 28 YEARS
NO.5, 32ND MAIN ROAD
ASTALAKSHMI LAYOUT
PUTTENAHALLI J P NAGAR
6TH PHASE, BENGALURU-560 078.
3. MR. RAMAKRISHNA
S/O MAYIGEGOWDA
MAJOR
-8-
NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
R/AT NO.8, 3RD CROSS
BIRESHWARA NAGARA
CHUNCHAGATTA MAIN ROAD
BANGALORE-560 062.
4. ROYAL SUNDARAM GENERAL INSURANCE COMPANY
OFFICE AT NO.30, 3RD FLOOR
J.N.R. CITY CENTRE,
RAJA RAM MOHAN ROY ROAD
SAMPANGIRAM NAGAR
BANGALORE-560 027.
...RESPONDENTS
(BY SRI. PRAKASH M.H., ADVOCATE FOR R1 AND R4;
SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R6;
V/O DATED 8/06/2023 NOTICE TO R5 AND R2 IS D/W)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.12.2018 PASSED IN MVC
NO.5348/2017 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU
(SCCH-11), AWARDING COMPENSATION OF RS.1,10,000/- WITH
INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE
DATE OF REALIZATION.
MISCELLANEOUS FIRST APPEAL NO. 4713 OF 2019:
BETWEEN:
THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL HEAD OFFICE
K.H.ROAD, DOUBLE ROAD
SHANTHINAGAR, BENGALURU-560 027
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
1. PUTTASWAMY
S/O MAYIGEGOWDA
AGED ABOUT 52 YEARS
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NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
NO.5, 32ND MAIN ROAD
ASTALAKSHMI LAYOUT
PUTTENAHALLI , J.P. NAGAR
6TH PHASE, BENGALURU-560 078.
2. MR. RAMAKRISHNA
S/O MAYIGEGOWDA, MAJOR
R/AT NO.8, 3RD CROSS, BIRESHWARA
NAGARA, CHUNCHAGATTA MAIN ROAD
BANGALORE-560 062.
3. ROYAL SUNDARAM GENERAL
INSURANCE COMPANY
OFFICE AT NO.30, 3RD FLOOR
J.N.R. CITY CENTRE , RAJA RAM
MOHAN ROY ROAD, SAMPANGIRAM NAGAR,
BANGALORE-560 027.
...RESPONDENTS
(BY SRI. PRAKASH M.H., ADVOCATE FOR R-1;
SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-3;
V/O DATED 08.06.2023 NOTICE TO R2 IS HELD SUFFICIENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31/12/2018, PASSED IN MVC
NO.5347/2017, ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE AND MACT, (SCCH-11), AWARDING COMPENSATION OF
RS.3,55,775/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE
DATE OF PETITION TILL THE DATE OF REALIZATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals under Section 173(1) of M V Act arise out of the judgment and award dated 31.12.2018 passed by the MACT, Bangalore (SCCH-11) in MVC Nos.5347, 5348 and 5349 of 2017.
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2. The claimants filed three claim petitions under Section 166 of the Motor Vehicles Act on account of claimant Puttaswamy having sustained injuries and the deaths of his wife and daughter in a road traffic accident that occurred on August 25, 2017. The Tribunal awarded compensation amounts of Rs.3,55,775 in MVC No.5347/2017, Rs.1,10,000 in MVC No.5348/2017, and Rs.10,04,956 in MVC No.5349/2017. The liability to pay the compensation was assigned to the insurers of the Maruti van and the KSRTC, with each bearing 50% of the responsibility due to contributory negligence on the part of the drivers of both vehicles. Dissatisfied with the decision, the claimants have appealed for enhanced compensation, and the KSRTC has appealed against its 50% liability.
3. Upon hearing the learned counsel for the claimants, the Insurance Company, and the KSRTC, and after reviewing the trial court records, the following points have been noted:
i) The occurrence of the accident on August 25, 2017, involving a Maruti van and a KSRTC bus is undisputed. It is also undisputed that Puttaswamy sustained injuries and that his wife and daughter died in the accident. The police investigation resulted in a charge sheet against the driver of the Maruti van. However, the Tribunal attributed 50% negligence to the bus driver, despite the charge sheet being filed against the driver of the Maruti Van.
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ii) Exhibit P5, the spot sketch, indicates that while the bus was proceeding on the left side of the road, the van driver collided with the bus from the opposite direction. This evidence clearly establishes that the accident occurred solely due to the rash and negligent driving of the Maruti van driver. Consequently, attributing 50% negligence to the bus driver contradicts the evidence on record.
In MFA No. 3354/2019 (MVC No. 5347/2017):
4. The claimant was 54 years old at the time of the accident. In the absence of proof of income, the notional income is assessed at Rs.11,000 per month as per the Karnataka Legal Service Authority's chart, instead of the Rs.8,500 per month assessed by the Tribunal. The claimant suffered a type-II compound fracture of the tibia and fibula of the right leg and facial injuries.
5. The doctor, examined as PW2, assessed the permanent disability at 11% of the whole body and the functional disability at 8%. Considering the nature of the injuries, the compensation determined by the Tribunal is reassessed as follows:
Tribunal High Court
Rs. Rs.
1. Towards loss of earning 44,800/- 71,360/-
capacity
2. Pain and sufferings 10,000/- 30,000/-
3. Loss of amenities in life 10,000/- 20,000/-
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NC: 2024:KHC:23963
MFA No. 3354 of 2019
C/W MFA No. 3353 of 2019
MFA No. 3358 of 2019
MFA No. 4711 of 2019
MFA No. 4712 of 2019
MFA No. 4713 of 2019
4. Medical expenses 2,68,975/- ------------
5. Towards conveyance, attendant 5,000/- 10,000/-
charges, food and nourished
food
6. Loss of income during laid up 17,000/- 15,000/-
period
7. Future medical expenses ------- 20,000/-
Total 3,55,775/- 1,66,360/-
6. Thus, the claimant is entitled to a total compensation of Rs.5,66,935 instead of Rs.3,55,775 awarded by the Tribunal. The enhanced compensation of Rs.1,66,360 shall carry interest at 6% per annum from the date of the petition until realization.
In MFA No. 3353/2019 (MVC No. 5348/2019):
7. The claim petition was filed for the death of the claimant's daughter, who was 18 years old at the time of the accident. Without proof of income, the notional income is assessed at Rs.11,000 per month, adding 40% for future prospects and deducting 50% for personal expenses. This totals Rs.16,63,200 (Rs.11,000 x 140% = Rs.15,400 - 50% = Rs.7,700 x 12 x 18). Therefore, the claimants are entitled to compensation of Rs.16,63,200 for loss of dependency. Additionally, they are entitled to Rs.40,000 each (Rs.40,000 x 4 = Rs.1,60,000) towards consortium, and Rs.30,000 for funeral expenses and loss of estate.
8. The total compensation amounts to Rs.18,53,200, compared to the Rs.10,04,956 awarded by the Tribunal. The
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NC: 2024:KHC:23963 MFA No. 3354 of 2019 C/W MFA No. 3353 of 2019 MFA No. 3358 of 2019 MFA No. 4711 of 2019 MFA No. 4712 of 2019 MFA No. 4713 of 2019 enhanced compensation of Rs.8,48,244 shall carry interest at 6% per annum from the date of the petition until realization.
In MFA No.3358/2019 (MVC No. 5349/2017):
9. This claim petition was filed for compensation for the death of the claimant's wife, who was 50 years old at the time of the accident. Without proof of income, her notional income is assessed at Rs.11,000 per month, with a 10% addition for future prospects, totaling Rs.12,100. Therefore, the claimants are entitled to Rs.10,64,755 for loss of dependency, compared to the Rs.9,34,956 awarded by the Tribunal. They are also entitled to Rs.40,000 each (Rs.40,000 x 4 = Rs.1,60,000) towards consortium.
10. The total compensation amounts to Rs.12,54,800, compared to the Rs.10,04,956 awarded by the Tribunal. The enhanced compensation of Rs.3,19,800 shall carry interest at 6% per annum from the date of the petition until realization.
11. The Karnataka State Road Transport Corporation (KSRTC) is absolved of its liability to pay 50% of the compensation in all claim petitions, and the Insurance Company is now liable to pay the entire amount of compensation with interest to the claimants. Accordingly, the impugned judgment and award are modified.
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12. The statutory amounts deposited by the appellants in MFA Nos. 4711, 4712, and 4713 of 2019 should be returned to the appellants.
13. The claimant in MVC No. 5348/2017 and MVC No.5347/2017 is entitled to the entire amount of compensation awarded. In MVC No. 5349/2017, 50% of the compensation shall be released in favor of the claimants as per the Tribunal's apportionment, and the remaining amount shall be kept in a fixed deposit in favor of the claimants, in accordance with the Tribunal's judgment and award.
14. The Insurance Company before the Tribunal is now liable to pay the entire compensation to the claimants.
15. In view of the above, the appeals in MFA Nos.3354, 3353, and 3358 of 2019 are allowed in part, and MFA Nos.4711, 4712, and 4713 of 2019 are also allowed.
Sd/-
JUDGE BKM