Reliance Gen.Ins.Co.Ltd vs Indira Bai And Anr
2021 Latest Caselaw 7009 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 22ND DAY OF DECEMBER 2021

                          PRESENT

         THE HON'BLE MR.JUSTICE R. DEVDAS
                             AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

MISCELLANEOUS FIRST APPEAL No.200451/2021 (MV)


BETWEEN:

Reliance Gen. Ins. Co. Ltd.,
Through its Branch Manager
Asian Plaza, Near S.V.P. Chowk
Station Area, Kalaburagi-585102
(Now represented by authorized
Singatory, Deshpande Nagar
Hubli)
                                            ... Appellant

(By Smt. Preeti Patil Melkundi, Advocate)

AND:

1.     Indira Bai W/o Chandrasha Kore
       Age: 52 years, Occ: Household

2.     Chandrasha S/o Laxman Kore
       Age: 62 years, Occ: Agriculture

       Both R/o Guddewadi
       Post: Anakalage, Tq. Akkalkot
       Dist: Solapur, Now at Devi Nagar
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      Aland Road, Kalaburagi-585101

3.    Sangamesh S/o Channmallappa
      Age: Major, Occ: Business
      R/o Rajapur, Tq. Chittapur
      Dist: Kalaburagi-585101
                                                  ... Respondents

(By Sri Sanjeev Patil, Advocate for R1 and R2;
 R3 - served)

      This MFA is filed under Section 173(1) of the Motor
Vehicles Act, praying to allow the appeal by setting aside the
impugned judgment and award dated 09.02.2021 in MVC
No.500/2019 passed by the II Additional Senior Civil Judge
and MACT Kalaburagi.

     This appeal coming on for admission this day,
Rajendra Badamikar, J., delivered the following:

                         JUDGMENT

This appeal is filed under Section 173 (1) of Motor

Vehicles Act, 1988 by the Insurance Company

challenging the judgment and award passed by the II

Additional Senior Civil Judge and Member, MACT,

Kalaburagi in MVC No.500/2019 dated 09.02.2021

whereby the Tribunal has awarded total compensation

of `20,00,400/- to the respondent Nos.1 and

2/claimants under various heads with interest at the

rate of 6% per annum.

2. The Insurance Company being aggrieved by the

judgment and award, has filed this appeal. It is the

contention of the appellant - Insurance Company that

there is contributory negligence on the part of the rider

of the motor cycle on which the deceased was

proceeding. Further, the Insurance Company has also

disputed the quantum on the ground that it is on the

higher side. Further, the contention of the appellant is

that there are no eyewitnesses to the alleged accident

and hence disputed the liability.

3. Per contra, learned counsel for the

respondents-claimants supported the award passed by

the Tribunal contending that the Tribunal has

appreciated the oral and documentary evidence in

proper perspective, as the offending vehicle knocked

down the motor cycle from behind and as such

contributory negligence cannot be attributed to the rider

of the motor cycle. He would also submit that the

Tribunal, after considering the earning capacity and

other aspects, has awarded a reasonable compensation

under various heads in accordance with law and it does

not call for any interference. As such, he would seek for

rejection of the appeal.

4. We have heard both the learned counsels

appearing for the appellant and the respondents at

length and have given our anxious consideration to

their submissions.

5. It is the specific contention of the claimants

that on 22.02.2019 at 7.00 p.m. deceased Shivasharan

had been to Devala Ganagapur village on a motor cycle

bearing Reg.No.MH-13/CF-5317 for his personal work

and near Shivapur cross the rider of the motor cycle

bearing Reg.No.KA-32/EF-9302 rode it in a rash and

negligent manner and dashed the motor cycle of the

deceased from behind, resulting in the accident and as

such deceased Shivasharan sustained fatal injuries and

succumbed to the injuries in the hospital on

23.02.2019. The records clearly disclose that the FIR

was registered against the rider of the motor cycle

bearing Reg.No.KA-32/EF-9302. Further, he was also

charge sheeted and it is also evident that the

Investigating Officer, during the course of the

investigation, recorded the statement of the

eyewitnesses also. The said charge sheet has not been

challenged by the Insurance Company. Hence, now it is

not open for the Insurance Company to argue that there

is contributory negligence on the part of the deceased.

The Tribunal has appreciated the oral and documentary

evidence and has held that the accident has occurred

because of actionable negligence on the part of the rider

of the motor cycle bearing Reg.No.KA-32/EF-9302. The

Insurance Company has also not let in any evidence to

substantiate its contention. Under these

circumstances, the Tribunal is justified in fastening the

liability on the Insurance Company and the said finding

does not call for any interference.

6. On perusal of the records it is evident that the

Tribunal has taken the income of the deceased at the

rate of `13,250/- per month as per Lok Adalath chart

and has also considered 40% towards future prospects

as per the decision of the Hon'ble Apex Court in the

case of National Insurance Company Limited vs.

Pranay Sethi & others reported in (2017) 16 SCC 680

and has also awarded filial consortium of `80,000/-.

Hence, at no stretch of imagination it can be said that

the compensation awarded by the Tribunal is on the

higher side. The Tribunal, after considering the age and

the notional income of the deceased, has awarded just

compensation. Further, the medical expenses were also

awarded as per the records placed before the Tribunal.

Under these circumstances the Insurance Company has

failed to substantiate the contention that the

compensation awarded is on the higher side.

7. Considering these facts and circumstances, we

are of the considered opinion that the appeal is devoid

of any merit and needs to be rejected. Accordingly, we

proceed to pass the following:

ORDER

The appeal is dismissed by confirming the

judgment and award passed by the II Additional Senior

Civil Judge and Member, MACT, Kalaburagi in MVC

No.500/2019 dated 09.02.2021.

The amount deposited by the Insurance Company

before this Court, shall be transmitted to the Tribunal,

forthwith.

Sd/-

JUDGE

Sd/-

JUDGE swk