Karnataka High Court
Smt Thippamma vs National Insurance Co Ltd on 16 January, 2021
Author: S.Sujatha And M.I.Arun
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
M.F.A.No.7843/2019 (MV)
BETWEEN :
1. SMT.THIPPAMMA
W/O LATE SANNA THIPPAIAH,
AGED ABOUT 32 YEARS, HOUSEWIFE
2. AISHWARYA
D/O LATE SANNA THIPPAIAH,
AGED ABOUT 10 YEARS,
3. SIRI
D/O LATE SANNA THIPPAIAH,
AGED ABOUT 7 YEARS,
4. SUNIL
S/O LATE SANNA THIPPAIAH,
AGED ABOUT 5 YEARS,
APPELLANT Nos.2 TO 4 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER APPELLANT NO.1
ALL ARE R/AT NELAGETHANAHALLI VILLAGE,
CHALLAKERE TALUK,
NOW R/AT JODIMATTI ROAD,
PRASHANTH NAGAR,
CHITRADURGA CITY-577501. ...APPELLANTS
(BY SRI SPOORTHY HEGDE.N., ADV.)
-2-
AND :
1. NATIONAL INSURANCE CO. LTD.,
REP BY ITS BRANCH MANAGER,
BRANCH OFFICE,
JAGALURU MAHALINGAPPA COMPLEX,
B.D.ROAD, CHITRADURGA-577501.
2. E.VEERESH
S/O ERAPPA V., MAJOR,
OWNER OF THE BUS BEARING
REG NO.KA-17-B-1962,
R/O # 131/2, 4TH CROSS,
JAMBANNA COMPOUND,
K.B.EXTENSION,
DAVANAGERE-577002. ...RESPONDENTS
(BY SRI RAVISHANKAR.A., ADV. FOR R-1;
V/O DATED 08.01.2021, NOTICE TO R-2 IS DISPENSED WITH.)
THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
17.02.2018 PASSED IN MVC No.187/2017 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and
award dated 17.02.2018 passed in MVC No.187/2017
on the file of the Principal Senior Civil Judge and CJM,
Chitradurga [Tribunal for short].
2. The appellants being the widow and children
of the deceased Sanna Thippaiah had filed the claim
petition under Section 166 of the Motor Vehicles Act,
1988 claiming compensation for the death of Sanna
Thippaiah in the road traffic accident which occurred on
14.07.2016 at about 04.30 p.m.
3. It was averred in the claim petition that on
the ill-fated day i.e., on 14.07.2016, the deceased was
traveling as a pillion along with Sri.Thippesh [rider] in a
motorcycle bearing registration No.KA-16-K-6342 from
Chikkanavadi village towards Holalkere, when they
reached near double electrical pole, Adanur village,
Chitradurga Taluk, the driver of the bus bearing
registration No.KA-17-B-1962 [offending vehicle] came
from opposite direction in a rash and negligent manner
with high speed and dashed against the motorcycle.
Due to which, the deceased as well as the rider of the
motorbike sustained injuries and they took treatment at
C.G. Hospital, Davanagere. However, Sanna Thippaiah
succumbed to the accidental injuries during treatment
at C.G. Hospital.
4. It was contended that deceased was aged
about 36 years at the time of the accident and was
earning Rs.10,000/- p.m., by doing coolie and
agricultural work. The claimants were depending on
him for their livelihood. Due to untimely death of the
deceased, they have lost the love and affection and the
dependency etc. On these set of facts and grounds,
claimants had sought for compensation.
5. In response to the service of notice,
respondent No.1 did not appear before the Tribunal and
was placed exparte. The respondent No.2 - insurer
appeared through its counsel and filed objections
denying the petition averments. The primary defence
taken was that the respondent No.1 - owner of the bus
had entrusted his bus to the driver of the bus who had
no driving licence and hence he has violated the policy
and permit conditions. Admitting the issuance of policy,
it was contended that the liability if any, is subject to
the terms and conditions of the RC, FC, Permit and
policy of the offending vehicle.
6. This claim petition was clubbed with the
claim petition filed by the rider in MVC No.186/2017
and a common judgment was passed by the Tribunal
allowing the petition of the claimant in part, awarding
total compensation of Rs.10,94,000/- with interest at
9% p.a., from the date of the petition till its realization
in MVC No.187/2017 filed by the appellants herein.
7. Being aggrieved by the same, the claimants
have preferred the present appeal seeking enhancement
of compensation.
8. Learned counsel for the claimants submitted
that the Tribunal has determined the monthly income of
the deceased at Rs.8,000/- notionally ignoring the
material evidence on record. Further the compensation
awarded under the different conventional heads is
meager and the same requires to be enhanced
substantially having regard to the facts and
circumstances of the case.
9. Learned counsel for the insurer submitted
that the Tribunal on proper analysis of oral and
documentary evidence has awarded just and reasonable
compensation which requires to be confirmed
dismissing the appeal.
10. We have heard the learned counsel
appearing for the parties and perused the material on
record.
11. The Tribunal has determined the monthly
income of the deceased at Rs.8,000/- notionally. The
same deserves to be enhanced having regard to the
chart prepared by the Karnataka State Legal Services
Authority. Referring to the same, the monthly income of
the deceased is re-determined at Rs.9,500/- adding
40% to the same, as the deceased was aged about 36
years at the time of the accident, the total monthly
income would be Rs.13,300/- [Rs.9,500+3,800].
Applying the multiplier of 16, deducting 1/4th towards
the personal and living expenses of the deceased, the
loss of dependency would work out to Rs19,15,200/-
[13,300 x 12 x 16 x ¾].
12. In terms of the dictum of the Hon'ble Apex
Court in the case of National Insurance Company
Limited Vs. Pranay Sethi and others reported in
(2017) 16 SCC 680 and New India Assurance
Company Limited v/s. Somwati and others reported
in (2020) 9 SCC 644, the claimants are entitled to
compensation of Rs.1,90,000/- under the conventional
heads viz., Rs.40,000/- towards loss of spousal
consortium; Rs.1,20,000/- towards loss of parental
consortium [Rs.40,000/- each to the child]; Rs.15,000/-
towards loss of estate and Rs.15,000/- towards funeral
expenses.
13. For the reasons aforesaid, the total
compensation awarded by the Tribunal is re-assessed
as under:
Amount [in
Sl.No. Particulars
Rs.]
1. Loss of dependency 19,15,200/-
2. Loss of Spousal Consortium 40,000/-
Loss of Parental Consortium
3. 1,20,000/-
[Rs.40,000/- each to the child]
4. Loss of estate 15,000/-
5. Towards funeral expenses 15,000/-
Total 21,05,200/-
Thus, the claimants shall be entitled to total
compensation of Rs.21,05,200/- with interest at the
rate of 6% per annum on the enhanced compensation
from the date of the claim petition till the date of
realization.
14. Hence, the following:
ORDER
i] The appeal is allowed in part.
ii] The total compensation awarded by the
Tribunal is modified and enhanced to
Rs.21,05,200/- as against Rs.10,94,000/-
with interest at the rate of 6% per annum on
the enhanced compensation from the date of
the claim petition till its realization.
iii] However, the claimants shall not be entitled
to interest for the delayed period of 488 days
caused in filing the appeal before this Court
in terms of the order of this Court dated
16.01.2021.
iv] The portion of the order of the Tribunal
inasmuch as liability, apportionment and
disbursement remains intact.
- 10 -
v] The insurance company shall deposit the
amount determined as aforesaid before the
Tribunal within 90 days from the date of
receipt of the certified copy of the judgment
and order.
vi] The modified compensation amount shall be
apportioned and disbursed in terms of the
order of the Tribunal.
vii] Draw modified award accordingly.
viii] All pending I.As. stand disposed of
accordingly.
SD/-
JUDGE
SD/-
JUDGE
NC.
