Karnataka High Court
Smt.Shantavva W/O Gavisidayya ... vs The Divisional Manager on 22 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22 N D DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No. 104140/2018 (MV)
C/W
M.F.A.No104141/2018
M.F.A.No104142/2018
M.F.A.No104143/2018
M.F.A.No104144/2018
IN M.F.A.No.104140/2018
BET WEEN
1 . SMT.SHANT AVVA W/O GAVIS IDAYYA HIREMATH,
AGE: 41 YEARS, OCC: UNEMPLOYED AND HOUSEWIFE,
B ELAVATAGI, TAL: NAVALGU ND,
DIST: DHARWAD-582208.
2 . SMT.DRAKSHAYANI
W/O SRIKANT AY YA HIREMATH,
AGE: 53 YEARS, OCC: UNEMPLOYED AND HOUSEWIFE,
R/O: Y.S.HADAGALI, TAL: RON,
DIST: GADAG- 582209.
...APPELLANTS
(BY SRI.SURESH SHETTAMMANAVAR, AND
SRI.S.K.NADAMANI, ADVOCAT ES)
AND
1 . THE DIV IS IONAL MANAGER,
NWKRT C SELF INSU RANCE,
GOKUL ROAD, HU BB ALLI-580009.
2 . CHOLA MANDALA GENERAL INSU RNACE CO. LTD.,
DESAI CROSS, HU BB ALLI- 5800 09.
3 . SMT.RU DRAMMA W/O MUDAVEERAYYA KU LKARNI,
AGE: NOT KNOWN, OCC: HOUSEHOLD WORK,
2
R/O: YASA HADAGALI,
TAL: RON, GADAG-5822 09.
...RESPONDENTS
(BY SRI.S.S.BADAWADAGI, ADVOCATE FOR R1;
SRI.S.J .B ADDI, ADVOCATE FOR R2;
NOT ICE T O R3 DIS PENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 05.05.2 015 PASS ED IN
MVC No.395/2013 ON THE FILE OF THE PR INCIPAL SENIOR
CIVIL JU DGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIB UNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.No.104141/2018
BET WEEN
1 . SMT.SHANT AVVA W/O GAVIS IDAYYA HIREMATH,
AGE: 41 YEARS, OCC: UNEMPLOYED AND HOUSEWIFE,
B ELAVATAGI, TAL: NAVALGU ND,
DIST: DHARWAD.
2 . SMT.DRAKSHAYANI
W/O SRIKANT AY YA HIREMATH,
AGE: 53 YEARS, OCC: UNEMPLOYED AND HOUSEWIFE,
R/O: Y.S.HADAGALI, TAL: RON,
DIST: GADAG.
...APPELLANTS
(BY SRI.SURESH SHETTAMMANAVAR, AND
SRI.S.K.NADAMANI, ADVOCAT ES)
AND
1 . THE DIV IS IONAL MANAGER,
NWKRT C SELF INSU RANCE,
GOKUL ROAD, HU BB ALLI.
2 . CHOLA MANDALA GENERAL INSU RNACE CO. LTD.,
DESAI CROSS, HU BB ALLI.
3 . SMT.RU DRAMMA W/O MUDAVEERAYYA KU LKARNI,
AGE: NOT KNOWN, OCC: HOUSEHOLD WORK,
3
R/O: YASA HADAGALI,
TAL: RON, GADAG-5822 09.
...RESPONDENTS
(BY SRI.S.S.BADAWADAGI, ADVOCATE FOR R1;
NOT ICE T O R1, R2 AND R3 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 05.05.2 015 PASS ED IN
MVC No.388/2013 ON THE FILE OF THE PR INCIPAL SENIOR
CIVIL JU DGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIB UNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.No104142/2018
BET WEEN
SMT .SHANTAVVA W/O GAVIS IDAYY A HIREMATH,
AGE: 41 YEARS, OCC: U NEMPLOYED AND HOU SEWIFE,
R/O: HU BB ALLI,
PRASENTLY RESIDING AT:
BELAVATAGI, TAL: NAVALGUND,
DIST: DHARWAD.
...APPELLANT
(BY SRI.SURESH SHETTAMMANAVAR, AND
SRI.S.K.NADAMANI, ADVOCAT ES)
AND
1 . THE DIV IS IONAL MANAGER
NWKRT C SELF INSU RANCE,
GOKUL ROAD, HU BB ALLI.
2 . CHOLA MANDALA GENERAL INSU RNACE CO. LTD.,
DESAI CROSS, HU BB ALLI.
3 . SMT.RU DRAMMA W/O MUDAVEERAYYA KU LKARNI,
AGE: NOT KNOWN, OCC: HOUSEHOLD WORK,
R/O: YASA HADAGALI,
TAL: RON, GADAG.
...RESPONDENTS
(BY SRI.S.S.BADAWADAGI, ADVOCATE FOR R1;
NOT ICE T O R2 AND R3 DISPENSED WITH)
4
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 05.05.2015 PASS ED IN
MVC No.390/2013 ON THE FILE OF THE PR INCIPAL SENIOR
CIVIL JU DGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIB UNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.No104143/2018
BET WEEN
SMT .DRAKSHAYANI
W/O SRIKANTAYYA HIREMAT H,
AGE: 53 YEARS, OCC: U NEMPLOYED AND HOU SEWIFE,
R/O: HU BB ALLI,
PRASENTLY RESIDING AT:
Y.S.HADAGALI, TAL: RON,
DIST: DHARWAD.
...APPELLANT
(BY SRI.SURESH SHETTAMMANAVAR, AND
SRI.S.K.NADAMANI, ADVOCAT ES)
AND
1 . THE DIV IS IONAL MANAGER
NWKRT C SELF INSU RANCE,
GOKUL ROAD, HU BB ALLI.
2 . CHOLA MANDALA GENERAL INSU RNACE CO. LTD.,
DESAI CROSS, HU BB ALLI.
3 . SMT.RU DRAMMA W/O MUDAVEERAYYA KU LKARNI,
AGE: NOT KNOWN, OCC: HOUSEHOLD WORK,
R/O: YASA HADAGALI,
TAL: RON, GADAG.
...RESPONDENTS
(BY SRI.S.S.BADAWADAGI, ADVOCATE FOR R1;
NOT ICE T O R2 AND R3 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 05.05.2 015 PASS ED IN
MVC No.389/2013 ON THE FILE OF THE PR INCIPAL SENIOR
5
CIVIL JU DGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIB UNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.No104144/2018
BET WEEN
LIN GAYY A S/O SRIKANTAYYA HIREMATH,
AGE: 32 YEARS, OCC: COOLIE WORK ,
R/O: HU BB ALLI,
PRESENT LY RES IDING AT
BANAPUR, T AL: YALAB U RGA,
DIST: KOPPAL- 583231.
...APPELLANT
(BY SRI.SURESH SHETTAMMANAVAR, AND
SRI.S.K.NADAMANI, ADVOCAT ES)
AND
1 . THE DIV IS IONAL MANAGER
NWKRT C SELF INSU RANCE,
GOKUL ROAD, HU BB ALLI-580009.
2 . CHOLA MANDALA GENERAL INSU RNACE CO. LTD.,
DESAI CROSS, HU BB ALLI- 5800 09.
3 . SMT.RU DRAMMA W/O MUDAVEERAYYA KU LKARNI,
AGE: NOT KNOWN, OCC: HOUSEHOLD WORK,
R/O: YASA HADAGALI,
TAL: RON, GADAG-5822 09.
...RESPONDENTS
(BY SRI.S.S.BADAWADAGI, ADVOCATE FOR R1;
SRI.S.J .B ADDI, FOR R2;
NOT ICE T O R3 DIS PENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 05.05.2 015 PASS ED IN
MVC No.387/2013 ON THE FILE OF THE PR INCIPAL SENIOR
CIVIL JU DGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIB UNAL, HUBBALLI, PARTLY ALLOWING THE CLAIM
PET IT ION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
6
THESE A PPEA LS COMING ON FOR ADMISS ION, TH IS
DAY THE COU RT DELIVERED THE FOLLOW ING:
JUDGMENT
These five appeals are filed by the claimants
seeking enhancement of the compensation award ed by
the Princip al Senior Civil Judge and Additional M.A.C.T,
Hubb alli, (hereinafter referred to as the 'Tribunal', for
brevity) in MVC Nos.387, 388, 389, 390, and 395 of
2013 vid e its jud gment and award d ated 05.05.2015.
2. Though these appeals are listed for
admission, with the consent of the learned counsels
appearing for the parties, the appeals are taken up
for final disposal.
3. The parties to these appeals are referred
to by their rankings before the Tribunal for the
purpose of convenience.
4. The undisputed facts of the case are, on
11.07.2012 at about 5.30 p.m, when the injured
claimants and the deceased Shadakshrayya,
S/o.Pavadayya Bikshavatimath and his wife deceased
Smt.Ansavva were traveling in Tata Pick up goods
vehicle bearing registration No.KA-26/9760, the
offending NWKRTC bus bearing registration No.KA-
26/F-772, which was driven in a rash and negligent
manner by its driver, dashed against the Tata pick up
goods vehicles and caused the accident. In the said
accident, Shadakshrayya S/o. Pavadayya
Bikshavatimath and his wife Smt.Ansavva had died
and other inmates of the Tata pick up goods vehicle
suffered grievous injuries. It is under these
circumstance, as many as nine claim petitions were
filed before the Tribunal under Section 166 of the
Motor Vehicles Act, 1988 (for short, the 'Act'), and
the Tribunal had partly allowed the said claim
petitions. Being not satisfied with the quantum of
compensation awarded, the claimants in five claim
petitions have preferred these appeals.
5. Learned counsel for the claimants submits
that the compensation awarded by the Tribunal on all
heads is on the lower side and he submits that the
notional income of the deceased and the injured
claimants were taken on the lower side which has
resulted in awarding lower compensation and
accordingly prays to enhance the compensation and
allow the appeals.
6. Learned counsel Sri. Shivakumar S.
Badawadagi, appearing on behalf of the respondents
submits that the compensation awarded by the
Tribunal is just and proper and needs no interference
and he accordingly prays to dismiss the appeals.
7. I have given my anxious consideration to
the arguments addressed on both sides and also
perused the material available on record.
8. The only question that arises for
consideration in these appeals is with regard to the
adequacy of compensation awarded to the claimants
by the Tribunal.
Re: MFA No.104140/2018
This appeal is filed by the claimants in MVC
No.395/2013. The claimants herein are the daughters
of the deceased Shadakshrayya S/o. Pavadayya
Bikshavatimat. The deceased was aged about 75
years as on the date of accident. The notional income
of the deceased was required to be taken at `7,000/-
per month, having regard to the income chart
maintained by the Karnataka Legal Services Authority
for the purpose of disposal of motor accident cases in
the Lok Adalath. Out of the said income, 1/3 r d is
required to be deducted towards personal expenses
of the deceased. The proper multiplier applicable
would be '5'. In the said event, the claimants would
be entitled for a compensation of `2,80,000/-
(4666.66 x 12 x 5) towards 'loss of dependency', in
addition to the same the claimants are entitled for a
compensation of ` 40,000/- each towards 'loss of
filial love and affection' and another sum of
` 30,000/- towards 'loss of estate and funeral
expenses'. Therefore in all claimants entitled for a
compensation ` 3,90,000/- as against `1,70,000
awarded by the Tribunal.
Re: MFA No.104141/2018
This appeal arises out of MVC No.388/2013. The
claimants herein are the daughters of the deceased
Smt.Ansavva. The deceased was aged about 60 years
as on the date of accident. The notional income is
required to be taken at 7,000/- per month, having
regard to the income chart maintained by the
Karnataka Legal Services Authority for the purpose of
disposal of motor accident cases in the Lok Adalath.
Out of the said income, 1/3 r d is required to be
deducted towards the personal expenses of the
deceased. The proper multiplier applicable would be
'9'. In the said event the claimants would be entitled
for a compensation of ` 5,04,000/-(4666.66 x 12 x
9) towards 'loss of dependency'. In addition to the
same, the claimants are entitled for a total
compensation sum of ` 1,10,000/- under the
conventional heads. Therefore, in all the claimants
are entitled for a total compensation of ` 6,14,000/-
as against `1,70,000/- awarded by the Tribunal.
Re: MFA No.104142/2018
This appeal arises out of MVC No.390/2013 the
claimant herein who was injured, was aged about 35
years as on the date of accident. She had suffered
grievous injuries which include fracture injuries and
therefore the doctor PW.8, who was examined before
the Tribunal, had assessed the permanent physical
disability of the claimant at 29% to the particular
limb. The Tribunal has considered the whole body
disability at 10%. The income of the claimant is
required to be taken in to consideration at `7,000/-
per month, having regard to the income chart
maintained by the Karnataka Legal Services Authority
for the purpose of disposal of motor accident cases in
the Lok Adalath. The proper multiplier applicable
would be '16'. In the said event, the claimant would
be entitled for a compensation of ` 1,34,400/-(7,000
x 12 x 16 x 10%) towards 'loss of future income' due
to disability. Claimant is also entitled for a sum of
` 30,000/- towards 'pain and suffering', ` 10,915/-
towards 'medical expenses', ` 21,000/- towards 'loss
of income during laid up period', ` 30,000/- towards
'loss of amenities' in future life, ` 15,000/- towards
'incidental expenses'. Therefore, in all the claimant is
entitled for total compensation of ` 2,41,315/- as
against compensation of `97,915/- awarded by the
Tribunal.
Regarding MFA No.104143/2018
This appeal arises out of MVC No.389/2013. The
claimant herein, who was injured in the accident in
question, had suffered fracture injuries as could be
seen from the wound certificate as Ex.P.20. Though
the claimant was examined before the Tribunal as
PW.7, the doctor, who had treated her, was not
examined before the Tribunal. Under the
circumstances, the Tribunal had awarded a
compensation of `30,000/- towards 'pain and
suffering' and `3,000/- towards 'incidental expenses'.
However, no compensation was awarded by the
Tribunal towards 'loss of amenities' in future life and
'loss of income during laid up period'.
I am of the considered view, even the
compensation awarded towards incidental expenses is
on the lower side. Under the circumstances, I am of
the view that, if the compensation awarded to the
claimant herein is globally enhanced by sum of
` 60,000/- the same would meet the ends of justice.
Accordingly, it is held that claimant is entitled for a
compensation of ` 60,000/- over and above the
compensation of `33,000/- awarded by the Tribunal.
Regarding MFA No.104144/2018
This appeal arises out of MVC No.387/2013. The
claimant herein, who was injured in the accident, had
suffered only simple injuries. Therefore, the Tribunal
had awarded a total compensation of `5,000/- to the
claimant. Considering the fact that the claimant had
undergone treatment in the hospital and he had also
incurred expenses for the same, in addition to the
hardship caused to him, I am of the considered view
that, if a global compensation of `10,000/- is
awarded to the claimant herein over and above the
compensation awarded to him by the Tribunal, it
would meet the ends of justice. Accordingly the
compensation of ` 10,000/- is awarded to the
claimant over and above the compensation awarded
by the tribunal.
The enhanced amount of compensation in all the
cases shall carry interest at 6% per annum from the
date of petition till the date of realization.
The respondent No.1 who is owner-cum-insurer
of the offending bus is directed to deposit the
enhanced amount of compensation with interest
before tribunal within the period of eight weeks from
the date of receipt of certified copy of this order.
Since the accident is of the year 2013, the claimants
are at liberty to withdraw the enhanced amount of
compensation with interest and also the amount in
deposit pursuant to the impugned award passed by
the Tribunal.
Sd/-
JUDGE
AC
