Karnataka High Court
Parvathamma vs Basavaraju on 5 July, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.6481 OF 2015 (MV)
C/W
M.F.A.NO.7573 OF 2016 (MV)
IN M.F.A.NO. 6481 OF 2015 (MV)
BETWEEN:
M/S. ICICI LOMBARD GENERAL
INSURANCE COMPANY LIMITED
NO.C-22, MAXIMUS COMMERCIAL COMPLEX
L.H.H. ROAD, MANGALORE
NOW REP. BY
NO.89, 2ND FLOOR, S.V.R. COMPLEX,
HOSUR MAIN ROAD, MADIWALA,
BENGALURU - 560068
REP BY ITS MANAGER-LEGAL ...APPELLANT
(BY SRI. K.S. LAKSHMINARASAPPA, ADV. FOR
SRI. A.M.VENAKATESH, ADV.)
AND:
1. PARVATHAMMA
W/O KUMAR @ SWAMY
AGED ABOUT 36 YEARS
R/AT KANTIRAYAPURA VILLAGE
SHRAVANABELAGOLA HOBLI
CHANNARAYAPATNA TLAUK
HASSAN DISTRICT-573201
2
2. BASAVARAJU
S/O SHREEKANTEGOWDA
MAJOR
R/O YALADAHALLI VILLAGE
KORATAGEE POST
SANTHEBACHAHALLI HOBLI
K.R.PETE TALUK
MANDYA DISTRICT-571401 ...RESPONDENTS
(BY SRI K.R. LINGARAJU, ADV. FOR R1
R2 SERVED)
THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.04.2015 PASSED IN MVC
NO.763/2014 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT
AND SESSIONS JUDGE, HASSAN (SIT AT CHANNARAYAPATNA)
AWARDING COMPENSATION OF RS.4,72,000/- WITH INTEREST
@ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.
IN M.F.A.NO.7573 OF 2016 (MV)
BETWEEN:
PARVATHAMMA
W/O. KUMAR @ SWAMY,
AGED ABOUT 35 YEARS,
KANTIRAYAPURA VILLAGE,
SHRAVANABELOGALA HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT ...APPELLANT
(BY SRI. K.R. LINGARAJ, ADV.)
AND:
1. BASAVARAJU
S/O SHREEKANTEGOWDA
MAJOR
R/O YALADAHALLI VILLAGE
KORATAGEE POST
3
SANTHEBACHAHALLI HOBLI
K.R.PETE TALUK
MANDYA DISTRICT-571401
2. THE MANAGER
ICICI LAMBARD GEN. INS CO LTD,
C-22, MAXIMUS COMMERCIAL COMPLEX,
LHH ROAD, MANGALORE-57500 ...RESPONDENTS
(BY SRI. K.S. LAKSHMINARASAPPA, ADV. FOR
SRI. A.M.VENAKATESH, ADV. FOR R2
NOTICE TO R1 IS DISPENSED WITH V/O/DT:20.09.2018)
THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.04.2015 PASSED IN MVC
NO.763/2014 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT
& SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Heard the learned Counsel appearing for the
appellant-insurer and the claimant-respondent in MFA
No.6481/2015 and the learned Counsel appearing for the
appellant-claimant and respondent-insurer in MFA
No.7573/2016.
2. Both these appeals are arising from the judgment
and award dated 25.04.2015 in MVC No.763/2014 on the
file of the 4th Additional District & Sessions Judge and
MACT, Channarayapatna.
3. The claim petition filed by the claimant was
allowed, awarding compensation of Rs.4,72,000/- along
with interest @ 6% p.a. from the date of petition till the
date of realization. The Tribunal has held that the driver
who was driving the Jeep was having a licence to drive a
light motor vehicle and consequently, the liability is
fastened on the insurer with liberty to recover the amount
from the owner of the vehicle.
4. The insurer is in appeal questioning the liability
as well as the quantum. The claimant is in appeal
questioning the quantum and he is seeking enhancement.
5. Claimant's son Chetan, aged 18 years
sustained grievous injuries in a road traffic accident on
04.04.2014 at about 3.45 p.m., when a jeep bearing
registration No.KA-54-3997 coming from Nagaragatta
came in a rash and negligent manner and dashed against
the vehicle of the claimant's son who was riding the bike
bearing No.KA-01-B-909 from Kothanagatta to
Nagaragatta, and he succumbed to the injuries and died
on the spot.
6. There is no dispute relating to the date of the
accident and the death of Chethan, who died in the
accident. There is also no dispute that the claimant is the
mother of the deceased. The tribunal while awarding
compensation has assessed the notional income of the
deceased at Rs.5,000/- per month. In the absence of
proof relating to the income, as per the chart prepared by
the Karnataka State Legal Services Authority, the notional
income would be Rs.8,500/- per month. By adding 40%
towards the future prospect, the notional income per
month would be (8500x40/100) Rs.11,900/-. Since the
deceased was aged 18 years, the appropriate multiplier
would be '18' and if 50% is deducted towards the personal
expenses of the deceased, the compensation payable
under the head 'Loss of future Prospects' would be
(Rs.11,900x12x18x50%=12,85,200) Rs.12,85,200/-.
The claimant the mother of the deceased is entitled
to Rs.40,000/- under the head 'Loss of Consortium',
Rs.15,000/- under the head 'Loss of estate' and
Rs.15,000/- towards 'funeral expenses'.
7. Thus, the claimant would be entitled to total
compensation in MFA No.7573/2016 as under:
Rs.
1. Loss of Future Prospects 12,85,200
2. Loss of Consortium 40,000
3. Loss of Estate 15,000
4. Loss of Funeral Expenses 15,000
TOTAL 13,55,200
8. Learned Counsel for the appellant-insurer in MFA
No.6481/2015 would submit that the issue relating to the
driving licence held by the owner of Jeep, is covered by the
judgment of the Apex Court in the case of Mukund
Dewangan Vs. Oriental Insurance Company Limited
reported in (2017) 14 SCC 663. As per the said
judgment, a person holding the driving licence to drive a
light motor vehicle is authorized to drive a light motor
vehicle which is having less than 7,500 kg. unladen
weight. There is no dispute of the said fact that the
vehicle involved in the accident viz., Jeep was having less
than 7,500 kg. unladen weight.
9. For the aforesaid reasons, there is no merit in the
appeal filed by the insurer and the appeal filed by the
insurer is liable to be dismissed.
10. Hence, the following:
ORDER
(i) Appeal filed by the appellant-claimant in MFA
No.7573/2016 is allowed in part.
(ii) Appeal filed by the appellant-Insurer in MFA
No.6481/2015 is hereby dismissed.
(iii) The impugned judgment and award dated
25.04.2015 passed by the 4th Addl. District
and Sessions Judge and Motor Accident
Claims Tribunal, at Channarayapatna, in MVC
No.763/2014 is modified.
(iv) The appellant-claimant is entitled to total
compensation of Rs.13,55,200/- as against
the compensation of Rs.4,72,000/- which was
awarded by the Tribunal, with interest @ 6%
p.a. from the date of petition till payment.
(v) The insurer is liable to pay the compensation
and the same shall be deposited within two
months from the date of this order after
deducting the amount, if any, already paid.
(vi) The amount in deposit, if any, shall be
transferred to the jurisdictional Tribunal.
.
Sd/-
JUDGE
JT/-
