Karnataka High Court
Smt. Jayamma W/O Gurusiddappa ... vs Payappa Mallappa Astagi on 15 June, 2022
Bench: P.Krishna Bhat
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MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MFA NO. 24387 OF 2010 (MV-D)
C/W
MFA NO. 23159 OF 2010 (MV-I)
MFA NO. 23160 OF 2010 (MV-I)
IN MFA NO.24387/2010
BETWEEN:
THE NEW INDIA ASSURANCE COMPANY LTD.
REP. BY ITS DIVISIONAL MANAGERBRANCH OFFICE,
P.B.ROAD, DHARWADREP. BY ITS REGIONAL
MANAGERREGIONAL OFFICE, 2ND FLOOR, SRINATH
COMPLEX, NEW COTTON MARKETHUBLI 590029
...APPELLANT
(BY SRI.G N RAICHUR, ADVOCATE)
AND:
1. SMT. RENUKA W/O : GURUSIDDAPPA YARESHIMI
AGE : 26 YEARS, OCC : HOUSEHOLD WORK R/O :
CHIKKAMYAGERI TQ : YELBURGADIST : RAICHUR
2. KUMAR PRABHAKAR S/O : GURUSIDDAPPA
YARESHIMI
AGE : 6 YEARS, OCC : STUDENTR/O :
Digitally signed
by JAGADISH T
CHIKKMYAGERI TQ : YELBURGADIST : RAICHUR
R
Location: HIGH
COURT OF 3. SRI. PAYAPPA MALLAPPA ASTAGI
KARNATAKA,
DHARWAD
Date: 2022.06.22
AGE : MAJOR, OCC : AGRICULTURE R/O :
15:00:50 +0530
UPPINABETAGERI TQ and DIST : DHARWAD
-2-
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
4. SMT. BASAMMA W/O : SIDDAPPA YARESHIME
AGE : 55 YEARS, OCC : HOUSEHOLDR/O : GOLLAR
COLONY NO.3MRUTUNJAYA NAGAR, DHARWAD-4
5. SRI. SIDDAPPA AMARAPPA YARESHIMI
AGE : 65 YEARS, OCC : NIL R/O : GOLLAR COLONY,
NO.3, MRUTUNJAYA NAGAR, DHARWAD
...RESPONDENTS
(BY SRI. S C KOPPAD, ADV. FOR R1 AND R2)
(SRI. P.G. CHIKKANARAGUND, ADV. FOR R4 & R5)
(APPEAL AGIANST R3 ABATED)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:15-06-2010 PASSED IN
MVC.NO.111/1996 ON THE FILE OF THE II-ADDL. CIVIL
JUDGE(SR.DN) AND MEMBER, ADDL. MACT, DHARWAD,
AWARDING THE COMPENSATION OF RS.10,05,936/- WITH
INTEREST AT THE RATE OF 6% P.A., FORM THE DATE OF
PETITION TILL ITS REALISATION.
IN MFA NO.23160/2010
BETWEEN:
1. SMT. JAYAMMA W/O GURUSIDDAPPA YARESHIMI
AGE:35 YEARS, OCC:HOUSEHOLD WORK,
R/O GOLLAR COLONY, MRUTHYUNJAYANAGAR,
DHARWAD.
2. SHIDDAPPA AMARAPPA YARESHIMI
AGE:75 YEARS, OCC:NIL,
R/O GOLLAR COLONY,
MRUTYUNJAYA NAGAR, DHARWAD-04.
3. SMT. BASAMMA W/O SIDDAPPA
YARESHIMI, AGE:60 YEARS, OCC:HOUSEHOLDWORK,
R/O GOLLAR COLONY NO.3, MRUTHYUNJAYA NAGAR
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
DHARWAD.
...APPALLANTS
(BY SRI. P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. PAYAPPA MALLAPPA ASTAGI
AGE:MAJOR, OCC:AGRICULTURE,
R/O UPPINABETAGERI, TQ:DHARWAD,
(OWNER OF TRACTOR-TRAILER BEARING
REG. NO.KA-25/518/519)
2. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH OFFICE, P.B. ROAD, DHARWAD.
....RESPONDENTS
(BY SRI. G.N. RAICHUR, ADV. FOR R1)
(APPEAL AGAINST R2-DISMISSED)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE
MV ACT PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD
DATED 15.6.2010 IN MVC NO.350/2001 PASSED BY THE
COURT OF THE II ADDL. (SR.DN.) ADDL. MACT, DHARWAD
AND AWARD THE COMPENSATION AS CLAIMED BY ALLOWING
THE CLAIM PETITION AS PRAYED FOR IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.23159/2010
1. SMT. BASAMMA W/O SIDDAPPA
YARESHIMI, AGE:55 YEARS,
OCC:HOUSEHOLD WORK,
R/O GOLLAR COLONY NO.3,
MRUTHYUNJAYNAGAR,
DHARWAD.
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
2. SIDDAPPA AMARAPPA YARESHIMI
AGE:65 YEARS, OCC:NIL,
R/O GOLLAR COLONY, NO.3,
MRUTYUNJAYA NAGAR, DHARWAD.
...APPELLANTS
(BY SRI.P.G. CHIKKANARAGUND, ADVOCATE)
AND:
1. PAYAPPA MALLAPPA ASTAGI
AGE:MAJOR, OCC:AGRICULTURE,
R/O UPPINABETAGERI, TQ:DHARWAD,
(OWNER OF TRACTOR-TRAILER BEARING
REG. NO.KA-25/518/519)
2. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH OFFICE,
P.B. ROAD, DHARWAD.
....RESPONDENTS
(BY SRI. G.N. RAICHUR, ADV. FOR R1)
(APPEAL AGAINST R2-DISMISSED)
THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE
MV ACT PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD
DATED 15.6.2010 IN MVC NO.111/1996 PASSED BY THE
COURT OF THE II ADDL. (SR.DN.) ADDL. MACT, DHARWAD
AND AWARD THE COMPENSATION AS CLAIMED BY ALLOWING
THE CLAIM PETITION AS PRAYED FOR IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, COURT DELIVERED THE FOLLOWING:
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
COMMON JUDGMENT
These appeals are at the instance of the Insurance
Company (MFA No.24387/2010), parents of the deceased
Gurusiddappa Yareshimi (MFA No.23159/2010) and wife-
Smt. Jayamma and parents of the deceased (MFA
No.23160/2010) calling in question the judgments and
awards dated 15.6.2010 in MVC No.111/1996 and
350/2001 passed by the learned II Addl. (Sr.Dn.) & Addl.
MACT, Dharwad (for short, 'MACT').
2. By the impugned judgments and awards, the
claim petition filed by wife-Smt. Renuka and her son came
to be allowed in part awarding a compensation of
Rs.10,05,936/- with interest thereon at 6% per annum
from the date of petition till date of payment. Out of the
said compensation, claimant No.1/wife-Smt. Renuka was
held entitled to receive a sum of Rs.5,00,000/-, claimant
No.2-minor son was held entitled to receive a sum of
Rs.2,50,000/- and respondents 3 and 4-parents of the
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
deceased were held entitled to receive a sum of
Rs.1,27,968/- each. Whereas, the claim petition filed by
another wife-Smt. Jayamma and parents of the deceased
was dismissed.
3. The claim petitions were filed on the footing
that the deceased Gurusiddappa was working as Driver in
KSRTC Hubli Depot and that on 1.1.1995, while he was
returning to his house from Chikkamyageri village near
Vijaya Laxmi hotel, tractor and trailer bearing registration
No.KA-25/581/519 owned by one Payappa Mallappa Astagi
was reversed by its driver in a rash and negligent manner
and ran over the deceased causing his instantaneous
death.
4. Respondent No.1-owner of the tractor and
trailer remained exparte before the learned MACT.
Respondent No.2-Insurance Company filed its detailed
written statement denying the averments made in the
claim petition.
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
5. During the trial, claimant No.1-Renuka
Yareshimi examined herself as PW1 and examined one
eye-witness to the incident as PW2 and Exs.P1 to P34
were marked. The respondents did not examine any
witness but policy of insurance was marked as Ex.R1.
6. After hearing the learned counsel on both sides
and having perused the records, the learned MACT allowed
the claim petition (MVC No.111/1996) in part in terms as
already mentioned herein above.
7. Sri. G.N. Raichur, learned counsel appearing for
the Insurance Company in support of his appeal advanced
twofold contentions. Firstly, it was contended by the
learned counsel that the income of the deceased taken at
Rs.4,784/- is on the higher side inasmuch as he was
dismissed from the employment of KSRTC. Secondly, he
contended that the interest awarded by the learned MACT
on the compensation amount from the date of petition till
date of payment is also erroneous, as the claim petition
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
having been filed in the year 1996 was dragged on till
2010 when the learned MACT finally made the award.
Therefore, appeal filed by the Insurance Company is liable
to be allowed by modifying the impugned award suitably.
8. Sri. P.G. Chikkanaragund, learned counsel
appearing for the appellants-claimants in other two
companion appeals (MFA No.23159/2010 & MFA
No.23160/2010), per contra, submits that the
compensation awarded is not liable to be interfered with
inasmuch as the learned MACT was correct in taking the
income of the deceased at Rs.4,784/- per month which is
supported by Ex.P34-Salary Certificate of the deceased.
He further submits that the learned MACT had taken note
of the interim order passed by this Court in WP
No.31355/1992, by which KSRTC was directed not to
terminate the services of employees of KSRTC pursuant to
the order dated 22.10.1992. Further, he submitted that
the delay in the proceedings before the learned MACT took
MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
place on account of the parties approaching this Court in
CRP No.2630/2001 which came to be dismissed on
9.11.2001 and it was only thereafter, evidence of
respondents were adduced and the matter could be
disposed off. He further submitted that there was no
delay caused by the claimants themselves and on account
of the same, the learned MACT did not deny any portion of
interest which the claimants were entitled to receive. He
also submitted that the claimants are also entitled to
receive some amount under the head of loss of future
prospects and also compensation awarded under the
conventional heads like loss of consortium etc. is required
to be modified.
9. I have given my detailed consideration to the
submissions made on both sides and also I have perused
the records.
10. Insofar as the income of the deceased is
concerned, the learned MACT had taken the same at
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MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
Rs.4,784/- per month which is fully supported by Ex.P34-
Slaray Certificate and the same is therefore not liable to
be disturbed. No material is produced before the learned
MACT that Interim Stay issued was vacated or that finding
in the writ petition regarding his status as employee under
KSRTC has gone against his estate. Ex.P7 is copy of
Driving License of the deceased which shows that the
deceased was born on 1.6.1965. The accident in question
had taken place on 1.1.1995 and therefore, deceased was
aged 29 years at the time of the accident. Accordingly,
appropriate multiplier applicable is 17.
11. Learned counsel for the Insurance Company
submitted that the whole issue as to whether the
claimant-Renuka or Jayamma was legally wedded wife of
the deceased Gurusiddappa was in question before the
Civil Court and the proceedings has not been concluded.
The learned counsel for the appellants/claimants Sri. P.G.
Chikkanaragund submits that the said dispute is pending
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MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
in RSA No.5879/2012 before this Court. There is no
dispute that the deceased was married. Therefore, 1/3rd
of monthly income of the deceased has to be deducted
towards personal expenses of the deceased as two women
are in litigation regarding their marital status with the
deceased. Further, 50% of income of the deceased has to
be added towards loss of future prospects following the
decision of Constitution Bench of Hon'ble Apex Court in
National Insurance Company Limited Vs. Pranay
Sethi and Others1. Accordingly, loss of dependency is
required to be re-computed as follows:
Loss of dependency:
Rs.4,784 + 50% = Rs.7,176 - 1/3 = 4,784 x 12 x 17
= Rs.9,75,936/-
12. The deceased had left behind his parents as
well as disputed spouses. Accordingly, towards loss of
consortium, a sum of Rs.1,20,000/- and another sum of
AIR 2017 SC 5157
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MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
Rs.30,000/- (funeral expenses and loss of estate) is
required to be awarded. Thus, in all, on account of death
of deceased, the total compensation payable to the
claimants is Rs.11,25,936/- as against Rs.10,05,936/-
awarded by the learned MACT. There is nothing to show
that the claimants were solely responsible for the delay in
disposal of the claim petition and therefore, I do not find
any justification to grant interest for a lesser period. The
enhanced compensation of Rs.1,20,000/- shall carry
interest at the rate of 6% per annum from the date of
petition till date of payment.
13. Hence, the following:
ORDER
a) MFA No.24387/2010 filed by the Insurance
Company is dismissed.
b) MFA No.23160/2010 and MFA
No.23159/2010 filed by the claimants are
disposed off.
c) The impugned judgment and award in MVC
No.111/1996 is modified awarding an
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MFA No. 24387 of 2010
C/W MFA No. 23160 of 2010
MFA No. 23159 of 2010
enhanced compensation of Rs.1,20,000/-
which shall carry interest at the rate of 6%
per annum from the date of petition till
date of payment.
d) The entire compensation amount including
interest accrued thereon shall be kept in
Fixed Deposit in any nationalized Bank by
the learned MACT till disposal of RSA
No.5879/2012 pending before this Court
regarding marital status of the disputed
spouses with the deceased.
e) The amount in deposit be transmitted to
the learned MACT along with records
forthwith.
f) Pending applications, if any, do not survive
for consideration and accordingly, they are
disposed off.
g) No order as to costs.
Sd/-
JUDGE
JTR
