Karnataka High Court
The Manager Shriram General ... vs Somanagouda S/O Basanagouda ... on 28 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A.NO. 100143 OF 2016 (MV)
BETWEEN:
THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302/3RD FLOOR, S & S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
OPP:GORING & LADY KARJAN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-01.
NOW REP BY ITS AUTHORIZED SIGNATORY,
SHRIRAM GENERAL INSURANCE COMPANY LIMITED, LEGAL
CELL, E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR-
302022, RAJASTHAN STATE.
... APPELLANT
(BY SRI. S K KAYAKAMATH.,ADVOCATE)
AND:
1. SOMANAGOUDA S/O BASANAGOUDA POLICE PATIL,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: MYADARADOKKI, TQ: KUSHTAGI,
DIST: KOPPAL.
2. NEELAMMA W/O SOMANAGOUDA POLICE PATIL,
J AGE 31 YEARS OCC: HOUSEHOLD WORK
MAMATHA R/O: MYADARADOKKI, TQ: KUSHTAGI,
Digitally signed by J
DIST: KOPPAL.
MAMATHA 3. DODDAPPA S/O SHARANAPPA KODI,
Location: Dharwad
Date: 2022.03.30 AGE 31 YEARS, DRIVER OF VEHICLE ITS
11:42:04 +0530
NO.KA-37/6788, R/O:TENGUNTI,
TQ: KUSHTAGI, DIST: KOPPAL.
4. SANGAPPA S/O RACHAPPA ADIVE PRONAVER,
AGE 43 YEARS, OCC: OWNER OF VEHICLE
NO.KA-37/6788, R/O:BIJAKAL,
TQ: KUSHTAGI, DIST: KOPPAL.
...RESPONDENTS
(BY SRI. P.G. MOGALI, ADVOCATE FOR R1 & R2;
SHRI SIDDAPPA S.SAJJAN, ADVOCATE FOR R3 & R4)
-2-
MFA No. 100143 of 2016
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
AGAINST THE JUDGMENT & AWARD DATED 10.07.2015, PASSED IN
MVC NO.105/2015 (OLD NO.534/2012) ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MEMBER ADDL. MACT, KUSHTAGI, AWRDING THE
COMPENSATION OF RS.6,10,000/- WITH INTEREST AT THE RAT EOF
6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. For the death of the five years old school
girl, Kumari Kaveri, the Tribunal has awarded the
following sums as compensation:
1. Loss of dependency Rs.5,10,000/-
2. Loss of love & affection Rs.20,000/-
3. Loss of estate Rs.10,000/-
4. Funeral expenses Rs.20,000/-
TOTAL Rs.5,60,000/-
2. On 16.12.2011, when the minor girl was
sitting in the cabin of the TATA Ace vehicle, it met
with an accident, as a result of which she sustained
grievous injuries and ultimately succumbed to the
injuries on the very same day.
3. The contention of the learned counsel for
the Insurer is that the driver of the vehicle did not
MFA No. 100143 of 2016
possess the requisite endorsement to drive the vehicle
and therefore they are not liable.
4. Learned counsel for the Insurer also
contends that the question regarding the absence of
an endorsement has now been referred to a larger
Bench in the Supreme Court and therefore hearing of
this appeal should be deferred.
5. It is settled law that merely because the
matter is referred to a larger Bench, that does not
mean that hearing of the appeal should be deferred.
Consequently, the argument of the learned counsel in
this regard cannot be accepted.
6. It is not in dispute that the law as it stands
today, i.e., the judgment of the Hon'ble Apex Court in
the case of Mukund Dewangan Vs. Oriental Insurance
Co. Ltd., reported in 2017 ACJ 2011, which states even if
the driver of the vehicle did not possess the permit
endorsement, the liability of the Insurance Company
would not be absolved. Therefore, the argument
regarding the liability of the insurer is rejected.
MFA No. 100143 of 2016
7. Learned counsel also submit that the
Tribunal had erred in taking the notional income of the
deceased at R s.30,000/- p.a. He also submitted that
adopting multiplier of 17 would also be incorrect since
the deceased was just five years old.
8. The Hon'ble Apex Court in the case of
Kurvan Ansari Alias Kurvan Ali and another Vs.
Shyam Kishore Murmu and another reported in
(2022)1 SCC 317, which was in respect of the death
of seven years old boy, has observed that it would be
appropriate to take notional income of the deceased at
Rs.25,000/- p.a. and adopt the multiplier of 15.
9. Accordingly, in the present case also the
notional income of the deceased minor is taken at
Rs.25,000/- p.a. and multiplier of 15 is adopted, this
would result in the compensation towards loss of
dependency would be Rs.3,75,000/- (Rs .25,000/- x 15).
10. In addition, the claimants being the mother
and father of the deceased, they would also be
entitled to a sum of Rs.88,000/- (Rs .44,000/- x 2)
MFA No. 100143 of 2016
towards loss of consortium and a sum of Rs.33,000/-
under conventional heads.
11. Thus, the claimants would be entitled to a
total compensation as follows:
1. Towards loss of dependency Rs.3,75,000/-
2. towards consortium Rs.88,000/-
3. Towards conventional heads. Rs.33,000/-
TOTAL Rs.4,96,000/-
12. Accordingly, the appeal filed by the
appellant-Insurance Company is allowed in part. The
claimants would be entitled to a total compensation of
Rs.4,96,000/- instead of Rs.5,60,000/- awarded by the
Tribunal along with interest at the rate of 6% p.a.
from the date of petition till its realization.
13. The appellant-Insurance Company is
directed to deposit the entire compensation amount
along with interest excluding the excess amount in
deposit, if any, before the Tribunal for disbursement
to the claimants within a period of six weeks from the
date of receipt of a certified copy of this order.
MFA No. 100143 of 2016
14. The order of apportionment and deposit as
ordered by the Tribunal shall hold good for the
compensation awarded in this appeal.
15. Amount in deposit, if any, before this Court
shall be transmitted to the Tribunal for disbursement.
Sd/-
JUDGE
Vnp*
