Karnataka High Court
Yellehi S/O. Mosappa vs Srinivas S/O. Shankarappa on 31 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A. NO.103412 OF 2018 (MV-I)
C/w. M.F.A. NO.103413/2018, M.F.A. NO.103414/2018
M.F.A. NO.103415/2018 & M.F.A. NO.103416/2018
In MFA No.103412/2018:
BETWEEN:
YELLESH S/O.MOSAPPA,
AGE 33 YEARS, OCC: COOLIE,
R/O: SANTEBAYALU, MAHEBOOBNAGAR,
GANGAVATHI, DIST: KOPPAL-583227.
... APPELLANT
(BY SRI. A.M.MALIPATIL, ADVOCATE)
AND:
1. SRINIVAS S/O. SHANKARAPPA,
AGE 38 YEARS, OCC: DRIVER OF TATA MAGIC,
R/O: HIREJANTAKAL, GANGAVATHI,
DIST: KOPPAL-583227.
2. BASAVARAJ S/O NAGANAGOUDA PATIL,
J AGE 37 YEARS, OCC: OWNER OF TATA MAGIC,
MAMATHA R/O: CHIKKAJANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
Digitally signed by J
MAMATHA
Location: Dharwad
Date: 2022.04.05 3. THE MANAGER,
10:36:18 +0530
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S CORNE, PLOT NO.48,
HOSPITAL ROAD, (OPP, BOWRING AND LADY
CURZON HOSPITAL) SHIVAJI NAGAR,
BENGALURU-560001.
... RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
-2-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
NOTICE TO R2 SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2018, PASSED IN MVC
NO.4/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.103413/2018:
BETWEEN:
THIMMAMMA W/O. THIMMAPPA,
AGE 48 YEARS, OCC: COOLIE,
R/O: SANTEBAYALU, MAHEBOOBNAGAR,
GANGAVATHI, DIST: KOPPAL-583227.
... APPELLANT
(BY SRI. A.M.MALIPATIL, ADVOCATE)
AND:
1. SRINIVAS S/O. SHANKARAPPA,
AGE 38 YEARS, OCC: DRIVER OF TATA MAGIC,
R/O: HIREJANTAKAL, GANGAVATHI,
DIST: KOPPAL-583227.
2. BASAVARAJ S/O NAGANAGOUDA PATIL,
AGE 37 YEARS, OCC: OWNER OF TATA MAGIC,
R/O: CHIKKAJANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
3. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S CORNE,
PLOT NO.48, HOSPITAL ROAD,
(OPP, BOWRING AND LADY CURZON HOSPITAL)
SHIVAJI NAGAR, BENGALURU-560001.
... RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED & UNREPRESENTED)
-3-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
THIS MFA IS FILED U/S. 173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2018, PASSED IN MVC
NO.77/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.103414/2018:
BETWEEN:
SUNITHA W/O. DEVADAS,
AGE 25 YEARS, OCC: COOLIE,
R/O: SANTEBAYALU, MAHEBOOBNAGAR,
GANGAVATHI, DIST: KOPPAL-583227.
... APPELLANT
(BY SRI. A.M.MALIPATIL, ADVOCATE)
AND:
1. SRINIVAS S/O. SHANKARAPPA,
AGE 38 YEARS, OCC: DRIVER OF TATA MAGIC,
R/O: HIREJANTAKAL, GANGAVATHI,
DIST: KOPPAL-583227.
2. BASAVARAJ S/O NAGANAGOUDA PATIL,
AGE 37 YEARS, OCC: OWNER OF TATA MAGIC,
R/O: CHIKKAJANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
3. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S CORNE,
PLOT NO.48, HOSPITAL ROAD,
(OPP, BOWRING AND LADY CURZON HOSPITAL)
SHIVAJI NAGAR, BENGALURU-560001.
... RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2018, PASSED IN MVC
NO.78/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
-4-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
In MFA No.103415/2018:
BETWEEN:
MARIYAMMA @ TIMMAKKA W/O. JANAPPA,
AGE 58 YEARS, OCC: COOLIE,
R/O: SANTEBAYALU, MAHEBOOBNAGAR,
GANGAVATHI, DIST: KOPPAL-583227.
... APPELLANT
(BY SRI. A.M.MALIPATIL, ADVOCATE)
AND:
1. SRINIVAS S/O. SHANKARAPPA,
AGE 38 YEARS, OCC: DRIVER OF TATA MAGIC,
R/O: HIREJANTAKAL, GANGAVATHI,
DIST: KOPPAL-583227.
2. BASAVARAJ S/O NAGANAGOUDA PATIL,
AGE 37 YEARS, OCC: OWNER OF TATA MAGIC,
R/O: CHIKKAJANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
3. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S CORNE,
PLOT NO.48, HOSPITAL ROAD,
(OPP, BOWRING AND LADY CURZON HOSPITAL)
SHIVAJI NAGAR, BENGALURU-560001.
... RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2018, PASSED IN MVC
NO.79/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMP0ENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-5-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
In MFA No.103416/2018:
BETWEEN:
ASHIRWADAMMA W/O. JAYARAJ,
AGE 28 YEARS, OCC: COOLIE,
R/O: SANTEBAYALU, MAHEBOOBNAGAR,
GANGAVATHI, DIST: KOPPAL-583227.
... APPELLANT
(BY SRI. A.M.MALIPATIL, ADVOCATE)
AND:
1. SRINIVAS S/O. SHANKARAPPA,
AGE 38 YEARS, OCC: DRIVER OF TATA MAGIC,
R/O: HIREJANTAKAL, GANGAVATHI,
DIST: KOPPAL-583227.
2. BASAVARAJ S/O NAGANAGOUDA PATIL,
AGE 37 YEARS, OCC: OWNER OF TATA MAGIC,
R/O: CHIKKAJANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
3. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S CORNE,
PLOT NO.48, HOSPITAL ROAD,
(OPP, BOWRING AND LADY CURZON HOSPITAL)
SHIVAJI NAGAR, BENGALURU-560001.
... RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 SERVED & UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF M.V. ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.03.2018, PASSED IN MVC
NO.80/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT,
GANGAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMP0ENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-6-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
JUDGMENT
1. The fact that the accident occurred and the
claimants in all these cases, suffered injuries and also
the fact that the offending vehicle was insured is not
in dispute. It is also not in dispute that the offending
vehicle in question had a carrying capacity of 10+1
and therefore, the liab ility of the Insurance Company
to the extent of the carry ing capacity cannot be in
dispute.
2. The Tribunal has considered the monthly
income of the claimants at Rs.6,000/- in MFA
No.103412/2018 and Rs.4,890/- in MFA
No.103413/2018, MFA No.13414/2018, MFA
No.103415/2018 & MFA No.103416/2018, since there
is no documentary evidence.
3. The accident is of the year 2014. Since there
was no documentary evidence to establish the income
of the claimants, the monthly income as determined
by the Karnataka State Legal Services Authority , which
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
for the year 2014 is a sum of Rs.7,500/- per month,
would have to be adopted in all these cases.
4. Further, the Tribunal has assessed whole
body disability at 6% in MFA No.103412/2018 and 5%
in MFA No.103413/2018, MFA No.13414/2018, MFA
No.103415/2018 & MFA No.103416/2018. The claimant
in MFA No.103412/2018 has suffered 22% to 24%
disab ility to the particular limb and 14% to 16% to the
whole body and the claimants in MFA No.103413/2018,
MFA No.13414/ 2018, MFA No.103415/2018 & MFA
No.103416/2018 have suffered 18% to 22% d isability
to the particular limb and 12% to 14% d isab ility to the
whole body.
5. In my view, the normal rule is 1/3 r d of
disab ility to be adopted. Thus, the claimant in MFA
No.103412/2018, the claimant would have suffered
whole body disability of 8% (24% x 1/3 r d ) and the
claimants in MFA No.103413/2018, MFA
No.13414/2018, MFA No.103415/2018 & MFA
No.103416/2018 would have suffered the whole body
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
disab ility at 7.33%, which is rounded off to 7% (22%
x 1/3 r d ).
6. Further, the Tribunal has adopted
appropriate multiplier considering the respective age
of the claimants in all these case.
7. Thus, the claimants would be entitled to the
compensation towards "loss of future income" as
follows:
In MFA No.103412/2018 (MVC No.4/2015)
Rs.7,500/- x 12 x 17 x 8% = Rs.1,22,400/-
IN MFA No.103413/2018 (MVC No.77/2015)
Rs.7,500/- x 12 x 14 x 7% = Rs.88,200/-
IN MFA No.103414/2018 (MVC No.78/2015)
Rs.7,500/- x 12 x 18 x 7% = Rs.1,13,400/-
IN MFA No.103415/2018 (MVC No.79/2015)
Rs.7,500/- x 12 x 11 x 7% = Rs.69,300/-
IN MFA No.103416/2018 (MVC No.80/2015)
Rs.7,500/- x 12 x 18 x 7% = Rs.1,13,400/-
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
8. Further, the compensation of Rs.10,000/-
awarded in all these cases towards "pain and
suffering" is enhanced to Rs.40,000/- in MFA
No.103412/2018 & MFA No.103413/2018 and
Rs.30,000/- in MFA No.103414/2018, MFA
No.103415/2018 & MFA No.103416/2018.
9. A sum of Rs.10,000/- awarded by the
Tribunal in all these cases towards "Loss of Amenities
in life" is enhanced to Rs.30,000/-.
10. In all these cases, the Tribunal has awarded
three months salary as "loss of earning during treatment
period". As I have already held that the monthly income
of the claimants at Rs.7,500/- and the compensation
awarded under this head would accordingly stand modified
at Rs.22,500/- (Rs.7,500/- x 3).
11. A sum of Rs.10,000/- awarded by the
Tribunal in all these cases toward s "Diet, nourishment,
attendant charg es & conveyance" is enhanced to
Rs.15,000/-.
- 10 -
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
12. The compensation awarded by the Trib unal
in all these cases towards "medical reimbursement" is
just and proper and the same do not call for any
interference.
13. Thus, the claimants in all these cases would
be entitled to total compensation as follows:
In MFA No.103412/2018 (MVC No.4/2015)
1. Loss of future income Rs.1,22,400/-
2. Pain and suffering Rs.40,000/-
3. Loss of amenities in life Rs.30,000/-
4. Loss of earning during Rs.22,500/-
treatment
5. Diet, nourishment, attendant Rs.15,000/-
charges & conveyance.
6. Medical reimbursement Rs.16,500/-
TOTAL Rs.2,46,400/-
IN MFA No.103413/2018 (MVC No.77/2015)
1. Loss of future income Rs.88,200/-
2. Pain and suffering Rs.40,000/-
3. Loss of amenities in life Rs.30,000/-
4. Loss of earning during Rs.22,500/-
treatment
5. Diet, nourishment, attendant Rs.15,000/-
charges & conveyance.
6. Medical reimbursement Rs.20,000/-
TOTAL Rs.2,15,700/-
- 11 -
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
IN MFA No.103414/2018 (MVC No.78/2015)
1. Loss of future income Rs.1,13,400/-
2. Pain and suffering Rs.30,000/-
3. Loss of amenities in life Rs.30,000/-
4. Loss of earning during Rs.22,500/-
treatment
5. Diet, nourishment, attendant Rs.15,000/-
charges & conveyance.
6. Medical reimbursement Rs.21,600/-
TOTAL Rs.2,32,500/-
IN MFA No.103415/2018 (MVC No.79/2015)
1. Loss of future income Rs.69,300/-
2. Pain and suffering Rs.30,000/-
3. Loss of amenities in life Rs.30,000/-
4. Loss of earning during Rs.22,500/-
treatment
5. Diet, nourishment, attendant Rs.15,000/-
charges & conveyance.
6. Medical reimbursement Rs.24,850/-
TOTAL Rs.1,91,650/-
IN MFA No.103416/2018 (MVC No.80/2015)
1. Loss of future income Rs.1,13,400/-
2. Pain and suffering Rs.30,000/-
3. Loss of amenities in life Rs.30,000/-
4. Loss of earning during Rs.22,500/-
treatment
5. Diet, nourishment, attendant Rs.15,000/-
charges & conveyance.
6. Medical reimbursement Rs.20,600/-
TOTAL Rs.2,31,500/-
14. The Tribunal in all these cases has held that
the Insurance Company is not liable. However, since it
- 12 -
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
is not in disp ute that the vehicle in question had a
carrying capacity of 10+1, the Insurance Company
would be liab le to the extent of the seating capacity
and since the present set of claim petitions totally
numbering 5 come within the seating cap acity , the
finding of the Tribunal that there was a violation of
terms of the policy cannot be accepted. This finding is
therefore set aside and it is made clear that the
Insurance would be liable to pay the said
compensations.
15. Accordingly, the appeals filed by the
claimants are allowed in part. The Judgment and
Award passed by the Tribunal is modified .
16. The respective claimant in all these cases
would be entitled to a total compensation of
Rs.2,46,400/- as against Rs.1,37,940/ - in
MFA No.103412/2018 (MVC No.4/2015);
Rs.2,15,700/- as against Rs.1,05,746/- in
MFA No.103413/2018 (MVC No.77/2015);
Rs.2,32,500/- as against Rs.1,19,082/- in
MFA No.103414/2018 (MVC No.78/2015);
Rs.1,91,650/- as against Rs.1,01,794/- in
MFA No.103415/2018 (MVC No.79/2015);
- 13 -
MFA No. 103412/2018
C/W MFA Nos. 103413/2018,
103414/2018, 103415/2018
& 103416/2018
Rs.2,31,500/- as against Rs.1,18,082/- in
MFA No.103416/2018 (MVC No.80/2015) as awarded
by the Tribunal along with interest at the rate of 6%
p.a. from the date of petitions till realization
respectively.
17. The Insurance Company is directed to
deposit the entire compensation amount along with
interest, excluding the amount in deposit, if any , in all
these cases, within a period of six weeks from the
date of receipt of a certified copy of this judgment
before the Tribunal for disbursement to the claimants
respectively.
18. The order of apportionment and deposit
ordered by the Tribunal shall hold good for the
compensation awarded in these ap peals.
Sd/-
JUDGE
Vnp*
