The Divisional Manager vs Smt. Sunanda W/O Shankaragouda ...
2022 Latest Caselaw 11598 Kant

Citation : 2022 Latest Caselaw 11598 Kant
Judgement Date : 6 September, 2022

Karnataka High Court

The Divisional Manager vs Smt. Sunanda W/O Shankaragouda ... on 6 September, 2022

Bench: H.P.Sandesh

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                                                                 MFA No. 103108 of 2014


                                         IN THE HIGH COURT OF KARNATAKA

                                                  DHARWAD BENCH

                                    DATED THIS THE 6TH DAY OF SEPTEMBER, 2022

                                                       BEFORE
                                       THE HON'BLE MR JUSTICE H.P.SANDESH
                             MISCELLANEOUS FIRST APPEAL NO. 103108 OF 2014 (MV-D)
                             BETWEEN:

                             1.   THE DIVISIONAL MANAGER,
                                  NATIONAL INSURANCE CO.LTD.
                                  SUJATA COMPLEX, PB ROAD,
                                  HUBLI
                                  (INSURER OF TT UNIT BEARING
                                  NO.KA-27/T-4726/4627)
                                  NOW RPTD.BY DY.MANAGER,
                                  REGIONAL OFFICE, ARIHANT PLAZA
                                  2ND FLOOR, KUSUGAL ROAD,
                                  KESHWAPUR, HUBLI
                                                                           ...APPELLANT
                             (BY SRI. SURESH S.GUNDI, ADVOCATE)

                             AND:

                             1.   SMT. SUNANDA W/O SHANKARAGOUDA PATIL,
          Digitally signed
          by J MAMATHA            AGE: 44 YEARS,
J         Location:
                                  OCC: HOUSEHOLD,
          Dharwad
MAMATHA   Date:
          2022.09.09
          11:13:24 +0530
                                  R/O. DUNDASI, TQ: SHIGGOAN,
                                  DIST: HAVERI,NOW AT KURABAGERI
                                  RANEBENNUR, DIST: HAVERI.

                             2.   NINGANAGOUDA S/O SHANKARAGOUDA PATIL,
                                  AGE: 20 YEARS, OCC: STUDENT, R/O. DUNDASI, TQ:
                                  SHIGGOAN, DIST: HAVERI.

                             3.   SANTOSH S/O SHANKARAGOUDA PATIL,
                                  AGE: 19 YEARS, OCC: STUDENT, R/O. DUNDASI, TQ:
                                  SHIGGOAN, DIST: HAVERI.
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                                     MFA No. 103108 of 2014


     SIDDPPA G MARIREVANNANAVAR
     AS DEAD, RPTD.BY LRS.

4.   SHIVAYOGEPPA S/O SIDDAPPA MARIREVANNANAVAR
     MAJOR, OCC: AGRICULTURE,

5.   JAGADEESH S/O SIDDAPPA MARIREVANNANAVAR
     MAJOR, OCC: AGRICULTURE,

6.   RAJSHEKAR S/O SIDDAPPA MARIREVANNANAVAR
     MAJOR, OCC: AGRICULTURE,

     ALL ARE R/O. NAGANUR VILLAGE,
     TQ: and DIST: HAVERI

7.   MOHAMMAD RAFIQ S/O MAHABOOLISAB HAVERI
     R/O. UMASHANKARNAGER,
     RANEBENNUR, DIST: HAVERI
     (OWNER OF AUTORIKSHAW NO.
     KA-27/5166)

8.   MANJAPPA S/O DURGAPPA BUDIHAL
     R/O. KAJJARI, TQ: RANEBENNUR,
     DIST: HAVERI (DRIVER OF
     AUTORICKSHAW)
                                          ...RESPONDENTS
(BY SRI. G S HULMANI, ADV. FOR R1-R3,
     SRI LAXMAN T.MANTAGANI, ADV. FOR R4 TO R6,
     R7 AND R8 ARE SERVED)

      THIS MFA FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT     AND    AWARD    DTD:08.09.2014,   PASSED    IN
MVC.NO.204/2011 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE & AMACT, RANEBENNUR, AWARDING THE
COMPENSTION OF RS.7,82,000/- WITH INTEREST AT THE
RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS
REALIZATION.
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                                          MFA No. 103108 of 2014


     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             JUDGMENT

This appeal is filed by the Insurance Company challenging

the judgment and award passed in M.V.C.No.204/2011 dated

08.09.2014 on the file of the Addl. Senior Civil Judge and

AMACT, Ranebennur, questioning the quantum of

compensation.

2. It is contended by the learned counsel for the

appellant/Insurance Company that the Tribunal has taken the

income of the deceased at Rs.4,500/- even though the petition

is filed under Section 163-A of the Motor Vehicles Act and has

added 30% towards future prospects. When the claim petition

is filed under Section 163 (a) of the Motor Vehicles Act (for

short 'the Act') ought not to have added future prospects and

hence it requires interference of this Court. He would also

submit that the compensation awarded is on the higher side.

3. Learned counsel appearing for the respondents/claimants

would submit that the claim of the claimants was that the

deceased was earning Rs.3,300/- p.m. and while calculating the

MFA No. 103108 of 2014

loss of dependency, the Tribunal has committed a mistake by

taking the monthly income of the deceased at Rs.4,500/-.

Hence, he submits that the same may be corrected and the

compensation may be reduced.

4. Having heard the learned counsel appearing for the

parties and having regard to the fair submission made by

learned counsel for the respondents, admittedly the petition is

filed under Section 163 (a) of the Act. When such being the

case, taking the income at Rs.3,300/- p.m., applying the

correct multiplier of 16 and deducting 1/3rd towards the

personal expenses of the deceased, the loss of dependency

would come to Rs.4,22,400/- (Rs.3,300X12X16x1/3).

5. Apart from that, the claimants are entitled to a sum of

Rs.9,500/- under the conventional heads.

6. In all, the claimants are entitled to a total compensation

of Rs.4,31,900/- as against the sum of Rs.7,82,000/- awarded

by the Tribunal.

7. In view of the above discussions, I pass the following:

MFA No. 103108 of 2014

ORDER

i) The appeal is allowed,

ii) The judgment and award dated 08.09.2014 passed by the Addl. Senior Civil Judge and AMACT, Ranebennur, in M.V.C.No.204/2011 stands modified.

iii) The claimants are entitled to total compensation of Rs.4,31,900/- as against the sum of Rs.7,82,000/- awarded by the Tribunal.

iv) The compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization.

v) The order of the Tribunal with regard to apportionment and release of the amount remains unaltered.

vi) The amount deposited by the Insurance Company is ordered to be transferred to the Tribunal forthwith and directed to pay the compensation amount within four weeks.