Karnataka High Court
Ravi S/O Mallikarjuna Nuchhi vs Topanna S/O Mallappa Dhanashetty on 1 August, 2023
Bench: Ravi V Byrvhj
-1-
NC: 2023:KHC-K:6037
MFA No. 201514 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 201514 OF 2015 (MV-D)
BETWEEN:
RAVI S/O MALLIKARJUNA NUCHCHI,
AGED ABOUT 38 YEARS,
OCC: BUSINESS, R/O UKKALLI,
TQ: BASAVANABAGEWADI,
DIST: VIJAYAPUR.
...APPELLANT
(BY SRI ANANTH S. JAHAGIRDAR, ADVOCATE)
AND:
1. TOPANNA
Digitally signed
by SACHIN S/O MALLAPPA DHANASHETTI,
Location:
HIGH COURT AGED ABOUT 46 YEARS,
OF
KARNATAKA OCC: AGRICULTURE,
R/O UKKALLI,
TQ: BASAVANABAGEWADI,
DIST: VIJAYAPUR-586 203.
2. BASALINGAMMA
W/O TOPANNAPPA DHANASHETTI,
AGED ABOUT 45 YEARS,
OCC: HOUSEHOLD WORK
R/O UKKALLI, TQ: BASAVANABAGEWADI,
-2-
NC: 2023:KHC-K:6037
MFA No. 201514 of 2015
DIST: VIJAYAPUR-586 203.
3. THE MANAGER (LEGAL),
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.S-5, 2ND FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI.SUDHIRSINGH R.VIJAPUR ADVOCATE FOR R1 AND R2;
SRI.SUBHASH MALLAPUR ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 20.07.2015 PASSED IN M.V.C.NO.95/2012 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT-
IX AT BASAVANABAGEWADI AND TO PASS ANY OTHER
APPROPRIATE ORDER AS MAY BE NECESSARY, IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Challenging common judgment and award dated
20.07.2015 passed in MVC nos.94 and 95 of 2012 by
Senior Civil Judge and Member, MACT-IX, Basavana
Bagewadi (hereinafter referred to as 'Tribunal' for brevity)
insofar as MVC no.95/2022 is concerned, this appeal is
filed.
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MFA No. 201514 of 2015
2. It was submitted that under impugned award,
Tribunal recorded a finding that in an accident that
occurred on 14.05.2012, when Santhosh S/o Topanna
Dhanashetti was riding motorcycle bearing Reg.no.KA-
28/J-4195 from Vijayapur to Ukkalli, a TATA 608 lorry
bearing Reg.no.KA-28/B-0457 driven by its driver in a
rash and negligent manner, dashed against motorcycle
resulting in death of Santhosh as well as other rider
Adiveppa S/o Shankreppa Bhuseri. On account of loss of
dependency, two separate claim petitions were filed i.e.,
MVC no.95/2012 is in respect of death of Santhosh and
MVC no.94/2012 is in respect of Adiveppa. Since both
claim petitions were in respect of same accident, they
were clubbed together.
3. It was further submitted that on contest,
Tribunal framed issues, recorded evidence and held
claimants had established occurrence of accident was due
to rash and negligent driving of lorry by its driver and said
vehicle was insured with respondent No.2 - Sriram General
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MFA No. 201514 of 2015
Insurance Company Ltd. However as driver of lorry was
not having effective driving licence Tribunal discharged
liability of insurer and fastened liability on owner.
4. It was submitted that in MFA no.201513/2015
filed by owner against award in MVC no.94/2012, this
Court in its judgment dated 28.09.2021 had modified
award and held insurer liable to pay entire award amount
and thereafter recover 25% from owner of insured vehicle.
5. It was submitted that in view of same,
impugned award in present appeal would also require
similar modification.
6. On other hand, Sri Sudhirsingh R.Vijapur,
learned counsel for respondents 1 and 2 and Sri Subhash
Mallapur, learned counsel for respondent no.3 sought to
support award of Tribunal.
7. Heard and perused impugned award and
records.
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MFA No. 201514 of 2015
8. From above submission, occurrence of accident,
involving of insured vehicle, leading to death of Adiveppa
and Santhosh as stated above is not in dispute. Finding
recorded by Tribunal that accident was due to rash and
negligent driving of insured vehicle by its driver is also not
challenged. Only on ground that driver of insured vehicle
was not possessing valid and effective driving licence,
liability of insurer was absolved and fastened on owner of
insured vehicle. Hon'ble Supreme Court in case of Pappu
and others vs. Vinod Kumar Lamba and another1 has
held that in case where claimant was third party, insurer
would be liable to compensate said third party and
thereafter recover it from insured. Since claimants herein
are indisputably third party, ratio would squarely apply.
Even this Court in appeal arising out of connected claim
petition affirmed said legal position.
9. On perusal of award, it is seen that for death of
Santhosh, a 23 years old, who had completed his ITI
(2018) 3 Supreme Court Cases 208
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MFA No. 201514 of 2015
Course, Tribunal considered notional monthly income of
`4,000/-, determined his age as 25 years, applied
multiplier of '18', deducted 50% towards personal
expenses as he was bachelor and by adding `20,000/-
towards funeral expenses, `10,000/- towards loss of
estate and `30,000/- towards loss of love and affection,
awarded total compensation of `4,92,000/- with interest at
rate of 8% per annum.
10. On perusal of said award same does not in any
manner appear to be excessive or unjustifiable. Hence,
same would not call for any interference.
11. Consequently, appeal is allowed in part.
Impugned award is modified holding insurer liable to pay
entire award amount to claimants and thereafter recover
same from insured.
Insurer shall deposit entire award amount before
Tribunal within a period of six weeks from date of receipt
of certified copy of this judgment.
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MFA No. 201514 of 2015
On deposit, same shall be disbursed as per award of
Tribunal.
Since appeal is allowed in part, amount in deposit is
ordered to be refunded to appellant.
Sd/-
JUDGE
SN
