Karnataka High Court
The Managing Director vs Manjappa S/O. Bhimappa Basavanayakar on 14 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14685
MFA No. 100032 of 2019
C/W MFA No. 100031 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 100032 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100031 OF 2019 (MV-D)
IN MFA NO. 100032 OF 2019:
BETWEEN:
THE MANAGING DIRECTOR,
NWKRTC AND SELF INSURANCE FUND,
ITS BRANCH OFFICE, NEAR RTO OFFICE,
P.B. ROAD, HAVERI-581110,
R/BY DULY CONSTITUTED AUTHORITY
AND CHIEF LAW OFFICER,
NWKRTC CENTRAL OFFICE,
HUBBALLI.
... APPELLANT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
AND:
Digitally
signed by
SUJATA 1. MANJAPPA S/O BHIMAPPA BASAVANAYAKAR,
SUBHASH
PAMMAR AGE: 40 YEARS, OCC: AGRICULTURE WORK,
R/O. MELLIGATTI, TAL: SAVANUR,
DIST: HAVERI-581111.
2. DRAKSHAYANI W/O MANJAPPA BASAVANAYAKAR
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. MELLIGATTI, TAL: SAVANUR,
DIST: HAVERI-581111.
... RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 22.09.2018 PASSED
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NC: 2023:KHC-D:14685
MFA No. 100032 of 2019
C/W MFA No. 100031 of 2019
IN MVC NO.31/2017 (OLD MVC NO.695/2017) ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
SHIGGAON, AWARDING COMPENSATION OF RS.6,10,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE
REALIZATION.
IN MFA NO.100031 OF 2019:
BETWEEN:
THE MANAGING DIRECTOR,
NWKRTC AND SELF INSURANCE FUND,
ITS BRANCH OFFICE, NEAR RTO OFFICE,
P.B. ROAD, HAVERI-581110,
R/BY DULY CONSTITUTED AUTHORITY
AND CHIEF LAW OFFICER,
NWKRTC CENTRAL OFFICE,
HUBBALLI.
... APPELLANT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
AND:
MANJAPPA S/O BHIMAPPA BASAVANAYAKAR,
AGE: 40 YEARS, OCC: AGRICULTURE WORK,
R/O. MELLIGATTI, TAL: SAVANUR,
DIST: HAVERI-581111.
... RESPONDENT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 22.09.2018 PASSED
IN MVC NO.30/2017 (OLD MVC NO.694/2017) ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
SHIGGAON, AWARDING COMPENSATION OF RS.10,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE
DEPOSIT.
THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14685
MFA No. 100032 of 2019
C/W MFA No. 100031 of 2019
JUDGMENT
These two appeals are filed by the insurance
company questioning the entire rashness and negligence
attributed on the driver of the bus and also to reduce the
quantum of compensation.
2. Heard the arguments and perused the material
placed on record.
3. In this case, the factum of accident, death of
deceased in the said accident and coverage of insurance
are not in dispute.
4. In the present case the deceased was riding the
motorcycle along with minor daughter of 5 years and his
wife as a pillion rider. The driver of the bus has given hand
signal to the deceased to overtake the bus, but in that
process, the driver of the bus has suddenly taken the bus
towards right-side. Therefore, the right-side front portion
of the bus dashed the motorcycle. Due to which, the minor
girl died in the accident.
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5. The tribunal has correctly appreciated the
evidence on record in this regard and therefore, there is
no error found in the submission made by the learned
counsel for the appellant that the deceased has attributed
contributory negligence. Therefore, the tribunal is correct
in holding that the driver of the bus was completely rash
and negligent in driving the bus and caused accident.
Therefore, the appeal of the insurance company is liable to
be dismissed.
6. In the present case, the deceased is 12 years
old minor boy. As per the judgment of Hon'ble Supreme
Court in the case of Kishan Gopal and another vs. Lala
and others1, the annual income would be taken at
Rs.30,000/- and the multiplier holding according to the
age of the younger parents who is 32 years old. Therefore,
(2014)1 SCC 244
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the appropriate applicable multiplier is 16. The loss of
dependency is awarded as Rs.30,000 X 16 = 4,80,000/-.
7. In view of the decision of the Hon'ble Supreme
Court in the case of Magma General Insurance Co.
Limited v. Nanu Ram & Others, reported in 2018 ACJ
2782 and in the case of Pranay Sethi supra, the
claimants are entitled to Rs.40,000/- each under the head
'loss of consortium', along with 10% escalation.
Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is
awarded under the head 'loss of consortium including loss
of love and affection'.
8. Further, a compensation of Rs.15,000/- each is
awarded under the head 'loss of estate' and 'funeral and
transportation' respectively, along with 10% escalation.
Therefore under these heads Rs.33,000/- (Rs.15,000 x 2
+ 10%) is awarded.
9. Thus, the claimants would be entitled for
compensation under various heads as under:
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Sl. Heads. Amount
No. in (Rs.)
1. Towards loss of dependency 4,80,000
(Rs.30,000 x 16)
2. Towards loss of consortium 88,000
(40,000 x 2 +10%)
3. Towards loss of estate and 33,000
transportation of dead body &
funeral expenses.
(15,000 x 2 + 10%)
Total: 6,01,000
10. Therefore, the claimants are entitled for
compensation of Rs.6,01,000/- as against what has been
awarded by the tribunal along with interest at the rate of
6% p.a. from the date of filing of the petition till
realization. The insurance company is directed to deposit
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
11. In the result, I proceed to pass the following:
ORDER
i) MFA No.100031/2019 is dismissed.
ii) MFA No.100032/2019 is allowed in part.
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iii) The judgment and award passed in MVC
No.31/2017, dated 22.09.2018, by the
Senior Civil Judge and JMFC, Shiggaon,
stands modified.
iv) The claimants are entitled for total
compensation of Rs.6,01,000/- as against
what has been awarded by the tribunal
along with interest at the rate of 6% p.a.
from the date of petition till its realization.
v) The amount in deposit shall be transmitted
to the tribunal.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
SSP
