Karnataka High Court
Smt. Sumitra @ Nagamma W/O vs The General Manager on 4 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14142
MFA No. 25207 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.25207/2011(MV-D)
BETWEEN:
1. SMT. SUMITRA @ NAGAMMA
W/O. MALLAPPA DESAI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK.
2. DEEPA MALLAPPA DESAI,
AGE: 12 YEARS, OCC: STUDENT.
3. AKASH MALLAPPA DESAI,
AGE: 9 YEARS, OCC: STUDENT.
(APPELLANT NO.2 AND 3 BEING MINORS
REP. BY THEIR NATURAL GUARDIAN
MOTHER APPLNT. NO.1)
4. CHENNAPPA MALLAPPA DESAI,
AGE: 71 YEARS, OCC: NIL,
ALL ARE R/O: HALAKI, TQ: SUANDATTI,
DIST: BELAGAVI.
...APPELLANTS
(BY SRI C.S.SANGANNAVAR, ADVOCATE)
Digitally
signed by
BHARATHI AND:
HM
THE GENERAL MANAGER,
IFFCO TOKIO GENERAL INSURANCE
COMPANY LTD, A/2, FLOOR
RELIANCE HOUSE, ISIDORO BAPTISTA ROAD,
PAJIFOND, MARGAO-GOA.
...RESPONDENT
(BY SRI M. K. SOUDAGAR, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 18.12.2009 PASSED BY THE ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL SAUNDATTI, AT SAUNDATTI IN
MVC NO.3286/2005 AND SUITABLE ENHANCE THE SAME AND ETC.,
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NC: 2023:KHC-D:14142
MFA No. 25207 of 2011
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the appellants-claimants for
seeking enhancement of compensation on account of
death of the deceased.
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, when deceased was riding the
motorcycle, skidded from the motorcycle and fell on
ground and due to which, injuries sustained on the vital
organs of the body and injured died in the accident by self
fall.
5. The claimants being legal heirs of deceased filed
claim petition under Section 166 of MV Act, against the
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insurance company who has issued the insurance to the
deceased in respect of the motorcycle. The tribunal has
awarded compensation of Rs.50,000/- on the principle of
"No fault liability". Even though, the tribunal is correct
while awarding compensation on the principle of "No fault
liability" and deceased himself is a tort feasor. Hence,
claim petition filed under Section 166 of MV Act is not
maintainable. Since, claim petition filed amounts as if it is
against the deceased. However, as per Ex.R1-insurance
policy, admittedly, premium of Rs.50-00 is collected for
covering personal accident risk of Rs.1,00,000/-.
Therefore, even though, the claimants are not entitled for
compensation under Section 166 of M.V. Act, but as per
Ex.R1-insurance policy, claimants are entitled for
compensation under the personal accident coverage up to
Rs.1,00,000/-. Therefore, it is held that without making
the claimants to walk from pillar to post to get
compensation of Rs.1,00,000/- from the insurance
company, Rs.1,00,000/- is awarded under the personal
accident coverage as per Ex.R1-insurance policy.
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Therefore, to this extent, the relief claimed by the
appellants is modified and accordingly, appeal filed by the
appellants-claimants is allowed in part.
6. Hence, I proceed to pass the following:
ORDER
i) Appeal is allowed in part.
ii) Judgment and award passed in MVC
No.3286/2005 dated 18.12.2009 by Addl. MACT,
Saundatti is modified.
iii) Appellants-claimants are entitled for
compensation of Rs.1,00,000/-. Since, it is
contractual liability of coverage of personal
accident, compensation amount shall not carry
interest.
SD/-
JUDGE
HMB
CT-ASC
