Universal Sompo Gen. Insurance ... vs Menga Surekha And Ors
2023 Latest Caselaw 6252 Kant

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                                                   NC: 2023:KHC-K:6937-DB
                                                        MFA No. 201090 of 2021




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                             DATED THIS THE 1ST DAY OF SEPTEMBER, 2023

                                              PRESENT

                            THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                                AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                           MISCL. FIRST APPEAL NO.201090 OF 2021 (MV-D)

                      BETWEEN:

                           UNIVERSAL SOMPO
                           GEN. INSURANCE CO. LTD.,
                           THROUGH ITS BRANCH MANAGER,
                           2A, 2ND FLOOR, 84 RAMSON COMPLEX,
                           P.B.ROAD, HOSUR, HUBBALLI - 580 021
                           NOW BY AUTHORISED SIGNATORY
                                                                   ...APPELLANT

                      (BY SRI SUBHASH MALLAPUR, ADVOCATE)

                      AND:
Digitally signed by
SWETA KULKARNI
Location: HIGH
COURT OF              1.   MENGA SUREKHA
KARNATAKA
                           W/O. LATE MENGA RAJKUMAR,
                           AGE: 37 YEARS, OCCUPATION: HOUSEHOLD

                      2.   MENGA SUDEEP KUMAR
                           S/O. LATE MENGA RAJKUMAR
                           AGE :17 YEARS, OCCUPATION: STUDENT

                      3.   MENGA NILAMBIKA
                           D/O. LATE MENGA RAJKUMAR
                           AGE: 12 YEARS, OCCUPATION: STUDENT

                           (RESPONDENT NO.2 & RESPONDENT NO.3
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                             NC: 2023:KHC-K:6937-DB
                                   MFA No. 201090 of 2021




     U/G OF THEIR MOTHER MENGA SUREKHA)

     RESPONDENT NO.1 TO RESPONDENT NO.3 ARE
     R/O. H.NO.3-104/55, GOUTHAM NAGAR,
     PATANCHERU, MEDAK DIST.
     TELANGANA STATE
     NOW RESIDING AT DONGAPUR
     TQ.BHALKI, DIST.BHALKI - 585 401.

4.   SHIVARAJ S/O. SIDRAM MENGA
     AGE: 74 YEARS, OCCUPATION: NIL

5.   NAGAMMA W/O. SHIVARAJ MENGA
     AGE: 69 YEARS, OCCUPATION: NIL,
     RESPONDENT NO.4 TO RESPONDENT NO.5 ARE
     R/O. DONGAPUR, TQ.BHALKI,
     DIST.BIDAR - 585 401.

6.   B. SRINIVAS REDDY S/O. B.RAM REDDY
     AGE: MAJOR, OCCUPATION: BUSINESS,
     R/O: FLAT NO.203, RV FORTUNE NEST ALKAPOOR
     TOWNSHIP, NEAR SHIVALAYAM,
     NEKNAMPURA PUPPALAGUDA,
     K.V.RANGA REDDY, TELANGANA- 500 089.

                                            ...RESPONDENTS

(BY SRI BABU H. METTAGUDDA, ADV. FOR R1, R4 & R5,
R2 & R3 ARE MINORS REPTD. BY R1)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY
SETTING   ASIDE   THE   JUDGMENT      AND   AWARD   DATED
31.03.2021, IN M.V.C.NO.238/2017 PASSED BY THE SENIOR
CIVIL JUDGE & ADDL. MACT, BHALKI, IN THE INTEREST OF
JUSTICE AND EQUITY.
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                                   NC: 2023:KHC-K:6937-DB
                                        MFA No. 201090 of 2021




      THIS APPEAL COMING ON FOR ORDERS THIS DAY,
MOHAMMAD        NAWAZ      J.,   DELIVERED     THE    FOLLOWING:

                        JUDGMENT

This appeal is filed by the Insurance Company, feeling

aggrieved by the judgment and award dated 31.03.2021

passed by the Court of Senior Civil Judge and Additional MACT,

Bhalki, at Bhalki in MVC No.238/2017.

2. The Tribunal has awarded a total compensation of

`36,34,933/- along with interest at the rate of 9% per annum

from the date of petition till its realisation, for the death of one

M. Rajkumar in a road traffic accident which took place on

06.03.2017 at about 3.30 a.m., when the driver of the car

bearing Reg.No.AP-12/M-9311 by name B. Ravichandra Reddy

lost control over the car and hit against the road side stone. In

the said accident, B. Ravichandra Reddy died on the spot and

M. Rajkumar sustained grievous injuries to his head and chest

and later succumbed to the injuries in the hospital.

3. The claimants are the wife, two minor children and

the parents of the deceased.

NC: 2023:KHC-K:6937-DB MFA No. 201090 of 2021

4. This appeal is preferred on the ground that the

deceased was an inmate of the car which is involved in the

accident and therefore, the insurer is not liable to pay any

compensation. Further, that the Tribunal did not deduct TDS

while computing the compensation under the annual income.

5. It is not in dispute that the car which was involved

in the accident was insured with the appellant herein and the

policy - Ex.R-1 was in force at the time of accident. The

learned counsel for the appellant has contended that there was

no premium collected for the inmates of the vehicle and

therefore, the deceased being an inmate, cannot be considered

as a third party. However, perusal of the policy - Ex. R-1

shows it is a private car package policy which is also not

disputed and therefore, the contention of the learned counsel

for the appellant cannot be accepted.

6. There are five claimants. Considering the sum

awarded towards loss of consortium, we find that the

compensation awarded to the claimants is not excessive.

Hence, there is no scope for reduction of compensation and

NC: 2023:KHC-K:6937-DB MFA No. 201090 of 2021

therefore, there is no merit in this appeal. Accordingly, the

appeal is dismissed.

The amount in deposit before this Court shall be

transmitted to the Tribunal. Further, the Registry is directed to

send back the trial Court records forthwith.

Sd/-

JUDGE

Sd/-

JUDGE

SWK