Karnataka High Court
United India Insurance Co. Ltd vs Smt.Somalingamma W/O. Sanna Rudrappa ... on 8 April, 2024
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NC: 2024:KHC-D:6235
MFA No. 101440 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101440 OF 2019 (MV-D)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD,
THE BRANCH MANAGER,
HOTEL SANMAN TOURIST COMPLEX,
C.B.S. CIRCLE, ISLAMPUR,
KUSHTAGI ROAD, GANGAVATHI,
DIST: KOPPAL, PINCODE: 583227,
REPRESENTED BY ITS
DIVISIONAL MANAGER.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
Digitally signed by
JAGADISH T R
Location: HIGH 1. SMT. SOMALINGAMMA
COURT OF
KARNATAKA W/O. SANNA RUDRAPPA SIDRAMPUR,
AGE: 41 YEARS, OCC: AGRICULTURIST.
2. YAMANOORAPPA
S/O. SANNA RUDRAPPA SIDRAMPUR,
AGE: ABOUT 15 YEARS,
OCC: AGRICULTURIST.
3. SHIVARAJ @ SHIVAPPA,
S/O. SANNA RUDRAPPA SIDRAMPUR,
AGED ABOUT 14 YEARS, OCC: STUDENT,
THE RESPONDENT NO.2 AND 3 ARE
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NC: 2024:KHC-D:6235
MFA No. 101440 of 2019
MINORS, R/BY THEIR M/G NATURAL
MOTHER RESPONDENT NO.1,
SMT. SOMALINGAMMA
W/O. SANNA RUDRAPPA SIDRAMPUR,
ALL ARE R/O. KOTNEKAL,
TQ: GANGAVATHI, DIST: KOPPAL,
PINCODE: 583227.
4. GOVINDAPPA S/O. NINGAPPA,
AGED ABOUT 31 YEARS,
OCC: DRIVER OF MAHINDRA
575 DI TRACTOR BEARING ITS
REG NO.KA-37/TB-1697,
R/O. KOTNEKAL, TQ: GANGAVATHI,
DIST: KOPPAL, PIN CODE: 583227.
5. SANNA RUDRAPPA S/O. BHEEMAPPA,
AGE: 46 YEARS, OWNER OF MAHINDRA
575 DI TRACTOR BEARING ITS
REG NO.KA-37/TB-1697,
R/O. KOTNEKAL, TQ: GANGAVATHI,
DIST: KOPPAL, PIN CODE: 583227.
...RESPONDENTS
(BY SRI. NAGARAJ J. APPANNAVAR, ADV. FOR R1 TO R3;
NOTICE TO R4 & R5 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC
NO.115/2018 ON THE FILE OF THE COURT OF THE SENIOR CIVIL
JUDGE AND M.A.C.T, AT GANGAVATHI EXAMINE THE SAME AND
MODIFY THE AWARD DATED 22-11-2018 TO REDUCE THE
COMPENSATION TO JUST LEVEL IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101440 of 2019
JUDGMENT
1. This appeal is filed by the appellant/Insurance Company
challenging the quantum of compensation awarded in
MVC.No.115/2018, dated 22.11.2018, on the file of the Senior
Civil Judge and MACT, Gangavathi.
2. Smt.Preeti Shashank, learned counsel for the
appellant/Insurance Company submits that the Tribunal has
committed grave error in awarding the total compensation of
Rs.13,56,000/- along with interest at the rate of 6% p.a. to the
respondent Nos. 1 to 3/claimants without considering the various
decisions of the Hon'ble Supreme Court. She further submits that
the deceased was aged about 14 years. Hence, the Tribunal ought
not to have assessed the income of the deceased and awarded the
compensation to the respondent Nos. 1 to 3/claimants. She
submits that this Court is required to re-assess the compensation
as per the law laid down by the Hon'ble Apex Court in the case of
Kurvan Ansari Alias Kurvan Ali & Another Vs. Shyam
Kishore Murmu & Another 1. Hence, she seeks to allow the
appeal.
IN CIVIL APPEAL No.6902 of 2021 Disposed off on 16.11.2021
NC: 2024:KHC-D:6235
3. Per contra, Sri.Nagaraj J Appannavar, learned counsel for
the respondent Nos.1 to 3/claimants supports the impugned
judgment and award of the Tribunal and submits that the
deceased was aged about 14 years. She adolescent and the
notional income is required to be re-assessed for the purpose of
awarding of the compensation and the Tribunal has rightly
assessed the income and he seeks to dismiss the appeal.
4. I have heard the learned counsel for the
appellant/Insurance Company and learned counsel for the
respondent Nos.1 to 3/claimants and perused the material
available on record.
5. It is not in dispute that on 22.5.2017, Kumari.Bheemamma
met with an accident, sustained injuries and she succumbed to the
injuries. The mother and two siblings have filed a claim petition
before the Tribunal. The Tribunal, considering the evidence
available on record has awarded total compensation of
Rs.13,56,000/- along with interest at the rate of 6% p.a.
6. Admittedly, the deceased was minor, aged about 14 years.
Hence, the award of compensation by the Tribunal is contrary to
various decision of the Hon'ble Supreme Court. This Court
NC: 2024:KHC-D:6235
keeping in mind the law laid down by the Hon'ble Apex Court in
the case of Kurvan Ansari referred supra is of the considered
view that the claimants are entitled to Rs.3,75,000/- under
the head of loss of dependency, Rs.1,20,000/- (40,000 x 3)
under the head of loss of consortium/love and affection
Rs.15,000/- under the head of transportation of dead body
and funeral expenses. Thus, the claimants would be entitled to
modified compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 3,75,000/-
Loss of consortium (40,000 x 3) 1,20,000/-
Transportation of dead body and funeral 15,000/-
expenses
Total 5,10,000/-
7. Thus, the claimants would be entitled to total compensation
of Rs. 5,10,000/- as against Rs.13,56,000/- awarded by the
Tribunal.
8. In the result, this Court proceeds to pass the following:
ORDER
a) Appeal stands allowed in part.
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b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total compensation
of Rs. 5,10,000/- as against Rs.13,56,000/-
awarded by the Tribunal.
c) The entire compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
d) The Insurance Company shall deposit the
aforesaid compensation amount with accrued
interest before the Tribunal within a period of six
weeks from the date of receipt of certified copy
of the judgment.
e) The apportionment, deposit and disbursement of
enhanced compensation shall be made as per
award of the Tribunal.
f) Registry to transmit the records forthwith to the
Tribunal.
g) The amount in deposit, if any shall be
transmitted to the Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
