Karnataka High Court
United India Insurance Company Limited vs Channavva W/O Channappa Shirol on 22 April, 2024
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MFA.CROB No. 100012 of 2024
C/W MFA No. 101681 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MFA CROSS OBJ NO. 100012 OF 2024 (MV-)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101681 OF 2022
IN MFA CROB NO. 100012 OF 2024
BETWEEN:
1. CHANNAVVA W/O. CHANNAPPA SHIROL,
AGE: 46 YEARS, OCC. HOUSEHOLD.
2. CHAMAPPA S/O. BASAPPA SHIROL,
AGE: 58 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O. RADDER ONI, DAMBAL,
TQ: MUNDARGI, & DIST: GADAG-582118.
...CROSS OBJECTORS
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
AND:
1. UNITED INDIA INSURANCE COMPANY LTD,
2ND FLOOR, IIC BRANCH-1 BUILDING,
Digitally signed NEAR HEAD POST OFFICE, LAMINGTON ROAD,
by ROHAN HUBBALLI-580020.
HADIMANI T
Location: HIGH
COURT OF 2. SRI. SHIVASHANKARAPPA
KARNATAKA S/O. BASAVANNEPPA ABBIGERI,
H.NO.43, BASAVA NILAYA,
SHRI. DATTANAGAR, HUBBALLI-580031.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.101681/2022 FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 25.11.2021 PASSED IN MVC NO. 67/2019 ON THE FILE OF
THE SENIOR CIVIL JUDGE MUNDARAGI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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MFA.CROB No. 100012 of 2024
C/W MFA No. 101681 of 2022
IN MFA NO. 101681 OF 2022
BETWEEN:
UNITED INDIA INSURANCE COMPANY LIMITED,
2ND FLOOR, LIC, BRANCH-I BUILDING,
NEAR POST OFFICE, LAMINGTON ROAD,
HUBBALLI- 580020, REPRESENTED THROUGH
ITS AUTHORIZED SIGNATORY,
SENIOR DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. S. S KOLIWAD, ADVOCATE)
AND:
1. CHANNAVVA W/O. CHANNAPPA SHIROL,
AGE: 44 YEARS, OCCU: HOUSE WIFE,
R/O. RADDER ONI, DAMBAL,
TQ: MUNDARGI, DIST: GADAG. PIN-582118.
2. CHANNAPPA S/O. BASAPPA SHIROL,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. RADDER ONI, DAMBAL,
TQ: MUNDARGI, DIST: GADAG,
PIN-582118.
3. SRI. SHIVASHANKARAPPA
S/O. BASAVANNEPPA ABBIGERI,
AGE: MAJOR, OCCU: BUSINESS,
R/O. H. NO.43, BASAVA NIILAYA ,
SHRI. DATTANAGAR HUBBALLI, PIN-580031.
...RESPONDENTS
(BY SRI. GIRISH S. HULMANI, ADV. FOR R1 & R2;
SRI. G. N. NARASAMMANAVAR, ADV. FOR R3)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021
PASSED IN MVC NO.67/2019 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR,
SITTING AT MUNDARGI, AWARDING COMPENSATION OF
Rs.16,75,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE
OF PETITION TILL ITS REALIZATION.
THIS MFA CROB AND APPEAL, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
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MFA.CROB No. 100012 of 2024
C/W MFA No. 101681 of 2022
JUDGMENT
MFA No.101681/2022 is filed by the appellant-insurance
company challenging the quantum of compensation and MFA
Crob.No.100012/2024 is filed by appellants-claimants seeking
for enhancement of compensation being aggrieved by the
judgment and award passed in MVC No.67/2019. Both the
appeal as well as the cross objection are arising out of the
judgment and award dated 25.11.2021 passed in MVC
No.67/2019 on the file of Senior Civil Jude & JMFC,
Laxmeshwar, sitting at Mundargi (for short, 'Tribunal').
2. Heard the learned counsel Sri.Sharanappa
S.Koliwad for the appellant/insurance company and learned
counsel Sri.Girish S.Hulmani, for the cross-objectors/claimants.
3. Learned counsel for the appellant/Insurance
Company submits that the Tribunal has committed grave error
in considering the income of the deceased at Rs.15,000/- per
month. The claimants have placed on record the pay slip and
attendance register, however, they have not produced any
corroborative evidence with regard to actual salary drawn by
the deceased, hence, seeks to re-assess the same notionally at
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Rs.11,750/- p.m. as per the notional income chart. Hence, he
seeks to allow the appeal filed by the insurance company.
4. Per contra, learned counsel for the cross-
objectors/claimants submits that insofar as the assessment of
the income of the deceased is concerned, the Tribunal has
taken note of Ex.P-6 and the oral testimony of RW-1, who is
the employer of the deceased, and assessed the income at
Rs.15,000/- p.m., hence, he seeks to sustain the income
assessed by the Tribunal. He further submits that the Tribunal
has erred in not awarding any compensation under the head of
loss of future prospects of the deceased. He also submits that
the Tribunal has awarded meager compensation under the head
of loss of consortium, loss of estate and funeral expenses,
which is required to be re-assessed by allowing the cross-
objection filed by the claimants.
5. I have heard the learned counsel for the parties and
perused the material available on record including the Tribunal
records.
6. In a road accident that occurred on 20.07.2018 one
Sri.Siddappa sustained fatal injuries and later he succumbed to
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the injuries. The parents of the deceased have filed the claim
petition. The deceased was aged about 21 years at the time of
accident and was working as a Supervisor under respondent
No.2. On re-appreciation of oral testimony of RW-1, it is
evident that the deceased was working with respondent No.2,
who was incidentally the owner of the vehicle. The deceased
was working as a Supervisor under the contract and drawing
salary of Rs.15,000/- as is evident from Ex.P-6 Salary slip. In
support of his work, the claimants have placed on record the
attendance diary at Ex.P-8. On considering the oral testimony
and the documentary evidence on record, this Court do not find
any error with regard to the assessment of income by the
Tribunal. Admittedly, the deceased was aged about 21 years,
hence, the cross-objectors are entitled to an addition of 40% of
the assessed income under the head of loss of future prospects
of the deceased. Hence, the compensation under the head of
loss of dependency is re-assessed as under:
Rs.15,000 + 40% x 12 x 18 X 50%= Rs.22,68,000/-
7. The claimants are entitled to Rs.44,000/- each
i.e., in total Rs.88,000/-, under the head of loss of consortium
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and Rs.16,500/- under the head of loss of estate and
Rs.16,500/- under the head of transportation of dead body
and funeral expenses.
8. Thus, the cross-objectors/claimants would be
entitled to modified compensation as under:
Particulars Amount
(in Rs.)
Loss of dependency 22,68,000
Loss of estate 16,500
Funeral expenses 16,500
Loss of consortium 88,000
Total 23,89,000
Thus, the cross-objectors/claimants are entitled to total
compensation of Rs.23,89,000/- as against Rs.16,75,000/-
awarded by the Tribunal.
9. In the result, I proceed to pass the following:
ORDER
a) MFA No.101681/2022 filed by the insurance
company is dismissed.
b) MFA Crob No.100012/2024 filed by the
claimants is allowed in part.
c) The impugned judgment and award of the
Tribunal is modified to an extent that the cross-
objectors/claimants would be entitled to total
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compensation of Rs.23,89,000/- as against
Rs.16,75,000/- awarded by the Tribunal.
d) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
e) The appellant/insurance company shall deposit
the enhanced compensation amount with
accrued interest before the Tribunal within a
period of six weeks from the date of receipt of
certified copy of this judgment.
f) Apportionment, deposit and disbursement shall
be made as per the award of the Tribunal.
g) The amount in deposit, if any, made by the
Insurance Company be transmitted to the
Tribunal forthwith.
h) Draw modified award accordingly.
In view of disposal of the main appeal and cross objection,
pending applications, if any, does not survive for consideration.
Sd/-
JUDGE
BSR
Ct-an
