Karnataka High Court
Mr. Janu Gowda vs Reliance General Insurance on 5 April, 2024
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MFA No. 6668 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 6668 OF 2017 (MV-D)
BETWEEN:
1. MR. JANU GOWDA
S/OLATE KUNJIRA GOWDA
AGED 64 YEARS
2. SMT NAGAMMA
W/O JANU GOWDA
AGED 54 YEARS
BOTH ARE R/AT KELAGINA MANE HOUSE
MITHABAGILU VILLAGE,MALAVANTHIGE
POST, DIDUKPE, BELTHANGADY TALUK
PRESENTLY R/AT "DURGA NIVAS"
FURUPURA VILLAGE AND POST
MANGALURU TALUK, D.K. - 574 145 ...APPELLANTS
(BY SRI. GURUPRASAD B R., ADV.)
AND:
1. RELIANCE GENERAL INSURANCE
Digitally signed by RAI"S TOWER, PLOT NO.2054
HARIKRISHNA V 2ND AVENUE, 2ND FLOOR
Location: HIGH COURT (NEXT TO SENTHIL NURSING HOME)
OF KARNATAKA ANNA NAGAR, CHENNAI - 600 040
TAMIL NADU, REP. BY ITS MANAGER
2. MR VASUDEVAN S
S/O SAMY NAIDU
AGED ABOUT 70 YEARS
R/AT D.NO.76
TAMILU MUTHU NAGARA
KONDURU, CUDDALORE (M)-607002
TALUK & ZILLA, TAMIL NADU
SINCE DECEASED BY HIS LRS.
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MFA No. 6668 of 2017
2(a). SMT DHANALAXMI
W/O LATE VASUDEVAN S
AGED MAJOR
2(b). MR V MANI VANNAN
S/O LATE VASUDEVAN S
AGED MAJOR
BOTH ARE R/AT D.NO.76
TAMILU MUTHU NAGARA
KONDURU, CUDDALORE (M)-607 002
TAMIL NADU.
4. MR SRINIVAS GOWDA
S/O JANU GOWDA
AGED 27 YEARS
5. SMT ARUNA
D/O JANU GOWDA
AGED 33 YEARS
6. SMT LEELAVATHI
D/O JANU GOWDA
AGED 31 YEARS
RESPONDENT NOS. 3 TO 5 ARE
R/AT KELAGINA MANE HOUSE
MITHABAGILU VILLAGE
MALAVANTHIGE POST, DIDUKPE
BELTHANGADY TALUK
PRESENTLY R/AT "DURGA NIVAS"
FURUPURA VILLAGE AND POST,
MANGALURU TALUK, D.K. - 574 145 ...RESPONDENTS
(BY SRI.RAVI S. SAMPRATHI, ADV. FOR R1;
NOTICE TO R2 (a) & (b), R3, R4 & R5 DISPENSED WITH
VIDE ORDER DATED 18.11.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 14.02.2017
PASSED IN MVC NO.1807/2011 ON THE FILE OF THE MEMBER
MACT-III AND II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, D.K.MANGALURU. PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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MFA No. 6668 of 2017
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the petitioners have challenged
the judgment and award dated 14.02.2017 passed in
M.V.C.No.1807/2011 by the II Additional District
Judge and III Additional M.A.C.T, Mangaluru (DK)
('the Tribunal' for short).
2. For the sake of convenience, the rank of the
parties shall be referred to as per their status before
the Tribunal.
3. Brief facts of the case are, one
Purushothama ('deceased'), son of petitioner Nos.1
and 2 and brother of petitioner Nos.3 to 5 while
riding motor cycle bearing registration No.KA-19/Q-
1931 as pillion rider on 18.08.2011 at about 6.00
p.m., on Kadur-Bantwal Road near Kashibettu
Shanishwara Temple of Laila village, hit from hind by
lorry bearing registration No.TN-31/AA-7607 injuring
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both riders. Deceased was treated at Benaka
Hospital, Ujire and brought to Government Hospital,
Belthangady, where he was declared brought dead.
As dependants, the petitioners have approached the
Tribunal for grant of compensation of Rs.30,00,000/-
on the ground that the deceased was aged 22 years,
working as Jeep driver earning Rs.8,000/- per month
and batta of Rs.50/- per day. The claim was
opposed by the Insurance Company on the ground
that the driver of the lorry was not holding valid
driving licence at the time of accident; there was
violation of terms and conditions of the insurance
policy. After taking the evidence and haring both
parties, the Tribunal by the impugned judgment and
award granted compensation of Rs.10,05,000/- with
interest @ 6% per annum. Pleading inadequacy and
seeking enhancement of compensation, the
petitioners have filed this appeal on various heads.
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4. Heard the arguments of Sri.B.R.Guruprasad,
learned Counsel for the petitioners and Sri.Ravi
S.Samprathi, learned counsel for the Insurance
Company.
5. It is the contention of the learned counsel for
the petitioners that there are five dependants to the
deceased, inspite of it, the Tribunal has deducted
1/3rd towards personal expenses, age of the mother
was considered for selection of multiplier,
compensation awarded towards conventional heads
is inadequate, so also loss of dependency and sought
for enhancement of compensation.
6. Per contra, learned counsel for the
Insurance Company has contended that the
petitioners have not produced any proof of income
pertains to deceased. Having regard to the nature of
his avocation and prevailing wages in the year 2011,
notional income can be assessed reasonably at
Rs.6,500/- per month. The Tribunal has taken
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income of the deceased at Rs.10,000/- which is on
the higher side. The compensation under
conventional heads is adequately awarded and
supported the impugned judgment.
7. I have given my anxious consideration to the
arguments addressed on behalf of the parties and
perused the records.
8. The material on record points out that there
was an accident on 18.08.2011 at 6.00 p.m.,
involving motor cycle and the lorry in question,
wherein both the riders of the motor cycle have
sustained injuries. The deceased being pillion rider
succumbed to death on account of the injuries
sustained in the accident. The prosecution papers
point out actionable negligence against the driver of
the lorry. The Tribunal has rightly recorded that the
accident was on account of the negligence on the
part of the driver of the lorry.
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9. The petitioners claim that the deceased was
aged 22 years working as Jeep driver earning salary
of Rs.8,000/- and batta of Rs.50/- per day. It is the
contention of the petitioner that since there are five
dependants, 1/4th has to be deducted towards
personal expenses whereas the Tribunal has
deducted 1/3rd. Age of the deceased is relevant
factor for selection of multiplier, but the Tribunal has
taken the age of the mother for selection of
multiplier.
10. In a case of this nature, compensation has
to be determined by following the principles settled
by the Hon'ble Apex Court in National Insurance
Co.Ltd. -vs- Pranay Sethi and Others1 and Sarla
Varma (Smt.) and Others -vs- Delhi Transport
Corporation and Another2 so also the principle laid
(2017) 16 SCC 680
(2009) 6 SCC 121
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down in Shri Ram General Insurance Co. Ltd. -
vs- Bhagat Singh Rawat & Ors.3
11. By applying the said principles, by taking
the income at Rs.10,000/- per month as determined
by the Tribunal, since the deceased is less than 25
years, multiplier applicable is '18', future prospects
of 40% has to be considered and 50% has to be
deducted towards personal expenses of the deceased
as he was a bachelor. Then the loss of dependency
will be Rs.10,000/- + Rs.4,000/- (40%) =
Rs.14,000/- - Rs.7,000/- (50%) = Rs.7,000/- x 12
x 18 = Rs.15,12,000/-. Under the conventional
heads, a sum of Rs.50,000/- together to the parental
consortium and siblings of the deceased towards loss
of love and affection; towards funeral expenses and
loss of estate at Rs.15,000/- each has to be
assessed, in all, Rs.80,000/-. Since the accident is
of the year 2011, thirteen years has already been
Civil Appeal Nos.2410-2412/2023, decided on 27.03.2023
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lapsed, hence 10% for every 3 years comes to
Rs.32,000/-, thereby compensation under
conventional heads comes to Rs.1,12,000/-. If it is
added, total compensation comes to Rs.16,24,000/-
as against Rs.10,05,000/- assessed by the Tribunal
thereby, petitioners are entitled for enhancement of
Rs.6,19,000/-, which is the just compensation to
which the petitioners are entitled, in the facts and
circumstances of the case. It shall carry interest at
6% per annum. Hence, the appeal merits
consideration. In the result, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award passed
by the Tribunal is modified;
(iii) The petitioners are entitled to enhanced
compensation of Rs.6,19,000 /- with interest
at the rate of 6% per annum on the
enhanced compensation from the date of
petition till its realization;
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(iv) Rest of the judgment and award of the
Tribunal is kept intact;
(v) The Insurance Company is directed to
deposit the compensation amount within
eight weeks from the date of receipt of
certified copy of this judgment.
(vi) The amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
Sd/-
JUDGE
KNM
CT:HS
