New India Assurance Co.Ltd vs Prakash S/O Motiram Pawar And Anr
2024 Latest Caselaw 19323 Kant

Karnataka High Court

New India Assurance Co.Ltd vs Prakash S/O Motiram Pawar And Anr on 1 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                         NC: 2024:KHC-K:5535
                                                     MFA No. 201239 of 2017




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO. 201239 OF 2017 (MV-I)

                   BETWEEN:

                   NEW INDIA ASSURANCE CO.LTD.
                   BY ITS THE DIVISIONAL MANAGER,
                   NO.10/27, II FLOOR, SANGAMESHWAR COLONY,
                   KALABURAGI.


                                                                ...APPELLANT
                   (BY SRI SANJAY M. JOSHI, ADVOCATE)

                   AND:

                   1.   PRAKASH S/O MOTIRAM PAWAR
                        AGE: 37 YEARS, OCC: AGRICULTURE,
Digitally signed
                        R/O. SEEDS FARM TANDA, ALAND
by RENUKA               DIST. KALABURAGI,
Location: HIGH          NOW R/O. H.NO.601/A KHADARI CHOWK
COURT OF                ALANDA ROAD, KALABURAGI-585103.
KARNATAKA

                   2.   VASANT S/O ANNAREDDY
                        AGE: MAJOR, OCC: OWNER OF VEHICLE,
                        MH 25 Z 0591, R/O. ACHALER
                        TQ. LOHARU, DIST. OSMANABAD,
                        STATE MAHARASTRA-413501.


                                                             ...RESPONDENTS
                   (BY SRI B C JAKA, ADV, FOR R1)
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                                       NC: 2024:KHC-K:5535
                                   MFA No. 201239 of 2017




     THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 15.05.2017
PASSED IN MVC.NO 1072/2015 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE AND MACT AT KALABURAGI AND MODIFY
THE SAME BY RESTRICTING THE LIABILITY OF THE APPELLANT
INSURANCE COMPANY TO ONLY RS.6,000/- WITH 6%
INTEREST AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

1. Notice to owner of the vehicle i.e., respondent No.2

would be unnecessary since the liability of the insurer is

not in dispute and the appeal relates only to the quantum.

2. For the death of a cow in a motor vehicle accident,

the Tribunal has awarded a compensation of Rs.3,05,000/.

For arriving at the said conclusion, the Tribunal has taken

the income from the cow at Rs.48,000/- per annum and

has calculated that the yield of the cow would be for 10 to

12 years and hence the claimant would be entitled for a

sum of Rs.2,40,000/- towards loss of dependency. It is

also awarded Rs.15,000/- towards transportation of dead

NC: 2024:KHC-K:5535

body and other expenses, Rs.10,000/- towards love and

affection and Rs.40,000/- towards loss of cow. In my view,

this reasoning of the Tribunal cannot be accepted.

3. If a milk yielding cow is lost, the easiest way of

replacing the income would be to purchase a comparable

cow and continue getting an income. The manner in which

the Tribunal has calculated the loss of dependency of a

cow would be therefore incorrect. The Tribunal has come

to the conclusion that the cost of cow would be not less

than Rs.40,000/-.

4. In my view, having regard to the totality of the

circumstances, it would be appropriate to award a sum of

Rs.75,000/- towards the loss of cow together with interest

on this amount @ 6% p.a. from the date of the claim

petition.

Accordingly, the appeal is allowed in part.

Sd/-

(N.S.SANJAY GOWDA) JUDGE msr

CT:VD