Karnataka High Court
Smt.Bheembai W/O Late Venkatesh ... vs Basangouda S/O Adiveppagouda And Ors on 8 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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MFA No. 200974 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200974 OF 2017 (MV-D)
BETWEEN:
1. SMT.BHEEMBAI W/O LATE VENKATESH MOPAGAR
AGE: 58 YEARS, OCC: HOUSEHOLD
2. MARUTI S/O LATE RAMESH MOPAGAR
AGE: 14 YEARS, OCC. STUDENT
BOTH R/O. H.NO.74, JAGAT
OPP. CITY CORPORATION
KALABURAGI.
...APPELLANTS
(BY SRI SHARANABASSAPPA K. BABSHETTY, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR 1. BASANGOUDA S/O ADIVEPPAGOUDA
Location: HIGH AGE: 50 YEARS, OCC: DRIVER
COURT OF R/O. GULBAL, TQ. SHORAPUR
KARNATAKA
DIST. YADGIR-585201.
2. SIDDANGOUDA S/O KASHIRTAYA DESAI
AGE: 50 YEARS, OCC: OWNER OF TRACTOR
R/O. KIREDALLI
AT. SHALLAGI, POST. PEERAPUR
TQ. MUDDEBIHAL
DIST. VIJAYPURA-586101.
3. THE BAJAJ ALLIANCE GENERAL
INSURANCE CO. LTD.,
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MFA No. 200974 of 2017
REGD. OFFICE G.E.PLAZA
AIR PORT ROAD
YERWADA, PUNE (MAHARASTRA STATE)-411001.
...RESPONDENTS
(BY SRI S.V. PARADDY, ADV. FOR R1 AND R2;
SRI. SUBHASH MALLAPUR ADV. FOR R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO,
SET-ASIDE ORDER DTD-10/3/17, PASSED BY THE I ADDL.
SENIOR CIVIL JUDGE AND MACT AT KALABURAGI, IN MVC
NO.581/11 AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, 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. The appeal is by the claimants, challenging the
dismissal of their claim petition.
2. The case of the claimants was that the deceased
Ramesh was riding a motorcycle and was hit by a tractor
belonging to respondent No.2, as a result of which he
suffered grievous injuries and ultimately, succumbed to
the same.
3. The cousin of the deceased, who was travelling in the
motorcycle, had lodged the first information report, in
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which he stated that since the accident occurred when it
was dark, he was unable to note down the registration
number of the tractor and he was only able to identify the
colour of the tractor.
4. The insurer as well as the owner of the vehicle
entered appearance and seriously disputed the
involvement of the vehicle.
5. The Tribunal has accepted the assertions of the
owner that his vehicle was not involved in the accident,
since there was no material produced independently to
show that the tractor was involved.
6. Today, the learned counsel appearing for the
claimants places on record a copy of the judgment
rendered in Criminal Case No.353 of 2011 disposed of on
27.06.2019, which was a case registered against the
driver of the offending tractor in respect of the accident in
question.
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7. By this judgment, the learned Civil Judge, Shorapur,
has convicted the driver of the offending tractor, holding
that he was guilty of rash and negligent driving.
8. In my view, since a judicial finding is recorded that
the offending tractor was involved in the accident and the
driver of the said tractor was guilty of a criminal offence,
the finding of the Tribunal that the tractor was not
involved cannot be accepted and the same would have to
be set aside and accordingly, it is set aside.
9. The present case relates to the death of Ramesh,
who was aged about 35 years as on 30.03.2011 when the
accident took place. There is no proof of the income that
Ramesh was actually earning and hence, the sum of
Rs.6,000/- determined by the Karnataka State Legal
Services Authority for the accident of the year 2011 would
have to be taken as the notional income and a multiplier of
"16" will have to be applied.
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10. To the said notional income of Rs.6,000/-, 40% of
the same (Rs.2,400/-) would have to be added as future
prospects and then, out of this (Rs.8,400/-), one-third of the
same (Rs.2,800/-) would have deducted, since the deceased
was survived by his mother and son. The resultant
income would be Rs.5,600/-.
11. Consequently, the claimants would be entitled to a
sum of Rs.10,75,200/- [Rs.5,600/- X "16" X 12] towards
loss of dependency.
12. The claimants i.e., Bheemabai being the mother of
the deceased and Maruthi, son of the deceased, would
each be entitled to a sum of Rs.44,000/- towards loss of
love and affection, apart from a sum of Rs.33,000/-
under the conventional heads.
13. The claimants have produced medical bills, which
indicate that a total sum of Rs.94,369/- was spent. The
claimants should be entitled for the said sum towards the
medical expenses.
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14. Thus, the claimants would be entitled to the following
sums :
Compensation
Sl. As awarded by
No. Nature of Heads this Court
(In Rs.)
1. Loss of Dependency 10,75,200/-
2. Loss of love and affection 88,000/-
3. Conventional heads 33,000/-
4. Medical expenses 94,369/-
Total : 12,90,569/-
15. Thus, the claimants would be entitled for a
compensation of Rs.12,90,569/-, along with interest at
the rate of six per cent per annum from the date of
petition till its realization.
16. On such deposit being made, out of the
compensation awarded to the appellants-claimants, a sum
of Rs.4,00,000/- each shall be invested in the name of
appellant Nos.1 and 2 in any nationalized bank or post
office deposit for an initial period of three years. They
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shall, however, be entitled to draw periodical interest on
the said amount.
17. The remaining sum shall be disbursed to them in
equal proportions on proper identification.
18. The Insurance Company is directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
19. The appeal is accordingly allowed in part.
20. In view of the disposal of the appeal, all pending
interlocutory applications, if any, stand disposed of.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
RK
