Karnataka High Court
The General Manager vs Gangamma W/O. Chanappa Banakar on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2293
MFA.CROB No. 100025 of 2014
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
No.24005 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO.100025 OF 2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.24004 OF 2013,
MFA CROSS OBJ NO.100024 OF 2014,
MISCELLANEOUS FIRST APPEAL NO.24005 OF 2013,
IN MFA CROSS OBJ NO.100025 OF 2014
BETWEEN:
ADIVEPPAGOUDA
S/O. DODDABASAPAGOUDA MUDIGOUDRA,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MAKANUR, TQ: RANEBENNUR,
DIST: HAVERI.
...CROSS OBJECTOR
(BY SRI. G.S. HULAMANI, ADVOCATE)
Digitally
signed by AND:
SAROJA
SAROJA HANGARAKI
HANGARAKI Date: 1. MARUTI DONI S/O. LAKSHMAPPA
2024.02.19
15:57:45 AGE: 31 YEARS, OCC: BUSINESS,
+0530
R/O. UKKADAGATRI, TQ: HARIHAR,
DIST: DAVANGERE.
2. THE GENERAL MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
SUBRYAMANIYAM BUILDING, 2ND FLOOR,
NO.1 CLUB HOUSE ROAD, ANNA SALAIM,
CHENNAI, STATE: TAMILNADU.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
R1 DISPENSED WITH)
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NC: 2024:KHC-D:2293
MFA.CROB No. 100025 of 2014
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
No.24005 of 2013
THIS MFA. CROB IN MFA No.24004/2013 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT
AND AWARD DATED 30.08.2013 PASSED IN MVC No.567/2012
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
AMACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN M.F.A. NO.24004 OF 2013
BETWEEN:
THE GENERAL MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
SUBRYAMANIYAM BUILDING, 2ND FLOOR,
NO.1 CLUB HOUSE ROAD, ANNASALAIM,
CHENNAI, TAMILNADU-600002.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SRI. ADIVEPPAGOUDA
S/O. DODDABASAPAGOUDA MUDIGOUDRA,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MAKANUR, TQ: RANNEBENNUR,
DIST: HAVERI.
2. SRI. MARUTI DONI S/O. LAKSHMAPPA
AGE: 30 YEARS,
OCC: OWNER OF TATA ACE MAGIC NO.KA-17/B-4612,
R/O. UKKADAGATRI, TAL: HARIHAR,
DIST: DAVANGERE.
...RESPONDENTS
(BY SRI. G.S. HULAMANI, ADVOCATE FOR R1;
R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND
AWARD DATED 30.08.2013 PASSED IN MVC NO.567/2012
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NC: 2024:KHC-D:2293
MFA.CROB No. 100025 of 2014
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
No.24005 of 2013
ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MEMBER,
ADDL. MACT, RANNEBENNUR, AWARDING THE COMPENSATION
OF RS.1,18,320/- WITH INTEREST AT THE RATE OF 6% FROM
THE DATE OF PETITION TILL ITS REALISATION.
IN MFA CROSS OBJ NO.100024 OF 2014
BETWEEN:
GANGAMMA W/O. CHANNAPPA BANAKAR,
AGE: 57 YEARS, OCC: NIL,
R/O. KARALAGERI (MAKANUR)
TQ: RANEBENNUR, DIST: HAVERI.
...CROSS OBJECTOR
(BY SRI. G.S. HULAMANI, ADVOCATE)
AND:
1. MARUTI DONI S/O. LAKSHMAPPA
AGE: 31 YEARS, OCC: BUSINESS,
R/O. UKKADAGATRI, TQ: HARIHAR,
DIST: DAVANGERE.
2. THE GENERAL MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
SUBRYAMANIYAM BUILDING, 2ND FLOOR,
NO.1 CLUB HOUSE ROAD, ANNA SALAIM,
CHENNAI, STATE: TAMILNADU.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
R1 DISPENSED WITH)
THIS MFA. CROB IN MFA No.24005/2013 IS FILED
UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT
AND AWARD DATED 30.08.2013 PASSED IN MVC No.568/2012
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
AMACT, RANEBENNUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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NC: 2024:KHC-D:2293
MFA.CROB No. 100025 of 2014
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
No.24005 of 2013
IN M.F.A. NO.24005 OF 2013
BETWEEN:
THE GENERAL MANAGER,
ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,
SUBRYAMANIYAM BUILDING, 2ND FLOOR,
NO.1 CLUB HOUSE ROAD, ANNASALAIM,
CHENNAI, TAMILNADU-600002.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SMT. GANGAMMA W/O. CHANNAPPA BANAKAR,
AGE: 60 YEARS, OCC: NIL,
R/O. KARALAGERI (MAKANUR) VILLAGE,
TQ: RANNEBENNUR.
2. SRI. MARUTI DONI S/O. LAKSHMAPPA
AGE: 30 YEARS,
OCC: OWNER OF TATA ACE MAGIC NO.KA-17/B-4612,
R/O. UKKADAGATRI, TAL: HARIHAR,
DIST: DAVANGERE.
...RESPONDENTS
(BY SRI. G.S. HULAMANI, ADVOCATE FOR R1;
R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND
AWARD DATED 30.08.2013 PASSED IN MVC NO.568/2012
ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MEMBER,
ADDL. MACT, RANNEBENNUR, AWARDING THE COMPENSATION
OF RS.2,23,000/- WITH INTEREST AT THE RATE OF 6% FROM
THE DATE OF PETITION TILL ITS REALISATION.
THESE MFA. CROB AND MISCELLANEOUS FIRST APPEALS,
COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
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NC: 2024:KHC-D:2293
MFA.CROB No. 100025 of 2014
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
No.24005 of 2013
JUDGMENT
These appeals and cross objections are arising out of
the judgment and award passed in MVC No.567/2012 and
568/2012 on the file of the Prl. Senior Civil Judge and
AMACT, Ranebennur dated 30.08.2013.
2. Facts in brief which are utmost necessary for disposal
of the appeals and cross objections are as under:
2.1 Adiveppagouda and Gangamma being wife of deceased
Channappa being claimants in MVC No.567/2012 and
568/2012 respectively laid claim in respect of road traffic
accident that occurred on 21.05.2012 at about 10 a.m.
involving motorcycle bearing No.KA-27/H-5553 and Tata
Ace bearing No.KA-17/B-4612.
2.2 In respect of the road traffic accident, a criminal
complaint was filed and the same was investigated by
investigation agency thoroughly and charge sheet came to
be filed against the driver of Tata Ace vehicle.
NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
2.3 Driver did not challenge the charge sheet and said
Tata Ace vehicle was insured with Royal Sundaram
Insurance Company Ltd.
2.4 On contest claim petitions were allowed in a sum of
Rs.1,18,320/- and 2,23,000/- in respect of claim in MVC
No.567/2012 and 568/2012 respectively.
3. Being aggrieved by the quantum of compensation,
insurance company and claimants have preferred the
appeals and cross objections.
4. Sri.G.N.Raichur counsel for insurance company
contended that fastening the liability on the insurance
company is incorrect and sought for modification of the
award.
5. Per contra, Sri.G.S.Hulumani contended that the
quantum of compensation awarded by the tribunal is
inadequate and sought for allowing the cross objections by
granting appropriate compensation.
NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
6. In view of the rival contentions of the parties, this
court has perused the material on record meticulously.
7. On such perusal of the material on record, accidental
injuries sustained by the claimant Adiveppagouda and
death of Channappa S/o Channabasappa Banakar stands
establish by placing necessary evidence.
8. In the case on hand, accidental injuries by
Adiveppagouda and death of Channappa in road traffic
accident that occurred on 21.05.2012 involving aforesaid
vehicles stands established by placing necessary oral and
documentary evidence on record.
9. Admittedly, there is no proper proof of income
furnished by the claimants.
10. Therefore, tribunal had to assess the income of the
injured and the deceased notionally. For the accidental
injuries/death for the year 2012, notional income is to be
assessed in a sum of Rs.6500/- p.m.
NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
Channappa was aged 70 years as per postmortem report.
Therefore, there is no scope for addition of the amount as
per the dictum of the Hon'ble Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others reported in AIR 2017 SC 515.
11. Therefore, quantum of compensation needs to be
reassessed by taking proper monthly income and also
applying principles of law enunciated in the case of United
India Insurance Company Limited vs. Satinder Kaur
alias Satwinder Kaur and Others reported in AIR 2020
SC 3076 and Magma General Insurance Company
Limited vs. Nanu Ram and Others reported in 2018
ACJ 2782.
12. Insofar as claimant Gangamma is concerned,
claimant is also entitled for the enhancement of
compensation on the other heads.
13. Accordingly, quantum of compensation is reassessed
as under:
NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
Adiveppagouda (Injured)
Sl.No. Name of heads Amount(Rs.)
1 Pain and sufferings 40,000-00
2 Medical Expenses 20,000-00
3 Food, nourishment and 20,000-00
attendant and conveyance
4 Towards loss of income during 13,000-00
laid up period.
5 Towards permanent disability 90,720-00
6 Loss of amenities 30,000-00
Total 2,13,720-00
Gangamma (Claimant/Wife of deceased Channappa)
Sl.No. Name of heads Amount(Rs.)
1 Loss of dependency 2,57,000-00
2 Loss of consortium 40,000-00
3 Medical expenses 8,000-00
4 Conventional Heads 30,000-00
Total 3,35,000-00
14. Insofar as the argument of the insurance company
that the driver did not possess the proper endorsement in
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NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
his driving license is concerned, the same is not
permissible to be considered by this court in view of the
authoritative principles of law enunciated in the case of
Hon'ble Apex court in the case of Mukund Dewangan vs.
Oriental Insurance Company Limited reported in AIR
2017 SC 3668.
15. Accordingly the following:
ORDER
i) Appeals by the insurance company in
MFA No.24004/2013 and MFA No.24005/2013
are dismissed.
ii) Cross objections filed by the injured
Adiveppagouda in MFA Crob No.100025/2014
and claimant Smt.Gangamma in MFA Crob.
No.100024/2014 are allowed in part.
iii) As against sum of Rs.1,18,320/- granted
by the tribunal, Sri. Adeiveppagouda is entitled
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NC: 2024:KHC-D:2293
C/W MFA No. 24004 of 2013,
MFA.CROB No.100024 of 2014, MFA
for Rs. 2,13,720-00 along with interest at 6%
per annum from the date of petition, till
realization.
iv) As against sum of Rs. 2,23,000/-
granted by the tribunal, claimant
Smt.Gangamma is entitled for Rs. 3,35,000-00
along with interest at 6% per annum from the
date of petition, till realization.
v) Four weeks time is granted to insurance
company to deposit the balance compensation.
Sd/-
JUDGE
HMB
