Karnataka High Court
Rajashri @ Rajakka vs Vijay S/O. Shivaji Mane on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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MFA No. 102572 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102572 OF 2014 (MV-D)
BETWEEN:
1. SMT. RAJASHRI @ RAJAKKA
W/O. SIDDU @ SHIDAGOUDA KAROLI,
AGE: 42 YEARS, OCC: HOUSEHOLD,
R/O: SAVALAJ, TASGAON,
DIST: SANGLI, NOW RESIDING AT:
SHRI NAGAR, BELAGAVI.
2. KUMARI. LATA
D/O. SIDDU @ SHIDAGOUDA KAROLI,
AGE: 24 YEARS, OCC: STUDENT,
R/O: SAVALAJ, TASGAON,
DIST: SANGLI, NOW RESIDING AT:
SHRI NAGAR, BELAGAVI.
Digitally
signed by
SAMREEN
SAMREEN AYUB 3. KUMARI. SHOBHA
AYUB DESHNUR
DESHNUR Date:
2024.02.15
D/O. SIDDU @ SHIDAGOUDA KAROLI,
13:30:17
+0530 AGE: 22 YEARS, OCC: STUDENT,
R/O: SAVALAJ, TASGAON,
DIST: SANGLI, NOW RESIDING AT:
SHRI NAGAR, BELAGAVI.
...APPELLANTS
(BY SMT. SHRUTI A.NEELOPANT, AND
SRI. SHRIHARSH A.NEELOPANT, ADVOCATES)
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MFA No. 102572 of 2014
AND:
1. VIJAY S/O. SHIVAJI MANE,
AGE: MAJOR, OCC BUSINESS,
R/O: KAIKADI GALLI, JATH,
TQ: JATH, DIST: SANGLI,
MAHARASHTRA.
2. RAMESH S/O. SHIVAJI SHINDE
AGE: MAJOR, OCC: BUSINESS,
R/O: KADEGAON, TQ: KADEGAON,
DIST: SANGLI, MAHARASHTRA.
3. THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE AT
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
R2 SERVED;
R1 HELD SUFFICIENT)
THIS M.F.A. IS FILED U/SEC.173(1) OF M.V. ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 13.06.2014,
PASSED IN MVC.NO.1663/2012 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND ADDL. MACT.,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS M.F.A., COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 102572 of 2014
JUDGMENT
Though the matter is listed for orders, by consent of
parties, the matter is taken up for final disposal.
2. Heard Smt. Shruti A. Neelopant, learned counsel
for the appellant and Shri. S. K. Kayakamath, learned counsel
for respondent No.3-Insurance Company.
3. Claimants are in appeal in respect of inadequacy of
quantum of compensation by challenging the judgment and
award passed in MVC No.1663/2012 on the file of Principal
Senior Civil Judge and Additional MACT, Belagavi dated
13.06.2014.
4. Admitted facts for disposal of the present appeal
are as under:
4.1. Siddu @ Shiddagouda Karoli was proceeding on a
motor cycle bearing registration No.MH-10/V-1036 met with a
road traffic accident involving a jeep/taxi cab bearing
registration No.MH-10/K-510 on 08.11.2011 at about 7.00 p.m.
Dependents are the wife and children.
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5. On contest claim petition came to be allowed in a
sum of Rs.7,47,000/- with interest at the rate of 6% per
annum from the date of petition till its realization.
6. Being aggrieved by the same, the claimants are in
appeal.
7. Reiterating the grounds urged in the appeal
memorandum Miss. Shruti A. Neelopant, learned counsel for
appellants sought for enhancement of the compensation
following 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 SCC 5157, in the case of Magma General
Insurance Company Limited vs. Nanu Ram and Others reported in
2018 ACJ 2782 and in the case of United India Insurance
Company Limited vs. Satinder Kaur alias Satwinder Kaur and Others
reported in AIR 2020 SC 3076.
8. Shri. S. K. Kayakamath, learned counsel for
respondent No.3 supported the impugned judgment by
contending that the liability is rightly fastened on the owner.
9. This Court perused the material on record
meticulously.
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10. On such perusal, it is crystal clear that the
claimants were able to satisfactorily established that Siddu @
Shiddagouda Karoli lost his life in a road traffic accident
occurred on 08.11.2011. Admittedly charge sheet came to be
filed against the jeep/taxi cab bearing registration No.MH-10/K-
510. The said vehicle was duly insured. Therefore, quantum of
compensation is to be calculated based on the principles of law
enunciated in Pranay Sethi, Magma and Satinder Kaur (supra).
11. Accordingly, it is to be re-assessed by taking note
of the fact that monthly income is to be assessed in a sum of
Rs.6,000/- for the accidental death of the year 2011.
12. According to the principles of law enunciated in
Pranay Sethi (supra) the deceased being aged 48 years, the
claimants would be entitled to addition of 25% income.
Therefore, the income would be Rs.7,500/- per month. Since
three dependants are there, 1/3rd is to deducted. Therefore,
monthly income to computation is at Rs.5,000/-. Since the
deceased is aged 48 years 13 is the appropriate multiplier.
Accordingly, on the head of loss of dependency, claimants are
entitled to 5,000X 12X13 =7,80,000/-.
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13. Following the dictum of Magma and Satinder Kaur
(supra) each of the claimant would be entitled to Rs.40,000/-.
On conventional head the claimants are entitled to sum of
Rs.30,000/-. In all the claimants are entitled to Rs.9,30,000/-
as against the sum of Rs.7,47,000/- awarded by the Tribunal.
14. Since the driver did possess the valid driving license
but there was no proper endearment to carry the passengers,
applying the principles of law enunciated in the case of Mukund
Dewangan Vs. Oriental Insurance Company Limited reported in AIR
2017 SCC 3668, the liability is to be shifted from owner to the
insurer.
15. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
(ii) As against sum of Rs.7,47,000/- with
interest at the rate of 6% per annum, the claimants
are entitled to a sum of Rs.9,30,000/- with interest
at the rate of 6% per annum from the date of
petition till realization payable by the Insurance
Company of jeep/taxi cab bearing registration
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No.MH-10/K-510 who is the third respondent in the
appeal.
(iii) Six weeks time is granted to Insurance
Company to deposit the amount.
Sd/-
JUDGE
SMM
