Karnataka High Court
Smt. Rangiladevi W/O Late Shankar ... vs Shri. Veeresh Kumar S/O S C Veerabhadra ... on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2632
MFA No. 100897 of 2021
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.100897 OF 2021 (MV-D)
BETWEEN:
1. SMT. RANGILADEVI
W/O. LATE SHANKAR BAITHA
AGE. 25 YEARS, OCC. HOUSE WIFE,
2. SHRI. VISHWANATH BAITHA
S/O. LATE VIPAD BAITHA,
AGED. 58 YEARS, OCC. COOLIE,
3. SMT. MAHESHWARI DEVI @ MAHESHWARI BAITHA
W/O. VISHWANATH BAITHA,
AGED ABOUT 55 YEARS, OCC. HOUSEWIFE,
4. SHIVAKUMAR
S/O. LATE SHANKAR BAITHA,
AGE. 5 YEARS MINOR,
Digitally
signed by
SAMREEN 5. RITHU KUMAR
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
D/O. SHANKAR BAITHA,
2024.02.15
13:27:46 AGE. 3 YEARS MINOR,
+0530
6. SHUBHAM KUMAR
S/O. LATE SHANKAR BAITHA,
AGE. 2 YEARS MINOR,
(PETITIONER NO 4 TO 6 ARE MINOR REPTED.
BY THEIR MOTHER AND NATURAL GUARDIAN
SMT. RANGILA DEVI W/O. LATE SHANKAR BAITHA)
ALL ARE R/O. 126, MAHINDRABAR VILLAGE,
RUNI SAIDPUR POST, SITAMARHI DISTRICT,
BIHAR STATE.
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NC: 2024:KHC-D:2632
MFA No. 100897 of 2021
NOW RESIDING AT SHANKARGUDDA COLONY,
THORANGALLU VILLAE, SANDUR TALUK,
BALLARI DISTRICT.
...APPELLANTS
(BY SRI. DATTATRAYA TIMMANNA HEBBAR, ADVOCATE)
AND:
1. SHRI. VEERESH KUMAR
S/O. S.C. VEERABHADRA GOUDA
@ VEERABHADRAPPA S.
AGE. 45 YEARS, OCC. BUSINESS,
R/O. A/P. VADDU, TAL. SANDUR,
DIST. BELLARY.
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
STATION ROAD, HOSPETE.
(POLICY NO.472390/31/201/2712
VALID FROM 17-9-2016 TO 16-8-2017,
INSURED AT BRANCH OFFICE THORANGALLU)
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH )
THIS M.F.A. IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
30.09.2020 PASSED IN MVC NO.923/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL VI,
KUDLIGI SITTING AT SANDUR, AWARDING COMPENSATION OF
Rs.1,00,000/- WITH INTEREST AT 7.5 PERCENT P.A. FROM THE DATE
OF PETITION TILL PAYMENT.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2632
MFA No. 100897 of 2021
JUDGMENT
Heard Sri.Dattatreya Timmanna Hebbar, learned
counsel for the appellants and Sri.S.V.Yaji, learned counsel
for respondent - Insurance Company.
2. Though this matter is listed for admission, with
the consent of both parties, it is taken up for final
disposal.
3. Claimants are in appeal challenging validity of
judgment and award passed in MVC No.923/2017 by the
Additional Motor Accident Claims Tribunal, Kudligi, Sitting
at Sandur dated 30.09.2020 insofar as inadequacy of
compensation awarded is concerned.
4. Case of the claimants is as under:
4.1 Claimants laid a claim under Section 163-A of
Motor Vehicles Act contending that when deceased
Shankar Baitha was proceeding on motorcycle bearing
No.KA-35/U-6787 on 01.01.2017 at about 1.15 p.m. from
Vidyanagar to meet his relative, enroute he dashed
NC: 2024:KHC-D:2632
against an electrical pole near railway gate and due to the
impact of accidental injuries, he died on the spot.
4.2 Claimants being the wife and children of
deceased, laid a claim under Section 163-A of Motor
Vehicles Act.
5. Claim petition was resisted by respondents
contending that the deceased had borrowed motorcycle
from its owner namely Veeresh Kumar. Therefore,
Insurance Company is not liable to pay the compensation.
6. Tribunal, on contest, allowed the claim petition
by granting compensation in a sum of Rs.1,00,000/- with
interest at 7.5% per annum.
7. Being aggrieved by inadequacy of
compensation, claimants are in appeal.
8. Sri.Dattatreya Timmanna Hebbar, learned
counsel for the appellants - claimants sought for
enhancement of compensation by reiterating the grounds
urged in the appeal memorandum.
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9. Per contra, Sri.S.V.Yaji, learned counsel for
respondent - Insurance Company supported the impugned
judgment and sought for dismissal of appeal.
10. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
11. On such perusal of material on record, death of
Shankar Baitha in a road traffic accident occurred on
01.01.2017 being the rider of motorcycle bearing No.KA-
35/U-6787 stands established by placing necessary
evidence on record.
12. Admittedly, claimants are wife and children of
deceased. Insofar as liability of Insurance Company,
Tribunal took into consideration the principles of law
enunciated in the case of Ningamma and another vs.
United India Insurance Company Limited (2009 ACJ 2020),
United India Insurance Company Limited vs. Sunil Kumar
and another [(2018) Acci. C.R. 219 (S.C.) and Rama
Bommayya Naik and others vs. Anilkumar Ayyappan Pillai
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and others (2019 ACJ 3146) to consider payment of extra
premium of Rs.50/- to cover personal accident claim and
liability of Insurance Company is limited to sum of
Rs.1,00,000/- in the policy and allowed claim petition by
granting Rs.1,00,000/- to be paid by Insurance Company.
13. When there is payment of Rs.50/- as additional
premium, it would cover the claim of claimants only to the
extent of Rs.1,00,000/-. As such, hardly there is any
scope to further enhance the compensation.
14. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeal is meritless and hereby dismissed.
(ii) No order as to costs.
Sd/-
JUDGE
