Karnataka High Court
The Manager vs Smt.Sujathamma @ C. Sujatha on 7 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2761
MFA No. 103285 of 2018
C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 103285 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100137 OF 2017
MFA CROSS OBJ NO. 100102 OF 2018
IN M.F. A. NO.103285 OF 2018
BETWEEN:
SMT. SUJATHAMMA @ C. SUJATHA
W/O. LATE PANDURANGA SHETTY,
AGE: 55 YEARS, OCC: HOUSE-WIFE,
R/O. CHILAKANAHATTI VILLAGE
IN HOSPET TALUKA IN BALLARI DISTRICT,
PRESENTLY RESIDING AT MILLERPET,
BALLARI-583101.
...APPELLANT
(BY SRI. GURUKUMAR V.A., ADVOCATE)
AND:
Digitally
signed by
SAROJA 1. MANGILAL DANGI S/O. KAMLAJI
SAROJA HANGARAKI
HANGARAKI Date: AGE. MAJOR, OCC. DRIVER,
2024.02.19 R/O.DHAMANIYA, THE VALLABHA NAGAR,
16:02:34
+0530 UDAIPUR, RAJASTHAN STATE-313601.
2. M/S. SBI GENERAL INSURANCE COMPANY
LIMITED BY ITS MANAGER,
BRANCH OFFICE, AT UDAIPUR, RAJASTHAN-313001.
3. THE MANAGER,
M/S. NATIONAL INSURANCE COMPANY LIMITED,
PARVATHI NAGAR MAIN ROAD, BALLARI-583101.
...RESPONDENTS
(BY SRI. SUBHAS J.BADDI, ADVOCATE FOR R2;
SRI. M.K. SOUDAGAR, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH)
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NC: 2024:KHC-D:2761
MFA No. 103285 of 2018
C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND
AWARD DATED 21.09.2016 PASSED IN MVC NO.739/2013 ON THE
FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII,
BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F. A. NO.100137 OF 2017
BETWEEN:
THE MANAGER,
M/S. NATIONAL INSURANCE COMPANY LIMITED,
PARVATHI NAGAR, MAIN ROAD, BALLARI,
REPRESENTED ADMINISTRATIVE OFFICER,
NATIONAL INSURANCE CO,LTD.,
REGIONAL OFFICE 2ND FLOOR ARIHANT PLAZA,
KESUGAL ROAD, KESHWAPUR HUBBALLI.
...APPELLANT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)
AND:
1. SMT. SUJATHAMMA @ C. SUJATHA
W/O. LATE PANDURANGA SHETTY,
AGE: 53 YEARS, OCC: HOUSE-WIFE,
R/O. CHILAKANAHATTI VILLAGE
IN HOSPET TALUKA, BALLARI DISTRICT,
PRESENTLY RESIDING AT MILLERPET,
BALLARI-583217.
2. LAKSHMESHA S/O. LATE PANDURANGA SHETTY,
AGE: 21 YEARS, OCC: STUDENT,
R/O. CHILAKANAHATTI VILLAGE
IN HOSPET TALUKA, BALLARI DISTRICT,
PRESENTLY RESIDING AT MILLERPET,
BALLARI-583217.
3. SHRI. MANGILAL DANGI S/O. KAMLAJI
AGE. MAJOR, OCC. BUSINESS, (TRANSPORT)
DRIVER CUM OWNER
R/O. DHAMANIYA, THE VALLABHA NAGAR,
UDAIPUR, RAJASTHAN STATE-302001.
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NC: 2024:KHC-D:2761
MFA No. 103285 of 2018
C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
4. M/S. SBI GENERAL INSURANCE COMPANY
LIMITED BY ITS MANAGER,
BRANCH OFFICE,
AT UDAIPUR, RAJASTHAN-302001.
...RESPONDENTS
(BY SRI. GURUKUMAR V.A., ADVOCATE FOR R1-R2;
NOTICE TO R3-R4 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND
AWARD DATED 21.09.2016 PASSED IN MVC NO.740/2013 ON THE
FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII,
BALLARI, AWARDING COMPENSATION OF RS. 5,56,088/- WITH
INTEREST AT 7% P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
IN MFA CROSS OBJ NO.100102 OF 2018
BETWEEN:
1. SMT. SUJATHAMMA @ C. SUJATHA
W/O. LATE PANDURANGA SHETTY,
AGE: 55 YEARS, OCC: HOUSEWIFE,
R/O. CHILAKANAHATTI VILLAGE IN
HOSPET
TALUKA IN BALLARI DISTRICT,
PRESENTLY RESIDING AT MILLERPET,
BALLARI-583101.
2. LAKSHMESHA
S/O. LATE PANDURANGA SHETTY,
AGE: 23 YEARS, OCC: STUDENT,
R/O. CHILAKANAHATTI VILLAGE
IN HOSPET TALUKA, BALLARI DISTRICT,
PRESENTLY RESIDING AT MILLERPET,
BALLARI-583101.
...CROSS OBJECTORS
(BY SRI. GURUKUMAR V.A., ADVOCATE)
AND:
1. MANGILAL DANGI S/O. KAMLAJI
AGE. MAJOR, OCC. DRIVER,
R/O.DHAMANIYA, THE VALLABHA NAGAR,
UDAIPUR, RAJASTHAN STATE-313601.
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NC: 2024:KHC-D:2761
MFA No. 103285 of 2018
C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
2. M/S. SBI GENERAL INSURANCE COMPANY
LIMITED BY ITS MANAGER,
BRANCH OFFICE,
AT UDAIPUR, RAJASTHAN-313001.
3. THE MANAGER,
M/S. NATIONAL INSURANCE COMPANY LIMITED,
PARVATHI NAGAR MAIN ROAD,
BALLARI-583103.
...RESPONDENTS
(BY SRI. SUBHAS J.BADDI, ADVOCATE FOR R2;
SRI. M.K. SOUDAGAR, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH)
THIS MFA CROB IN MFA No.100137/2017 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., 1908, AGAINST THE JUDGMENT AND
AWARD DATED 21.09.2016 PASSED IN MVC No.740/2013 ON THE
FILE OF THE MEMBER, MACT-XII, BALLARI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS AND MFA CROB,
COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Sri.Gurukumar V.A., learned counsel for the
appellants - claimants and Sri.Subhas J Baddi,
Sri.M.K.Soudagar, learned counsels for the respondents.
2. These three appeals arise out of judgment and
award passed in MVC No.739/2013 and MVC No.740/2013
on the file of Additional Motor Accident Claims Tribunal,
Ballari dated 21.09.2016.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
3. Admitted facts of the case are as under:
3.1 A claim petition came to be filed under Section
166 of Motor Vehicles Act in respect of a road traffic
accident occurred on 19.04.2013. It is contended that the
claimant - Sujathamma being the pillion rider was
proceeding with her husband (rider) and son on
motorcycle bearing No.KA-35/X-5241. While they were
proceeding from Gangavathi towards Chilakanahatti
village, dashed to a lorry bearing No.RJ-24/GA-2163 on
Koppal-Hospet National Highway-13 road.
3.2 Admittedly, the said lorry was parked on
National Highway. The rider of motorcycle lost his life.
Whereas, his wife being pillion rider got injured. Thus,
claim petitions came to be laid by the claimants.
4. Claim petitions, on contest, came to be allowed
in a sum of Rs.30,000/- and Rs.5,56,088/- for the injured
and dependants of deceased respectively.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
5. Further, the Tribunal attributed 50%
contributory negligence to the rider of motorcycle and
50% to the parked lorry taking note of the fact that two
charge sheets came to be filed by the police, of which
abated charge sheet was insofar as rider of motorcycle is
concerned and another against driver of lorry bearing
No.RJ-24/GA-2163 which was parked on the road.
6. Being aggrieved by the inadequacy of
compensation and attributing 50% contributory negligence
to the rider of motorcycle, the claimants are in appeals.
7. Sri.Gurukumar V.A., learned counsel for the
appellants - claimants in both the appeals reiterating the
grounds urged in the appeal memorandums, sought for
suitable enhancement and also reduction of contributory
negligence to the rider of motorcycle as the lorry could not
have been parked on the National Highway.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
8. Per contra, Sri.Subhas J Baddi, learned counsel
representing Insurance Company of lorry bearing No.RJ-
24/GA-2163 supported the impugned judgment.
9. Sri.M.K.Soudagar, learned counsel for the the
insurer of motorcycle contended that based on the
premium paid for personal accident cover, the National
Insurance Company has already satisfied maximum limit
in a sum of Rs.1,00,000/- in death case and for the
injuries sustained by the pillion rider to the extent of 50%
of Rs.30,000/- awarded by the Tribunal i.e. Rs.15,000/-
and sought for passing suitable orders.
10. Having heard the parties in detail, this Court
perused the material on record meticulously.
11. On such perusal of material on record, the
accidental death of rider of motorcycle namely Panduranga
Shetty is not in dispute. He was the rider of motorcycle
bearing No.KA-35/X-5241 and accident occurred on
account of the fact that lorry bearing No.RJ-24/GA-2163
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
was parked on the National Highway without sufficient
indications to caution other drivers of vehicles.
12. Police after thorough investigation, filed charge
sheet against the rider of motorcycle and lorry of driver.
Admittedly, the spot where the accident took place is
National Highway-13.
13. Existing rules and regulations would make it
clear that no vehicle can be parked other than specified
parking area in a National Highway. Therefore, attributing
contributory negligence to the extent of 50% on the rider
of motorcycle is incorrect.
14. However, since the accident has occurred at
8.30 p.m., rider of motorcycle should have taken
necessary precaution in anticipating some parked vehicle
and ridden motorcycle with necessary care and caution.
Therefore, attributing contributory negligence to the
extent of 25% to the rider of motorcycle would meet ends
of justice.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
15. Accordingly, contributory negligence factor is to
be adjudged as 25% to the rider of motorcycle and 75% to
the driver of lorry.
16. The next question to be considered in these
appeals is with regard to adequacy of compensation
awarded in both the claim petitions.
17. Admittedly, pillion rider being the wife of rider,
sustained injuries. Doctor is not examined. Taking note of
the injuries sustained by her, Tribunal has awarded
Rs.30,000/- globally, which in the considered opinion of
this Court is just and proper.
18. Since the compensation amount is already
satisfied by the National Insurance Company who is
insured of motorcycle in question, he is entitled to receive
Rs.7,500/- from the Insurance Company of lorry i.e. SBI
General Insurance Company in respect of satisfaction of
claim of claimant in MVC No.739/2013 representing 25%
contributory negligence.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
19. Further, insofar claim in MVC No.740/2013 is
concerned, the Tribunal has not taken proper income while
assessing quantum of compensation on loss of
dependency.
20. For the accidental death of the year 2013,
notional income is to be taken in a sum of Rs.7,000/-.
Deceased being aged 55 years, he is entitled to 10%
addition as per the principles of law enunciated in
National Insurance Company Limited vs. Pranay
Sethi and Others reported in AIR 2017 SC 5157.
21. Further, claimants are entitled to Rs.40,000/-
each towards filial affection. On conventional heads, the
claimants are entitled for Rs.30,000/-.
22. Accordingly, a case is made out for enhancing
the quantum of compensation and also reducing
contributory negligence:
23. The quantum of compensation is reassessed as
under:
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
Loss of dependency Rs.6,77,688/-
[Rs.7,000 (income) + 10%
(addition) - 1/3rd
(deduction)x 12 (months) x
11 (multiplier)
Loss of consortium Rs.80,000/-
(Rs.40,000 x 2)
Conventional heads Rs.30,000/-
Total Rs.7,87,688/-
24. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeal filed by claimant in MFA
No.103285/2018 is allowed in part.
(ii) Appeal filed by the Insurance Company in MFA
No.100137/2017 is allowed in part.
(iii) Appellant - Insurance Company is entitled to
receive 25% of compensation from SBI General
Insurance Company in respect of insured in a
sum of Rs.7,500/-.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
(iv) Cross-objection filed by the cross-objectors in
MFA Crob.No.100102/2018 is allowed in part.
(v) As against a sum of Rs.5,56,088/- awarded by
the Tribunal, the cross-objectors are entitled to
Rs.7,87,688/-.
(vi) 75% of the said amount is payable by SBI
General Insurance Company with interest at 6%
per annum from the date of petition till
realisation.
(vii) Balance 25% is attributable to the rider of the
motorcycle and since personal accident
coverage has already been satisfied to the
extent of Rs.1,00,000/-, claimants are not
entitled to remaining amount representing 25%.
(viii) Contributory negligence attributed to the
rider of motorcycle is reduced from 50% to
25%.
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C/W MFA No. 100137 of 2017, MFA.CROB No.
100102 of 2018
(ix) Consequently, SBI General Insurance Company
who is insurer of lorry is directed to pay 25% of
contributory negligence to the National
Insurance Company who has already satisfied
50% of compensation to the pillion rider.
(x) Amount in deposit in MFA No.100137/2017 is
ordered to be returned to the Insurance
Company under due identification.
(xi) SBI General Insurance Company being the
insurer of lorry is given four weeks time to
deposit 75% of compensation.
Sd/-
JUDGE
SH
