Karnataka High Court
K Ningappa S/O Basappa vs Abdul Majeed S/O Hussain Sab Choudari on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2976
MFA No. 24936 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24936 OF 2011 (MV-D)
BETWEEN:
1. K. NINGAPPA S/O. BASAPPA
AGED ABOUT 48 YEARS, OCC: NIL,
2. SHEELA D/O. K. NINGAPPA
AGED ABOUT 24 YEARS, OCC: NIL,
3. K. MALLIKARJUNA S/O. K. NINGAPPA
AGED ABOUT 23 YEARS, OCC: NIL,
ALL ARE RESIDING AT NIMBEGUNDI,
TALUK BHADRAVATI,
NOW AT C/O. UJJAPPA HADIMANI,
KAMADOD VILLAGE, TALUK: RENEBENNUR.
...APPELLANTS
(BY SRI. ANKIT DESAI, ADVOCATE FOR
Digitally
SRI. M.B. HIREMATH, ADVOCATE)
signed by
SAROJA
SAROJA HANGARAKI
HANGARAKI Date:
AND:
2024.02.19
16:00:45
+0530 1. ABDUL MAJEED
S/O. HUSSAIN SAB CHOUDARI,
AGE NOT KNOWN, OWNER OF LORRY
NO.KA.36/2312, R/O: KALLUR, TQ: MANVI,
DIST: RAICHUR.
2. G.M. SURESHA
S/O. G.B. NANDEEPAGOUDA,
AGE NOT KNOWN, OWNER OF
CRUISER VEHICLE NO.KA.14/A-0248
R/O: ANVERI, TQ: BHADRAVATI.
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NC: 2024:KHC-D:2976
MFA No. 24936 of 2011
3. THE DIVISIONAL MANAGER,
THE NEW INDIA INSURANCE CO. LTD.,
A.M. ARCADE, C.G. HOSPITAL ROAD,
DAVANAGERE.
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R3;
NOTICE TO R1 - R2 SERVED)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DTD:01-03-2011
PASSED IN MVC.NO.328/2008, ON THE FILE OF THE
PRL.SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS M.F.A., COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appeal is by the claimants on the ground of
inadequacy of compensation awarded in MVC No.328/2008
on the file of Additional Motor Accident Claims Tribunal,
Ranebennur dated 01.03.2011 and fastening liability on
the owner of the offending vehicle.
2. Admitted facts of the case are as under:
A claim petition came to be filed by the husband and
children of deceased Smt.Iramma contending that the
deceased lost her life in a road traffic accident occurred on
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27.02.2006 at about 8.30 p.m. involving cruiser trax
bearing No.KA-14/A-248 and lorry bearing No.KA-
36/2312.
3. Claim petition, on contest, came to be allowed
in part in a sum of Rs.50,000/- with interest at 6% per
annum from the date of petition till realization and
fastened liability on the owner of lorry.
4. Being aggrieved by the said judgment,
claimants are in appeal.
5. Sri.Ankit Desai on behalf of Sri.M.B.Hiremath,
learned counsel for the appellants - claimants reiterating
the grounds urged in the appeal memorandum, sought for
passing appropriate orders by shifting liability on the
Insurance Company of trax as the vehicle was duly insured
and the deceased was a third party who claimed
compensation under Section 163-A of Motor Vehicles Act.
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6. Per contra, Sri.S.V.Yaji, learned counsel for the
respondent - Insurance Company supports the impugned
judgment and sought for dismissal of the appeal.
7. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
8. On such perusal of material on record,
accidental death of Smt.Iramma being the inmate of
cruiser trax bearing No.KA-14/A-248 which met with a
road traffic accident with lorry bearing No.KA-36/2312 on
27.02.2006 at about 8.30 p.m. stands established by
placing oral and documentary evidence on record.
9. No doubt, charge sheet came to be filed against
the driver of lorry. But the cruiser trax was duly insured as
on the date of accident. Insofar as deceased is concerned,
she is a third party and therefore, her dependants were
entitled to make claim under Section 163-A of Motor
Vehicles Act.
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10. Tribunal has not properly appreciated the said
aspect of the matter and awarded improper compensation
and fastened liability on the owner.
11. Therefore, a case is made out for reassessment
of quantum of compensation as well as fastening of
liability on the insurer of cruiser trax.
12. Since the claim is under Section 163-A of Motor
Vehicles Act, income of the deceased is to be considered
as Rs.3,000/- and since deceased was aged 45 years,
appropriate multiplier would be 15 and deceased was
married, 1/3rd is to be deducted taking note of the number
of dependants.
13. Accordingly, the claimants are entitled to
Rs.3,60,000/- on the head of loss of dependency as
under:
Rs.3,000 (income) x 12 (months) x 15 (multiplier) x 2/3rd
(deduction) = Rs.3,60,000/-
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14. Claimants are entitled to Rs.2,500/- each on
the head of loss of estate and funeral expenses.
15. Hence, in all, claimants are entitled to
Rs.3,67,500/- with interest at 6% per annum from the
date of petition till realization payable by the Insurance
Company of the cruiser trax.
16. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) Impugned judgment and award passed by the
Tribunal stands modified.
(iii) As against Rs.50,000/- awarded by the
Tribunal, the claimants are entitled to
Rs.3,67,500/- with interest at 6% per annum
from the date of petition till realization
recoverable from respondent No.3 which is New
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India Insurance Company, insurer of cruiser
trax bearing No.KA-14/A-248.
(iv) Four weeks time is granted to the insurer to
deposit the compensation amount.
Sd/-
JUDGE
SH
