Karnataka High Court
Shivaling S/O Annasaheb Ammanagi vs Durgappa Shivappa Warimani on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2981
MFA No. 23621 of 2013
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
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.23621 OF 2013 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.23622 OF 2013
MISCELLANEOUS FIRST APPEAL NO.23623 OF 2013
IN M.F.A. NO.23621 OF 2013
BETWEEN:
SHRI. AMEET S/O. ANNASAHEB PAWAR,
AGED ABOUT 31 YEARS, OCC: DRIVER (NIL),
R/O. PANCHAMUKHI MARUTI ROAD,
KHANABAG, H.NO.1735, SAMRAT GALLI,
STATE MAHARASHTRA.
...APPELLANT
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
Digitally
signed by
SAROJA
SAROJA
HANGARAKI
1. DURGAPPA SHIVAPPA WARIMANI,
HANGARAKI Date:
2024.02.19
AGE: MAJOR, OCC: AGRICULTURE,
16:01:57
+0530 R/O. BOCHABAL, TAL: RAMDURG.
(OWNER OF H.M.T. TRACTOR NO.
KA-24/T-4516 AND TROLLEY NO.
KA-24/T-4517 ENGINE NO.50241
AND CHASSIS NO. 40361/015)
2. THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH GOKAK, THROUGH ITS
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.
3. SHRI. SATISH S/O. DATTATRAY PAWAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. KUPAWAD, TAL: MIRAJ, DIST: SANGLI,
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NC: 2024:KHC-D:2981
MFA No. 23621 of 2013
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
(OWNER OF TEMPO TRAX NO.MH-10/C-1689)
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
SRI. B. SHARANABASAWA, ADVOCATE FOR R3;
NOTICE TO R1 SERVED)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 18.01.2013 PASSED IN MVC
NO.407/2006 ON THE FILE OF THE I-ADDL. CIVIL JUDGE AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.23622 OF 2013
BETWEEN:
1. SHRI. SHIVALING S/O. ANNAPPA AMMANAGI,
AGED ABOUT 47 YEARS, OCC: KIRANA BUSINESS,
R/O. MALAGAON, TAL. MIRAJ,
DIST. SANGLI, STATE MAHARASHTRA.
2. SMT. MANGALA W/O. SHIVALING AMMANAGI,
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O. MALAGAON, TAL. MIRAJ,
DIST. SANGLI, STATE MAHARASHTRA.
...APPELLANTS
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. DURGAPPA SHIVAPPA WARIMANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. BOCHABAL, TAL: RAMDURG.
(OWNER OF H.M.T. TRACTOR NO.
KA-24/T-4516 AND TROLLEY NO.
KA-24/T-4517 ENGINE NO.50241
AND CHASSIS NO. 40361/015)
2. THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH GOKAK, THROUGH ITS
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.
3. SHRI. SATISH S/O. DATTATRAY PAWAR,
AGE: MAJOR, OCC: BUSINESS,
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NC: 2024:KHC-D:2981
MFA No. 23621 of 2013
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
R/O. KUPAWAD, TAL: MIRAJ, DIST: SANGLI.
(OWNER OF TEMPO TRAX NO.MH-10/C-1689)
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
SRI. B. SHARANABASAWA, ADVOCATE FOR R3;
NOTICE TO R1 SERVED)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 18.01.2013 PASSED IN MVC
NO.612/2006 ON THE FILE OF THE I-ADDL. CIVIL JUDGE AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO.23623 OF 2013
BETWEEN:
SMT. CHAMPABHAI W/O. KALLAPPA PULARI,
AGED ABOUT 43 YEARS, OCC: BUSINESS,
R/O. UDAGAVAVES, PULARIWADA, NEAR DARGA,
MIRAJ, DIST. SANGALI, STATE MAHARASHTRA.
...APPELLANT
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. DURGAPPA SHIVAPPA WARIMANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. BOCHABAL, TAL: RAMDURG.
(OWNER OF H.M.T. TRACTOR NO.KA-24/T-4516 AND
TROLLEY NO.KA-24/T-4517 ENGINE NO.50241
AND CHASSIS NO. 40361/015)
2. THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH GOKAK, THROUGH ITS
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.
3. SHRI. SATISH S/O. DATTATRAY PAWAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. KUPAWAD, TAL: MIRAJ, DIST: SANGLI.
(OWNER OF TEMPO TRAX NO.MH-10/C-1689)
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
SRI. B. SHARANABASAWA, ADVOCATE FOR R3;
NOTICE TO R1 SERVED)
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NC: 2024:KHC-D:2981
MFA No. 23621 of 2013
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 18.01.2013 PASSED IN MVC
NO.616/2006 ON THE FILE OF THE I-ADDL. CIVIL JUDGE AND
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Smt.Soubhagya Vakkund on behalf of
Sri.Y.Lakshmikant Reddy, for the appellants and
Sri.R.R.Mane and Sri.B.Sharanabasawa, learned counsels
for respondents.
2. Though these appeals are listed for admission,
with the consent of both parties, they are taken up for
final disposal.
3. These three appeals are against the judgment
and award passed in MVC No.407/2006, MVC No.612/2006
and MVC No.616/2006 seeking for enhancement of
compensation and on the question of attributing 20%
contributory negligence on the owner of tempo trax.
4. Admitted facts of the case are as under:
NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
3.1 On 23.05.2005 at about 9.15 p.m. there was a
road traffic accident involving tempo trax bearing No.MH-
10/C-1689 and tractor-trailer unit bearing No.KA-24/T-
4516. The claimants have sustained injuries in the said
accident. As such, they laid claim before the Tribunal.
3.2 The claim petitions, on contest, came to be
allowed in part by granting Rs.10,55,000/-, Rs.2,25,000/-
and Rs.40,000/- respectively. 20% contributory negligence
is also attributed to the driver of tempo trax taking note of
the sketch depicted in the spot of accident.
5. Being aggrieved by the inadequacy of
compensation and contributory negligence, claimants are
in appeal.
6. Smt.Soubhagya Vakkund on behalf of
Sri.Y.Lakshmikant Reddy, reiterating the grounds urged in
the appeal memorandums, contended that the Tribunal
has erred in attributing 20% contributory negligence
NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
against the tempo when the charge sheet is filed against
the driver of tractor-trailer unit.
7. She has also sought for enhancement of
compensation by properly applying the principles of law
governing awarding of compensation including Kishan
Gopal and another vs. Lala and others reported in
(2014) 1 SCC 244 in respect of death of a minor.
8. Per contra, Sri.R.R.Mane and
Sri.B.Sharanabasawa, learned counsels for the
respondents supported the impugned judgment and
sought for dismissal of the appeals.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of material on record, the
accident that occurred on 23.05.2005 involving tempo trax
bearing No.MH-10/C-1689 and tractor-trailer unit bearing
No.KA-24/T-4516 stands established by placing evidence
on record.
NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
11. Admittedly, charge sheet came to be filed
against the driver of tractor-trailer unit.
12. However, looking at the sketch depicted in the
spot of accident, it is crystal clear that the accident has
occurred on the centre of road. Width of the road is only
12 feet.
13. Taking note of all these aspects of the matter,
some amount of contributory negligence is also to be
attributed to the driver of tempo trax. Therefore,
contributory negligence is scaled down from 20% to 10%
to the driver of tempo trax would meet ends of justice.
More so, having regard to the fact that accident has
occurred at 9.15 p.m.
14. Further, insofar as quantum of compensation is
concerned, claimant in MVC No.407/2006 is aged about 24
years as per Ex.P.9 - school leaving certificate. Monthly
income is not properly assessed by the Tribunal.
NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
15. Therefore, on the ground of loss of future
earning due to disability, there is scope for enhanced
compensation by adding 40% towards future prospects
and taking 80% disability having regard to the fact that
there was amputation of right hand above elbow.
16. Further, on the ground of loss of amenities also,
there is improper compensation awarded by the Tribunal.
Therefore, there is scope for reassessment of quantum of
compensation which is reassessed as under:
Pain and suffering Rs.1,00,000/-
Medical expenses Rs.26,000/-
Loss of amenities Rs.1,00,000/-
Special diet and attendant Rs.25,000/-
charges and conveyance,
etc.
Loss of future earning due Rs.8,46,720/-
to disability
(Rs.3,500 + 40% x 12 x 18
x 80%)
Loss of income during laid Rs.10,500/-
up period
Total Rs.11,08,220/-
NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
17. Insofar as claimants in MVC No.612/2006 is
concerned, they are parents of minor boy, who lost his life.
Applying the principles of law enunciated in the case of
Kishan Gopal and another vs. Lala and others
reported in (2014) 1 SCC 244, the claimants are entitled
to Rs.5,00,000/- and not Rs.2,25,000/-. Therefore, the
said appeal also needs to be allowed in part.
18. As far as claimant in MVC No.616/2016 is
concerned, she suffered fracture of nasal bone. Therefore,
there is no much scope for enhancement. Hence,
compensation is enhanced by another Rs.10,000/- globally
as she has been awarded only Rs.40,000/-.
19. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeals are allowed in part.
(ii) Impugned judgment and award passed by the
Tribunal stands modified.
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NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
(iii) In MFA No.23621/2013 (MVC No.407/2006), as
against Rs.10,55,000/- awarded by the
Tribunal, the claimant is entitled to
Rs.11,08,220/-.
(iv) In MFA No.23622/2013(MVC No.612/2006), as
against Rs.2,25,000/- awarded by the Tribunal,
the claimants are entitled to Rs.5,00,000/-.
(v) In MFA No.23623/2013 (MVC No.616/2006), as
against Rs.40,000/- awarded by the Tribunal,
the claimant is entitled to Rs.50,000/-.
(vi) In all the claim petitions, the compensation
shall carry interest at the rate of 6% per annum
from the date of petition till realisation.
(vii) Out of the above compensation, 10%
contributory negligence is attributed to the
driver of tempo trax. Therefore, owner of the
tempo trax is liable to pay compensation to the
extent of 10%.
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NC: 2024:KHC-D:2981
C/W MFA No. 23622 of 2013, MFA No. 23623
of 2013
(viii) Balance 90% of compensation is payable by the
Insurance Company of tractor-trailer unit.
(ix) Compensation amount is ordered to be
deposited within four weeks from today.
Sd/-
JUDGE
