Karnataka High Court
Shri. Maruti S/O. Huvappa Alias Huvani ... vs Shri. Bangareppa S/O. Gurbasappa ... on 12 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102873 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.102634 OF 2023
MISCELLANEOUS FIRST APPEAL NO.104016 OF 2023
IN M.F.A. NO.102873 OF 2023
BETWEEN:
SHRI. MARUTI
S/O. HUVAPPA @ HUVANI HIROJI,
AGE. 46 YEARS, OCC. MASON (NOW NIL),
R/O. H. NO.320/C, JAI BHAVANI NAGAR,
KALKHAMB VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
Digitally
signed by 1. SHRI. BANGAREPPA
SAROJA
SAROJA HANGARAKI S/O. GURBASAPPA MALANNAVAR,
HANGARAKI Date:
2024.02.19 AGE. MAJOR, OCC. BUSINESS,
16:07:58
+0530 R/O. AT POST. NESARAGI,
TQ. BAILHONGAL, DIST. BELAGAVI-591121
(OWNER OF HERO HONDA PASSION PRO
MOTOR CYCLE BEARING
NO.KA-24/R-0126).
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
HAVING ITS DIVISIONAL OFFICE,
AT. MADIWLE ARCADE,
CLUB ROAD, BELAGAVI-590001
(INSURER OF HERO HONDA PASSION PRO
MOTOR CYCLE BEARING NO.KA-24/R-0126)
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
3. SMT. LAXMI
W/O. MARUTI PATIL,
AGE. MAJOR, OCC. HOUSEHOLD WORK,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
4. SHRI. SANDEEP
S/O. MARUTI PATIL,
AGE. MAJOR, OCC. STUDENT,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
5. SMT. VAISHNAVI
D/O. MARUTI PATIL,
AGE. MAJOR, OCC. STUDENT,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
6. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
CLUB ROAD, BELAGAVI-590001
(INSURER OF MOTORCYCLE
BEARING NO.KA-22/EU-7710)
...RESPONDENTS
(BY SRI. VITTHAL S.TELI, ADVOCATE FOR R1;
SRI. S.V. YAJI, ADVOCATE FOR R2;
R3 - R6 DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023
PASSED IN MVC NO.941/2017 ON THE FILE OF THE II ADDITIONAL
DISTIRCT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
IN M.F.A. NO.102634 OF 2023
BETWEEN:
THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
HAVING ITS DIVISIONAL OFFICE,
AT. MADIWLE ARCADE,
CLUB ROAD, BELAGAVI
PIN-590001
REP. BY AUTHORIZED SIGNATORIES
...APPELLANT
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1. SMT. LAXMI
W/O. MARUTI PATIL,
AGE. 46 YEARS, OCC. HOUSEHOLD WORK,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI,
PIN-590001.
2. SHRI. SANDEEP
S/O. MARUTI PATIL,
AGE. 23 YEARS, OCC. SERVICE,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI,
PIN-590001.
3. SMT. VAISHNAVI
D/O. MARUTI PATIL,
AGE. 22 YEARS, OCC. STUDENT,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI,
PIN-590001.
4. SHRI. BANGAREPPA
S/O. GURBASAPPA MALANNAVAR,
AGE. 45 YEARS, OCC. BUSINESS,
R/O. AT POST. NESARAGI,
TQ. BAILHONGAL, DIST. BELAGAVI-590003
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
5. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
CLUB ROAD, BELAGAVI
PIN-590001.
...RESPONDENTS
(BY SRI. VITTHAL S.TELI, ADVOCATE FOR R4;
SRI. S.C. BHUTI, ADVOCATE FOR R5;
R1-R3 SERVED)
THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023
PASSED IN MVC NO.942/2017 ON THE FILE OF THE II ADDITIONAL
DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, AWARDING COMPENSATION OF RS.11,42,200/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
IN M.F.A. NO.104016 OF 2023
BETWEEN:
1. SMT. LAXMI
W/O. MARUTI PATIL,
AGE. 46 YEARS, OCC. HOUSEHOLD WORK,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
2. SHRI. SANDEEP
S/O. MARUTI PATIL,
AGE. 25 YEARS, OCC. STUDENT,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590015.
3. SMT. VAISHNAVI
D/O. MARUTI PATIL,
AGE. 22 YEARS, OCC. STUDENT,
R/O. H. NO.585, GOKAK ROAD,
KALKAMBA VILLAGE,
TQ. AND DIST. BELAGAVI-590019.
...APPELLANTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
AND:
1. SHRI. BANGAREPPA
S/O. GURBASAPPA MALANNAVAR,
AGE. MAJOR, OCC. BUSINESS,
R/O. AT POST. NESARAGI,
TQ. BAILHONGAL, DIST. BELAGAVI-591121
(OWNER OF HERO-HONDA PASSION PRO
MOTOR CYCLE BEARING
NO.KA-24/R-0126).
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
HAVING ITS DIVISIONAL OFFICE,
AT. MADIWLE ARCADE,
CLUB ROAD, BELAGAVI-590001
(INSURER OF HERO HONDA PASSION PRO
MOTOR CYCLE BEARING NO.KA-24/R-0126)
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
CLUB ROAD, BELAGAVI-590001
(INSURER OF MOTORCYCLE
BEARING NO.KA-22/EU-7710)
...RESPONDENTS
(BY SRI. S.V. YAJI, ADVOCATE FOR R2;
SRI. S.C. BHUTI, ADVOCATE FOR R3;
R1 DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023
PASSED IN MVC NO.942/2017 ON THE IN THE COURT OF II
ADDITIONAL DISTIRCT JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, BELAGAVI AND CONSEQUENTLY ENHANCE THE
COMPENSATION AND RESPONDENT 1 AND 2 JOINTLY AND
SEVERALLY. PRAYED FOR IN THE APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3403
MFA No. 102873 of 2023
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
JUDGMENT
Heard Smt.Geetha Pawar, learned counsel,
Sri.S.V.Yaji, learned counsel and Sri.S.C.Bhuti, learned
counsel.
2. These appeals are filed by the claimants and
Insurance Company challenging the validity of the
judgment and award passed in MVC No.941/2017 and
MVC No.942/2017 dated 28.03.2023 on the file of II
Additional District Judge and MACT, Belagavi.
3. Claimants have sought for enhanced
compensation in respect of accidental injuries and
accidental death, Oriental Insurance Company Limited has
challenged its liability.
4. This Court in respect of another appeal filed by
the Oriental Insurance Company Limited in MFA
No.102635/2023 by order dated 22.01.2024 held that
liability fastened on the Oriental Insurance Company
Limited is just and proper.
NC: 2024:KHC-D:3403
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
5. Therefore, same yard stick needs to be applied
for the appeals filed by the Insurance Company in MFA
No.102634/2023.
6. Further, in respect of claimants appeal, insofar
as injured/claimant and dependants of the deceased -
Maruti son of Neelu Dada Patil is concerned, taking note
that the injured/claimant - Maruti son of Neelu Dada Patil
has sustained only simple injuries, there is a no scope for
enhancement of quantum of compensation.
7. Insofar as dependants of Maruti son of Neelu
Dada Patil, the Tribunal has taken into consideration
monthly income in a sum of Rs.10,250/- for the accidental
death of the year, 2017 which is just and proper, in the
absence of proper proof of the income. As per National
Insurance Company Limited vs. Pranaya Sethi and
others reported in 2017 ACJ 2700, 10% of the income is
also added and proper deduction has been made, taking
note of number of dependants.
NC: 2024:KHC-D:3403
C/W MFA No. 102634 of 2023, MFA No.
104016 of 2023
8. Therefore, hardly there is scope for
enhancement of the compensation in respect of
dependants of Maruti son of Neelu Dada Patil are
concerned. Therefore, the quantum of compensation
awarded by the Tribunal needs to be deducted.
9. Hence, following:
ORDER
i. Appeals are meritless and hereby dismissed.
ii. Amount in deposit is ordered to be
transmitted to the Tribunal for
disbursement in accordance with law.
Sd/-
JUDGE
KAV
