Karnataka High Court
The Divisional Manager vs Balabai W/O Parashuram Mangannavar on 12 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3405
MFA No. 22258 of 2012
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.22258 OF 2012 (MV-D)
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD.,
DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI
MTP HUB OFFICE, 2ND FLOOR, SRINATH COMPLEX,
NEW COTTON PET, HUBLI-580029.
...APPELLANT
(BY SRI. S.V. YAJI, ADVOCATE)
AND:
1. SRI. BALABAI
W/O. PARASHURAM MANGANNAVAR,
AGED ABOUT 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: KAM, TALUK and DIST: BELAGAVI-590001.
2. SRI. RAGHAVENDRA PARASHURAM MANGANNAVAR,
AGE ABOUT 16 YEARS, OCC: STUDENT,
SAMREEN R/O: KAM, TQ and DIST: BELAGAVI-590001.
AYUB
DESHNUR
Digitally signed
3. SRI. NAGARAJ SOMALING KALABHAVI,
by SAMREEN
AYUB DESHNUR AGE ABOUT 33 YEARS, OCC: PRIVATE SERVICE,
Date: 2024.02.22
16:45:51 +0530 R/O: KARNAKATTI, POST: TARIHAL,
TQ and DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SRI. SANJAY S.KATAGERI, ADVOCATE FOR R1;
R2 IS MINOR REP. BY R1;
R3 SERVED)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED: 02.03.2012 PASSED IN MVC
NO.1662/2011 ON THE FILE OF THE PRESIDING OFFICER, FTC-III,
AND MEMBER AMACT, BELAGAVI, AWARDING COMPENSATION OF
RS.4,60,000/- WITH 8% INTEREST P.A. FROM THE DATE OF THIS
PETITION TILL ITS REALIZATION.
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NC: 2024:KHC-D:3405
MFA No. 22258 of 2012
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Insurance Company is in appeal challenging the
validity of the judgment and award passed in MVC
No.1662/2011 dated 02.03.2012 on the file of Fast Track
Court - III and AMACT, Belgaum.
2. Brief facts of the case are as under:
A claim petition came to be filed under Section 163A
of Motor Vehicles Act contending that on 10.04.2011 in the
night hours, Sagar Parushuram Mangannavar, was
proceeding on a motorcycle bearing No.KA-d22/EE-9996,
from Shindoli to Kamakarathi Village and when he reached
near Raibagi factory, at about 09.30.p.m. there was a skid
of the motorcycle and he fell down. Due to the impact of
the said fall, Sagar Parushuram Mangannavar sustained
grievous injuries and he was shifted to District Hospital,
Belagavi. Despite best treatment, he succumbed the
injury.
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3. Family members who are dependants of said
Sagar Parushuram Mangannavar, laid a claim.
4. Claim petition was resisted by filing necessary
written statement. Tribunal after raising necessary issues,
allowed the claim petition in a sum of Rs.4,60,000/- as
under:
1. Loss of dependency Rs.4,50,000/-
2. Loss of Estate Rs.5,000/-
3. Transportation of dead body Rs,5000/-
and Funeral expenses
Total Rs.4,60,000/-
5. Being aggrieved by the same, Insurance Company
is in appeal.
6. Sri.S.V.Yaji, learned counsel for the appellant,
reiterating the grounds urged in the appeal memorandum
vehemently contended that Tribunal ought not have allowed
the claim in a sum of Rs.4,60,000/- as the rider stepped into
the shoes of the owner and he was not possessing any driving
license.
7. Per contra, Sri.Sanjay S. Katageri, learned counsel
for the respondents placed reliance on the judgment passed by
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this Court in MFA No.20323/2010 dated 26.07.2021 in the
case of Smt.Lagamawwa Vs. Mahadev and another.
8. He further contended that claimant is entitled for
the compensation as deceased is a third party, so far as the
owner of the motorcycle is concerned.
9. Taking note of the rival contentions of the parties,
this Court perused the material on record, meticulously.
10. On such perusal of the material on record, in the
case on hand, death of Sagar Parushuram Mangannavar is
established by placing necessary evidence on record. Ex.R.1 is
the Insurance Policy.
11. Premium paid is in a sum of Rs.622. It is on the
head of own damages. Insofar as claimants are concerned,
claimants are claiming compensation on the basis of the fact
that they were dependants of Sagar Parushuram Mangannavar.
12. Applying the principles of law enunciated in the
judgment of Smt.Lagamawwa Vs. Mahadev and another as
referred to supra, claimant is entitled to a sum of Rs.1,00,000/-
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which is the maximum amount payable by Insurance Company
for claiming personal accident claim and not Rs.4,60,000/-.
13. Accordingly, following:
ORDER
i. Appeal is allowed in part as against sum of
Rs.4,60,000/-, claimants are entitled to a sum of
Rs.1,00,000/- with interest at 6%p.a. from the
date of petition till realization.
Sd/-
JUDGE
KAV
