Karnataka High Court
Chandrabagawwa vs Shankarayya on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3704
MFA No.23799 of 2013
C/W MFA No.100391 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.23799 OF 2013 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.100391 OF 2014
IN MFA.NO.23799 OF 2013
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
MADIWALE ARCHADE, CLUB ROAD,
BELAGAVI,
REPRESENTED THROUGH ITS
REGIONAL OFFICE, SUMANGALA
COMPLEX, IIND FLOOR, STATION
ROAD, HUBLI,
REPRESENTED BY ITS ASSISTANT
MANAGER.
...APPELLANT
(BY SRI. S.S. KOLIWAD AND
Digitally
signed by
SAMREEN
SRI. N.R. KUPPELUR, ADVOCATES)
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date: AND:
2024.02.23
16:56:27
+0530
1. SMT. CHANDRABAGAWWA
W/O. KUNTAPPA AMBIGER,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
2. GOURAMMA
D/O. KUNTAPPA AMBIGER,
AGE: 18 YEARS, OCC: STUDENT,
3. NEELAMMA D/O. KUNTAPPA AMBIGER,
AGE: 16 YEARS, OCC: STUDENT,
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MFA No.23799 of 2013
C/W MFA No.100391 of 2014
4. SUVARNA D/O. KUNTAPPA AMBIGER,
AGE: 13 YEARS, OCC: STUDENT,
RESPONDENT NO. 3 and 4 ARE MINORS
REPRESENTED BY THEIR MOTHER
RESPONDENT NO.1
ALL ARE RESIDENTS OF NEAR
SHARANABASAVESHWARA
MATH, WARD NO.X, BAGALKOT.
5. SRI. SHANKARAYYA S/O. KARABASAYYA HIREMATH,
AGE: MAJOR, OCC: BUSINESS,
R/O: S.C.TEGGINMATH SCHOOL,
BEHIND PLICE STATION, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT.
...RESPONDENTS
(BY SRI. P.N. HOSAMANE, ADVOCATE FOR R5;
SRI. D.V. PATTAR, ADVOCATE FOR R1-R2;
R3-R4 ARE MINORS REP. BY R1)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:25-07-2013
PASSED IN MVC NO.60/2012 ON THE FILE OF MEMBER,
MACT.NO.II, BAGALKOT, AWARDING THE COMPENSATION OF
Rs.6,99,400/- WITH FUTURE INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA.NO.100391 OF 2014
BETWEEN:
1. CHANDRABAGAWWA
W/O. KUNTAPPA AMBIGER,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
2. GOURAMMA
D/O. KUNTAPPA AMBIGER,
AGE: 19 YEARS, OCC: STUDENT,
3. NEELAMMA
D/O. KUNTAPPA AMBIGER,
AGE: 17 YEARS, OCC: STUDENT,
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NC: 2024:KHC-D:3704
MFA No.23799 of 2013
C/W MFA No.100391 of 2014
4. SUVARNA
D/O. KUNTAPPA AMBIGER,
AGE: 14 YEARS, OCC: STUDENT,
APPELLANT NO.3 AND 4 MINORS,
REP. BY MINOR GUARDIAN MOTHER
APPELLANT NO.1
ALL R/O: NEAR SHARANABASAVESHWAR MATH,
WARD NO.X, BAGALKOT.
...APPELLANTS
(BY SRI. D.V. PATTAR AND
SRI. ANAND R.KOLLI, ADVOCATES)
AND:
1. SHANKARAYYA
KARABASAYYA HIREMATH,
AGE: MAJOR, OCC: OWNER OF THE
CAR, BEARING NO.MH.13/F.0124,
R/O: S.C. TEGGINAMATH SCHOOL,
BEHIND POLICE STATION,
MAHALINGAPUR, TQ: MUDHOL.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
MADIWALE ARCHADE, CLUB ROAD,
BELAGAVI.
...RESPONDENTS
(BY SRI. S.S. KOLIWAD AND
SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
SRI. P.N. HOSAMANE, ADVOCATE FOR R1)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:25-07-2013
PASSED IN MVC NO.60/2012 ON THE FILE OF MEMBER,
MACT.NO.II, BAGALKOT, 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:
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MFA No.23799 of 2013
C/W MFA No.100391 of 2014
JUDGMENT
Insurance company and claimants are in appeal
challenging the validity of the judgment and award passed
in MVC No.60/2012 on the file of MACT-II Bagalkot dated
25.07.2013.
2. Facts in brief which are utmost necessary for disposal
of the appeals are as under:
2.1 A claim petition came to be filed under Section 166 of
MV act contending that on 27.06.2011 at about 6 p.m.
Kuntappa Ambiger being the drama teacher was traveling
in a car bearing No.MH-13/F-0124 to return to his house.
Said car met with accident on account of rash and
negligent driving of the driver of the car. Said Kuntappa
Ambiger being inmate of the car, sustained grievous
injuries and he was shifted to hospital. Despite best
treatment, Sri.Kunatappa did not survive and lost his life.
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2.2 Dependants of Sri.Kuntappa Ambiger namely wife and
three minor children laid a claim for awarding suitable
compensation.
2.3 The claim petition was resisted by detailed written
statement by the insurance company.
2.4 Tribunal on contest, allowed the claim petition in a
sum of Rs.6,99,400-00 and fastened the liability on the
insurance company of the car bearing No.MH-13/F.0124
and apportioned the compensation amount in the ratio of
40:20:20:20 and fastened the liability among the
claimants and insurance company.
3. Being aggrieved by the fastening of the liability on
the insurance company, insurance company is in appeal on
the ground that the car was insured with "Act only Policy"
and therefore inmate of the car was not covered in the
absence of payment of any extra premium.
4. Claimants are in appeal on the ground of inadequacy
of the compensation.
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5. Having heard the parties in detail, this court has
perused the material on record meticulously.
6. On such perusal of the material on record, as could
be seen from the policy which is marked at Ex.R2, the
policy is "Act only policy". In other words, the policy did
not cover the claim of inmates of the car in the absence of
the payment of extra premium.
7. Since inmates of the care cannot be construed as
third party, the liability cannot be fastened on the
insurance company. Therefore, appeal filed by the
insurance company needs to succeed.
8. Insofar as quantum of compensation, Sri.D.V.Pattar
vehemently contended that the tribunal has not awarded
compensation under the head loss of income, filial
affection namely, parental consortium, spouse consortium.
There is sufficient force in the said argument.
9. Following the dictum of the Hon'ble Apex Court in the
case of National Insurance Company Limited vs.
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Pranay Sethi and Others reported in AIR 2017 SC
5157 , United India Insurance Company Limited vs.
Satinder Kaur alias Satwinder Kaur and Others
reported in AIR 2020 SC 3076 AND Magma General
Insurance Company Limited vs. Nanu Ram and
Others reported in 2018 ACJ 2782, claimants are
entitled for enhancement of compensation.
10. Accordingly, if the compensation amount is enhanced
from Rs.6,99,400/- to Rs.8,00,000/- ends of justice would
be met, taking note of the fact that sum of Rs.10,000/-
has already is awarded under the head loss of consortium.
11. Accordingly, the following:
ORDER
i) Insurance company appeal is allowed.
ii) The liability fastened on the insurance company
to pay the adjudged/enhanced compensation is
set aside.
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iii) Claimants appeal is allowed.
iv) As against compensation of Rs.6,99,400/-
awarded by the tribunal, claimants are entitled
for compensation in a sum of Rs.8,00,000/-
with interest at 6% p.a. from the date of
petition till realization by the owner of the car.
v) Amount in deposit is ordered to be returned to
the insurance company on due identification.
Sd/-
JUDGE
HMB
