Karnataka High Court
Sri Srinivasa Prasad S/O Sri Thimmappa vs Gowramma W/O Late Rachachari @ Raja on 19 February, 2024
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MFA No. 2193 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL No.2193 OF 2013(MV-D)
BETWEEN:
1. SRI SRINIVASA PRASAD,
S/O SRI THIMMAPPA,
AGED ABOUT 26 YEARS,
R/O HANKERE VILLAGE, MANDYA TALUK,
NOW R/O HALAGURU VILLAGE,
JPM EXTENSION,
MALAVALLI TALUK-571430.
...APPELLANT
(BY SRI PRAKASH M. H. ADVOCATE)
AND:
1. GOWRAMMA,
W/O LATE RACHACHARI @ RAJA,
AGED ABOUT 51 YEARS,
Digitally
signed by 2. DHARMARAJACHARI
BHARATHI S
S/O LATE RACHACHARI @ RAJA
Location:
HIGH COURT AGED ABUT 30 YEARS
OF
KARNATAKA BOTH ARE R/O HULLAHALLI VILLAGE,
MALAVALLI TALUK,
MANDYA DISTRICT-571430.
3. RELIANCE GENERAL INSURANCE CO. LTD.,
MYSORE TRADE CENTRE,
OPP. KSRTC BUS STAND,
MYSORE-570001.
4. SRI SIDDARAJU
S/O RACHCHARI,
AGED ABOUT 32 YEARS,
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MFA No. 2193 of 2013
R/O 5TH CROSS,
OPP. JAYALAKSHMI THEATER,
GUTHALU, MANDYA-571401.
5. SRI G. M. HARISH,
S/O P. MUDDAPPA,
MAJOR BY AGE,
R/O SRI MARUTHI NILAYA,
KUVEMPUNAGAR,
TUMKUR-572101.
6. THE BRANCH MANAGER,
THE ORIENTAL INSURANCE CO. LTD.,
TGMA BUILDING,
J C ROAD, TUMKUR-572101.
...RESPONDENTS
(BY SRI J. SATHISH KUMAR, ADVOCATE FOR R1 & R2;
SRI D. VIJAYA KUMAR, ADVOCATE FOR R3;
SRI M.S. SRIRAM, ADVOCATE FOR R6;
R4 & R5 ARE SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 30.11.2012 PASSED IN MVC NO.46/2010 ON THE FILE OF
THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, AWARDING A
COMPENSATION OF RS.7,81,000/- WITH INTEREST @ 6% P.A FROM
THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the owner of the offending
vehicle challenging the judgment and award dated 30.11.2012
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passed in MVC No.46/2010 by the Senior Civil Judge, MACT,
Malavalli1.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of
the above appeal are that on 5.11.2009 the deceased was
riding a motor cycle bearing No.KA-06/M 6629 when another
motor cycle bearing No.Ka-11/S 4808 coming from the
opposite direction being ridden in a rash and negligent manner
came and hit the motor cycle on which the deceased was
riding, causing the accident in question. Due to the said
accident, the deceased sustained grievous injuries and
succumbed to the same. The mother and brother of the
deceased filed a claim petition arraying the owner and insurer
of the offending motor cycle as respondent Nos.1 and 5
respectively. Respondent Nos.3 and 4 were stated to be the
owners of the motor cycle that was being ridden by the
deceased and respondent No.2 is the insurer of the said motor
cycle.
Hereinafter referred to as the 'Tribunal'
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4. Claimant No.1 examined herself as PW.1 and
another witness as PW.2. Exs.P1 to P7 were marked in
evidence. No oral or documentary evidence was adduced on
behalf of the respondents. The Tribunal by its judgment and
award dated 30.11.2012 awarded a sum of `7,81,000/-
together with interest at 6% pa., and respondent No.1 - owner
of the offending vehicle was directed to pay the compensation
awarded. The claim proceedings against respondent Nos.2 to 5
was dismissed. Being aggrieved, the present appeal is filed by
the owner of the offending motor cycle.
5. Learned counsel for the appellant fairly concedes
that there was no policy of insurance taken in respect of the
offending vehicle. The dismissal of the claim petition against
respondent Nos.2 to 5 by the Tribunal is not under challenge.
Hence, the only question that is required to be considered in
the present appeal is with regard to the quantum of
compensation.
6. Along with the appeal, the appellant has filed
IA.No.1/2013 seeking to produce three documents. Learned
counsel for the appellant referring to document No.3 produced
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along with IA.No.1/2013 submits that the deceased had availed
a disability compensation from the State Government in a sum
of `400/- every month. It is further contended that Ex.P7, the
inquest report discloses that three fingers of the right hand of
the deceased are not there. Hence, it is submitted by the
learned counsel for the appellant that the assessment of
income by the Tribunal is excessive and the compensation is
liable to be reduced.
7. Per contra, learned counsel for respondent Nos.1
and 2 submits that the judgment and award of the Tribunal is
just and proper.
8. The submissions of both the learned counsel have
been considered and the material on record including the
records of the Tribunal have been perused. The questions that
arise for consideration are:
i) Whether IA.No.1/2013 is required to be allowed?
ii) Whether the quantum of compensation is required
to be reduced?
Re. Question No.(i)
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9. In the affidavit filed in support of IA.No.1/2013 it is
deposed that the documents that have been produced along
with the said application could not be produced before the
Tribunal and hence, the same are produced in the present
appeal. Along with the application three documents i.e.,
attested copy of the driving licence, certified copy of the
judgment dated 20.10.2011 passed in CC No.6/2010 and
attested copy of the disability certificate dated 23.9.2007 have
been produced. The said documents are necessary for
considering the claim of the appellant. Hence, having regard to
the reasons set out in the affidavit accompanying the
application, IA.No.1/2013 is allowed and the said documents
have been taken on record. Accordingly, question No.(i) is
answered in the affirmative.
Re. question No.(ii)
10. It is forthcoming that in the claim petition it is
averred that the deceased was a carpenter. To prove his
income Ex.P6 has been produced which is a certificate dated
1.10.2012 issued by the employer and it states that the
deceased was working as a carpenter and they were paying a
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salary of `7,000/- pm. It is forthcoming that in the claim
petition the claimants have averred that the deceased was self
employed. However, having regard to the fact that no other
document apart from Ex.P6 is produced to demonstrate the
income and having regard to the fact that as is forthcoming
from the inquest report (Ex.P7) the three fingers of the right
hand of the deceased were missing, it cannot be said that the
deceased was working as a carpenter. Further, it is
forthcoming from the certificate dated 23.9.2007 produced
along with IA.No.1/2013 that the deceased was drawing `400/-
pm., as disability compensation.
11. Having regard to the aforementioned, if the
deceased is considered as a non earning person and keeping in
mind the chart where notional income is set out for settlement
of cases in Lok Adalath conducted by the Legal Services
Authority and having regard to the date of the accident, it is
just and proper that the income of deceased is reassessed at
`4,000/- pm.
12. Since the deceased was a bachelor, 50% of the
income is required to be deducted towards personal expenses
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and 40% is required to be added towards future prospects in
view of the judgment of the Hon'ble Supreme Court in the case
of National Insurance Company Limited V. Pranay Sethi
and others2. Accordingly, towards loss of dependency the
claimants are entitled to compensation in a sum of (`4000/- -
50% +40%x12x18) `6,04,800/-.
13. The claimants being the mother and brother of the
deceased are entitled to loss of consortium as held by the
Hon'ble Supreme Court in the case of Magma General
Insurance Company Limited vs. Nanu Ram Alias Chuhru
Ram and others3 in a sum of (`44000/-x2) `88,000/-.
14. The claimants are also entitled to compensation in a
sum of `16,500/- each towards loss of estate and funeral
expenses.
15. Accordingly, the total compensation under various
heads is re-assessed as follows:
(2017) 16 SCC 680
(2018) 18 SCC 130
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Sl.No. Heads Amount Amount awarded
awarded by the by this Court
Tribunal (Rs.) (Rs.)
1. For transportation of 10000.00 16500.00
dead body and
funeral expenses
2. Loss of love and 15000.00 0.00
affection to claimant
No.2 - 5000/-
To claimant No.1 -
10000/-
3 Loss of consortium 0.00 88000.00
4. Loss of estate 0.00 16500.00
5. Loss of dependency 756000.00 604800.00
Total 781000.00 725800.00
Rounded off to
726000.00
16. Hence, the claimants are entitled for a total
compensation of `7,26,000/- as against `7,81,000/- awarded
by the Tribunal along with interest at 6% p.a. Claimant No.1
being the mother of the deceased, she is entitled to the entire
compensation awarded. Accordingly, question No.(ii) is
answered in the affirmative.
17. In the result, the following order is passed:
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ORDER
i) IA.No.1/2013 is allowed and the documents are
taken on record and considered along with the
above appeal on merits;
ii) The above appeal is allowed in part;
iii) The judgment and award dated 30.11.2012 passed
in MVC No.46/2010 by the Senior Civil Judge,
MACT, Malavalli, is modified to the extent stated
herein. In all other respects, the judgment and
award of the Tribunal remains unaltered.
iv) The compensation awarded by the Tribunal is
reduced to `7,26,000/- which the claimants are
entitled to together with interest at 6% pa., from
the date of petition till its realization;
v) The amount deposited by the appellant be
transmitted to the Tribunal for disbursement.
vi) The appellant - owner of the offending vehicle shall
deposit the balance compensation together with
accrued interest within a period of ten weeks from
the date of receipt of a copy of this judgment;
vii) Upon deposit, the entire compensation as assessed
by this Court shall be payable to claimant No.1;
viii) Out of the total compensation, 50% of the
compensation together with accrued interest shall
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be kept in a Fixed Deposit in any nationalized bank
as per the convenience of claimant No.1 for a
period of three years and remaining 50% together
with accrued interest shall be disbursed to claimant
No.1.
ix) Upon Fixed Deposit being matured after the lapse
of three years, the same shall be transferred
directly to the bank account of claimant No.1
without any further orders from the Tribunal or this
Court;
vi) The Registry to draw the modified decree
accordingly.
x) No costs.
Sd/-
JUDGE
ND
