Karnataka High Court
Shantavva W/O Kallappa Tippannavar vs Shidramayya S/O Shivayya Koti on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 23023 OF 2013 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 22939 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 22984 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 22985 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 23022 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 23146 OF 2013
IN MISCELLANEOUS FIRST APPEAL NO. 23023 OF 2013
BETWEEN:
1. SMT. SHANTAVVA
W/O. KALLAPPA TIPPANNAVAR,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: TAVARGERI, TQ: KALAGHATAGI,
Digitally DIST: DHARWAD.
signed by
SAMREEN
SAMREEN AYUB
DESHNUR
2. KUMAR. CHANABASAPPA
AYUB
DESHNUR Date: S/O. KALLAPPA TIPPANNAVAR,
2024.02.23
16:47:13 AGE: 20 YEARS, OCC: STUDENT,
+0530
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
3. KUMAR. MANJUNATH
S/O. KALLAPPA TIPPANNAVAR,
AGE: 18 YEARS, OCC: STUDENT,
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
4. KUMAR. SHANKRAPPA
S/O. KALLAPPA TIPPANNAVAR,
AGE: 16 YEARS, OCC: STUDENT,
-2-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
(APPELLANT NO.4 MINOR BY
HIS NATURAL MOTHER GUARDIAN
APPELLANT NO.1)
...APPELLANTS
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. N.R. KUPPELLUR, ADVOCATE FOR R2;
SRI. C.V. ANGADI, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.55/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-3-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN MISCELLANEOUS FIRST APPEAL NO. 22939 OF 2013
BETWEEN:
DHARMANNA
S/O. HANUMANTAPPA KHANDOJI,
AGE: 51 YEARS, OCC: COOLIE,
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2;
SRI. C.V. ANGADI, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.52/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-4-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN MISCELLANEOUS FIRST APPEAL NO. 22984 OF 2013
BETWEEN:
SMT. YALLAVVA
W/O. KALLAPPA WALIKAR,
AGE: 48 YEARS, OCC: COOLIE,
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2;
SRI. C.V. ANGADI, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.48/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-5-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN MISCELLANEOUS FIRST APPEAL NO. 22985 OF 2013
BETWEEN:
SMT. KALLAVVA
W/O. MANOHAR NARUKAR,
AGE: 46 YEARS, OCC: COOLIE,
R/O: YALIVADAL (TAVARGERI),
TQ: KALAGHATAGI, DIST: DHARWAD.
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2;
SRI. C.V. ANGADI, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.47/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-6-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN MISCELLANEOUS FIRST APPEAL NO. 23022 OF 2013
BETWEEN:
SMT. YALLAVVA
W/O. KALLAPPA WALIKAR,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. N.R. KUPPELLUR, ADVOCATE FOR R2;
SRI. S.S. KOLIWAD, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.53/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-7-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
IN MISCELLANEOUS FIRST APPEAL NO. 23146 OF 2013
BETWEEN:
SMT. KASTURI
W/O. SHIVAPPA HADAPAD,
AGE: 48 YEARS, OCC: COOLIE,
R/O: TAVARGERI, TQ: KALAGHATAGI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. RAGHAVENDRA PUROHIT, ADVOCATE FOR
SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SHIDRAMAYYA
S/O. SHIVAYYA KOTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: BELAVANTER, TQ: KALAGHATAGI,
DIST: DHARWAD.
2. NEW INDIA ASSURANCE CO., LTD.,
SHRINATH COMPLEX, NCM, HUBLI.
3. UNITED INDIA INSURANCE COMPANY LTD.,
GADAG, BY ITS DIVISIONAL OFFICE,
ENKAY COMPLEX, KESHWAPUR, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. P.G. CHIKKANARGUND, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2;
SRI. C.V. ANGADI, ADVOCATE FOR R3)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, 1988,
AGAINST JUDGMENT AND AWARD DTD:29.09.2011, PASSED IN
MVC.NO.50/2007 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
-8-
NC: 2024:KHC-D:4180
MFA No. 23023 of 2013
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
THESE APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Raghavendra Purohit for Sri. Dinesh M.
Kulkani, Sri.P.G.Chikkanargund, Sri.N.R.Kuppelur and
Sri.C.V.Angadi, learned counsel for the parties.
2. These appeals are filed by the claimants challenging
the validity of the of the common judgment passed in MVC
Nos.53/2007 and connected matters dated 29.09.2011 on
the file of I Addl. Senior Civil Judge and Addl. MACT,
Hubbali, insofar as inadequacy of the compensation and
shifting the liability on the insurance company of the
tractor and trailer.
3. For easy reference, the appeal numbers, MVC
number, Death/injury particular and amount awarded by
the tribunal are tabulated as under:
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
MFA Nos. MVC Nos. Death / Amount
Injury awarded by
Tribunal(Rs.)
23023/2013 55/2007 Death 5,76,000-00
22939/2013 52/2007 Injury 1,40,900-00
22984/2013 48/2007 Injury 97,020-00
22985/2013 47/2007 Injury 78,400-00
23022/2013 53/2007 Death 4,04,000-00
23146/2013 50/2007 Injury 1,29,800-00
4. Facts in brief which are utmost necessary for disposal
of these appeals are as under:
4.1 Claimants who are traveling in the tractor and trailer
unit bearing No.AP-15/T-93637 and KA-25/T-7519 on
account of rash and negligent driving of the driver of the
tractor an accident has occurred by suddenly applying
break and whereby the trailer toppled down. As a result
the inmates of the tractor and trailer unit fell down and
two of them lost their life and several others were injured.
4.2 The dependants of deceased persons and the injured
persons laid a claim for awarding compensation.
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NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
4.3 The claim petitions were resisted by filing detailed
written statement by the insurance company.
4.4 Claim petitions on contest came to be allowed by
awarding compensation as aforesaid and liability was
fastened on the owner of the tractor and trailer unit as the
trailer was not used for the agricultural operations and the
injured and deceased persons were traveling in the trailer
as gratuitous passengers without there being any goods
along with them carried in the tractor and trailer unit.
5. Being aggrieved by the quantum of compensation
and exonerating the insurance company of the tractor and
trailer unit, claimants are in appeal.
6. Sri.Raghavendra Purohit, learned counsel for the
appellants reiterating the grounds urged in the appeal
memorandum sought for enhancement of compensation so
also requested the court to shift the liability on the
insurance company.
- 11 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
7. In support of his arguments, he placed reliance on
the judgment of Division Bench of this Court in the case of
Branch Manager, New India Assurance Company
Limited, Mandya Vs Boregowda (Since dead by LR)
and others, reported in 2008 (4) Kar.L.J. 761(DB).
8. Relevant paragraph in the said judgment is
paragraph No.5, which is culled out hereunder:
"5. The facts disclose that the trailer was
lent by the respondent No. 4 to the respondent
No. 3. When the tractor is attached with a
trailer, it constitutes goods vehicle. The tractor
although belonging to respondent No. 4 is lent
was using both the tractor and trailer for his
activity i.e. transporting stone crushing
machine. The deceased was employed by the
respondent No. 3. The accident occurred in the
course and out of the employment. Therefore,
we are of the view that notwithstanding the
and insured with the respondent No. 5, when
the trailer, validly registered and insured, is
used by respondent No. 3 both the owners are
equally liable and consequently, the insurer of
- 12 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
both the vehicles are liable to pay the
compensation."
9. Per contra, learned counsel representing the
insurance company namely Sri.N.R.Kuppelur and
Sri.C.V.Angadi supported the impugned judgment insofar
as exonerating the insurance company of the tractor trailer
unit is concerned.
10. Owner of the tractor and trailer unit is represented
by Sri.P.G.Chikkanaragund who is not present before the
court today and failed to address his arguments.
11. In the light of the arguments put forth by the
counsel, this court has perused the material on record
meticulously.
12. On such perusal of the material on record, the
accident involving tractor and trailer unit and claimants
being dependants of deceased persons Kallappa
Tippannavar and Nagappa, other claimant's being injured
- 13 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
stands established by placing necessary oral and
documentary evidence on record.
13. Income taken by the tribunal at the relevant point of
time is just and proper. Therefore, the only head on which
the compensation could be enhanced insofar as injured
claimants are concerned is on the other heads namely loss
of amenities etc.
14. Therefore, enhancing compensation in a sum of
Rs.25,000/- globally over and above the amount of
compensation awarded by the tribunal is just and proper
insofar as injured claimants/Appellants are concerned.
15. However, in respect of the claimants who are
dependants of deceased are concerned, matter requires
reassessment of quantum of compensation in the light of
principle of law enunciated in following the dictum of the
Hon'ble Apex Court in the case of National Insurance
Company Limited vs. Pranay Sethi and Others
reported in AIR 2017 SC 5157, United India
- 14 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
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.
16. Accordingly, in respect of deceased persons,
compensation is reassessed as under:
In the case of deceased Sri.Kallappa.
MFA Nos. MVC Head under which Compensation
Nos. compensation granted (Rs.)
23023/2013 55/2007 Loss of Dependency 6,61,500-00
3500+40%=4900/-
4900X12X15X3/4/ 100
Loss of consortium 1,60,000-00
Loss Estate & Funeral 30,000-00
Expenses
Total 8,51,500-00
In the case of deceased Sri.Nagappa
MFA Nos. MVC Head under which Compensatio
Nos. compensation n(Rs.)
granted
23022/2013 53/2007 Loss of Dependency 5,29,200-00
3500+40%=4900/-
4900X12X18X50%/ 100
Loss of consortium 40,000-00
Loss Estate & Funeral 30,000-00
Expenses
Total 5,99,200-00
- 15 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
17. Insofar as liability is concerned, admittedly, the
trailer was not insured.
18. In the case referred by the counsel for appellant in
the case of Branch Manager, New India Assurance
Company Limited, Mandya Referred supra, the Hon'ble
Division Bench of this court was dealing with the claim
under Workmen's Compensation Act.
19. Therefore, the principle of law enunciated in the said
judgment is not applicable to the facts of the present case.
20. Admittedly, the claimants are gratuitous passengers.
Since, trailer was not insured; it is the owner who is liable
to pay the compensation.
21. Accordingly, the following:
ORDER
i) Appeals allowed in part.
ii) As against amount awarded by the tribunal,
claimants are entitled for compensation as under:
- 16 -
NC: 2024:KHC-D:4180
C/W MFA No. 22939 of 2013, MFA No. 22984
of 2013, MFA No. 22985 of 2013, MFA No.
23022 of 2013, MFA No. 23146 of 2013
MFA Nos. MVC Amount Total
Nos. awarded by compensation
tribunal(Rs.) (Rs.)
23023/2013 55/2007 5,76,000-00 8,51,500-00
22939/2013 52/2007 1,40,900-00 1,65,900-00
22984/2013 48/2007 97,020-00 1,22,020-00
22985/2013 47/2007 78,400-00 1,03,400-00
23022/2013 53/2007 4,04,000-00 5,99,200-00
23146/2013 50/2007 1,29,800-00 1,54,800-00
iii) No order as to costs.
Sd/-
JUDGE
HMB
