Karnataka High Court
M/S Oriental Insurance Co. Ltd vs Yerramma W/O. Late Hanumanthappa on 11 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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MFA No. 24318 of 2012
C/W MFA.CROB No. 100153 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24318 OF 2012 (MV-D)
C/W
MFA CROSS OBJ NO.100153 OF 2022
IN M.F. A. NO.24318 OF 2012
BETWEEN:
M/S. ORIENTAL INSURANCE COMPANY LTD.,
BY ITS DIVISIONAL MANAGER,
PARVATHI NAGAR, BELLARY,
REPRESENTED BY IT'S ASST. MANAGER,
REGIONAL OFFICE, SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBLI-29.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SMT. YERRAMMA
Digitally W/O. LATE HANUMANTHAPPA
signed by
BHARATHI H AGE: 38 YEARS, OCC: HOUSE WIFE,
BHARATHI M
HM Date:
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST
2024.02.06
13:33:17
SONDUR, TQ: BELLARY DIST.
+0530
2. MINOR SOMAKKA
D/O. LATE HANUMANTHAPPA
AGE: NOT MENTIONED, OCC: STUDENT
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST,
SONDUR, TQ: BELLARY DIST.
3. MINOR HONNUR
S/O. LATE HANUMANTHAPPA
AGE: NOT MENTIONED, OCC: STUDENT
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST,
SONDUR, TQ: BELLARY DIST.
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MFA No. 24318 of 2012
C/W MFA.CROB No. 100153 of 2022
4. MINOR SANNA HONNURSWAMY
S/O. LATE HANUMANTHAPPA
AGE: NOT MENTIONED, OCC: STUDENT
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST,
SONDUR, TQ: BELLARY DIST.
5. MINOR BASAVRAJ
S/O. LATE HANUMANTHAPPA
AGE: NOT MENTIONED, OCC: STUDENT
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST,
SONDUR, TQ: BELLARY DIST.
R2 TO R5 MINORS REP. BY R1
6. SHAREEF SAB @ SALEEMSAB
S/O. MALIKSAB
AGE: 28 YEARS, OCC: DRIVER OF LORRY
BEARING NO. KA-35/C-7177
R/O. JAMMALDINNI VILLAGE,
MUDBIHAL TALUKA VIJAYAPUR DISTRICT.
7. M. DINESH
S/O. M. RAMAPPA
OWNER OF LORRY BEARING NO.KA-35/C-7177
R/O. NEAR ANJENEYA SWAMY TEMPLE
KARIGANUR, HOSPET, TALUK BELLARY DISTRICT
8. R. SANTHOSH KUMAR
S/O. R. CHANDRASHEKHAR
MAJOR POLICY HOLDER OF THE LORRY BEARING
NO. KA-35/C-7177
R/O. INDUSHREE BELLARY ROAD,
HOSPETH, BELLARY DISTRICT.
...RESPONDENTS
(BY SRI. MANJUNATH G.PATIL, ADVOCATE FOR R1 (NOC))
(R2 TO R5 MINOR REPTD BY R1)
R6, R7 AND R8 ARE SERVED)
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MFA No. 24318 of 2012
C/W MFA.CROB No. 100153 of 2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 09.07.2012 PASSED IN MVC NO.485/2011 ON
THE FILE OF MEMBER, MACT.NO.V, BELLARY AWARDING THE
COMPENSATION OF RS.5,70,000/- WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL
REALISATION.
IN MFA CROSS OBJ NO.100153 OF 2022
BETWEEN:
SMT. YERRAMMA
W/O. LATE HANUMANTHAPPA
AGED ABOUT 49 YEARS, OCC: HOUSE WIFE,
R/O. BANNIHATTI VILLAGE, NAGALAPUR POST,
SONDUR-TALUK, BELLARY DISTRICT-583212.
...CROSS OBJECTOR
(BY SRI. MANJUNATH G.PATIL, ADVOCATE)
AND:
1. SHAREEF SAB @ SALEEMSAB S/O. MALIK SAB,
AGED ABOUT 38 YEARS, OCC: DRIVER OF LORRY
BEARING NO. KA-35/C-7177
R/O. JAMMALADINNI-VILLAGE,
MUDBIHAL TALUKA, VIJAYAPUR DISTRICT-586212.
2. M.DINESH S/O. M.RAMAPPA
OWNER OF THE LORRY BEARING ITS,
REG. NO. KA-35/C-7177
NEAR ANJINEYA SWAMY TEMPLE,
KARIGANUR, HOSAPETE-TALUK,
BELLARY-DISTRICT-583212.
3. R. SANTHOSH KUMAR
S/O. R. CHANDRASHEKHAR,
MAJOR POLICY HOLDER OF THE LORRY BEARING
REG. NO.KA-35/C-7177
R/O. INDUSHREE BELLARY ROAD,
HOSPETH, BELLARY DISTRICT-583212.
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MFA No. 24318 of 2012
C/W MFA.CROB No. 100153 of 2022
4. THE DIVISIONAL MANAGER,
M/S. ORIENTAL INSURANCE COMPANY,
PARVATHI NAGAR, BELLARY.
5. SOMAKKA D/O. LATE HANUMANTHAPPA,
AGE: MAJOR, OCC: STUDENT
6. HONNUR S/O. LATE HANUMANTHAPPA,
AGE: MAJOR, OCC: STUDENT
7. SANNA HONNUR SWAMY S/O. LATE
HANUMANTHAPPA,
AGE: MAJOR, OCC: STUDENT
8. BASAVARAJ S/O. LATE HANUMANTHAPPA,
AGE: MAJOR, OCC: STUDENT
ALL RESPONDENTS NO.5 TO 8 ARE
R/O.BANNIHATTI VILLAGE, NAGALAPUR-POST,
SONDUR TALUK, BELLARY DIST-583212.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R4;
R1 TO R3, R5 TO R8 NOTICE IS DISPENSED WITH)
THIS MFA.CROB IN MFA NO.24318/2012 IS FILED UNDER
ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908,
AGAINST THE JUDGMENT AND AWARD DATED 09.07.2012
PASSED IN MVC NO.485/2011 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL-V, BELLARY, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEAL AND MFA.CROB
COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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MFA No. 24318 of 2012
C/W MFA.CROB No. 100153 of 2022
JUDGMENT
Heard learned counsel Sri.G.N.Raichur and
Sri.Manjuanth Patil.
2. These two matters arise out of the judgment and
award passed in MVC No.485/2011 dated 09.07.2012 on
the file of Addl. MACT, Bellary.
3. Facts in brief which are utmost necessary for disposal
of these matters are as under:
3.1 In respect of road traffic accident occurred on
02.03.2011 at 6 p.m., wherein Parashuramudu lost his life
being rider of the motorcycle bearing No.KA-36/S-9029.
Accident occurred on account of rash and negligent driving
of driver of the lorry bearing Regn. No.KA-35/C 7177.
Parashuramudu sustained injuries and shifted to VIMS
Hospital and ultimately succumbed to injuries.
3.2 He was aged 21 years and he was the only bread
earner of the family and therefore, dependants have filed
claim petition for suitable compensation.
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C/W MFA.CROB No. 100153 of 2022
3.3. Claim petition was resisted by filing detailed written
statement during claim petition averments.
3.4 Tribunal after raising necessary issues recorded the
evidence of the claimants and one eye witness by name
V.Mareppa and relied on the eight documents which were
placed on record by claimants, exhibited and marked as
Ex.P1 to P8 and also oral and documentary evidence of
one Sri.K.S.Pandian of the respondent insurance company
and documents marked on behalf of insurance company as
per Ex.R1 to R3 comprising of copy of policy, registration
certificate and endorsement by RTO, allowed the claim
petition in part and granted compensation in a sum of
Rs.5,70,000/- with interest at 6% p.a.
4. Being aggrieved by the said judgment and award,
insurance company is in appeal challenging its liability to
pay the compensation on the ground that permit was not
transferred in the name of the subsequent owner of the
lorry in question and therefore, sought for allowing the
appeal.
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C/W MFA.CROB No. 100153 of 2022
5. Per contra, the cross objectors who are claimants
represented by Sri.Manjunath G. Patil contended before
the court that award of compensation is on the lower side
and sought for suitable enhancement.
6. In view of the rival contentions of the parties, this
court has perused the material available on record
meticulously.
7. On such perusal, accidental death of Parashuramudu
in the road traffic accident as aforesaid is established by
placing material evidence on record. Admittedly, the
claimants were not able to place the proper proof of
income of Parashuramudu, who was aged 21 years.
Therefore tribunal has taken into consideration the
monthly income notionally in a sum of Rs.4,500/- p.m.
8. In such circumstances, for the accidental death for
the year 2011, this court would normally assess the
notional income in a sum of Rs.6,000/- per month. Further
no future prospects have been granted by the trial court.
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C/W MFA.CROB No. 100153 of 2022
Following the dictum of 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 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 filial consortium as well. Therefore, a case has been
made out by the cross objectors for reassessment of the
compensation.
9. Thus, claimants are entitled for compensation as
under:
Sl.No. Name of heads Amount(Rs.)
1 Loss of dependency 9,07,200-00
(6000+40%X18/1/2)
2 Loss of love and affection 2,00,000-00
3 Transportation and funeral 15,000-00
expenses
4 Loss of Estate 15,000-00
Total 11,37,200-00
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C/W MFA.CROB No. 100153 of 2022
10. This would take this court to the question of liability
of the insurance company in satisfying the claim by
payment of adjudged compensation.
11. Learned counsel Sri.G.N.Raichur contended that
there was no transfer of permit of the lorry from the
erstwhile owner to the present owner of the lorry as on the
date of accident, as could be seen from the Ex.R3.
12. It is settled principle of law that Mere, non-transfer
of permit or non-transfer of the insurance policy would not
absolve the liability of the insurance company. Non-
transfer of the permit has got nothing to do with the
compensation to be payable by the insurance company if,
the vehicle is properly insured.
13. Therefore, the said contention on behalf of the
insurance company cannot be countenanced in law.
Accordingly, appeal of the insurance company fails and
cross objection needs to be allowed in part.
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C/W MFA.CROB No. 100153 of 2022
14. Hence the following:
ORDER
i) The appeal of insurance company in MFA
No.24318/2012 is dismissed.
ii) Cross objection filed by the claimants in
MFA Crob.No.100153/2022 is allowed in part.
iii) As against compensation awarded by
the tribunal in MVC No.485/2011 in a sum of
Rs.5,70,000/- with interest at 6% p.a., the
cross objectors are entitled to a sum of
Rs.11,37,200/- with interest at 6% p.a. and
cross objectors are not entitled for the interest
for the delayed period.
iv) Amount in deposit is ordered to be
transmitted to the tribunal.
v) Balance amount if any to be paid the
insurance company would be paid within six
weeks from today.
vi) Ordered accordingly.
Sd/-
JUDGE
HMB,CT: UHD
