Karnataka High Court
Kasturti W/O. Mahadev Kesarkar vs Mallappa S/O. Kallappa Bolagavi on 16 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:957
MFA No. 24502 of 2012
C/W MFA.CROB No. 100032 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24502 OF 2012 (MV-I)
C/W
MFA CROSS OBJ NO.100032 OF 2021
IN M. F. A. NO.24502 OF 2012
BETWEEN:
SRI. HUSSAIN S/O. MALLIK HAJARATBHAI,
AGE : 41 YEARS, OCC : BUSINESS,
R/O.CHANDANKUD, TALUK: GADHINGLAJ,
DIST :KOLHAPUR.
...APPELLANT
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE)
AND:
1. SMT. KASTURI W/O. MAHADEV KASARKAR,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DIST: BELAGAVI.
Digitally
signed by
SAMREEN 2. SMT. GUNAVANTA D/O. MADADEV KESARKAR,
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
AGE : 34 YEARS, OCC : AGRICULTURE,
2024.02.07
12:51:46
+0530
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DIST: BELAGAVI.
3. SRI. VISHNU S/O MAHADEV KESARKAR,
AGE : 37 YEARS, OCC : AGRICULTURE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DIST: BELAGAVI.
4. SRI. MARUTI S/O. MAHADEV KESARKAR,
AGE : 32 YEARS, OCC : AGRICULTURE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DIST: BELAGAVI.
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MFA No. 24502 of 2012
C/W MFA.CROB No. 100032 of 2021
5. SRI. MALLAPPA S/O. KALLAPPA BOLADAVI,
AGE : MAJOR(CORRECT AGE NOT KNOWN)
OCC : DRIVER/BUSINESS,
R/O. CHANDANKUD, TALUK : GADHINGLAJ,
DIST : KOLHAPUR.
6. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD.,
MADIWALE ARCADE, CLUB ROAD,
BELAGAVI-590001.
...RESPONDENTS
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1-R4;
SMT. NAGARATNA, ADVOCATE FOR
SRI. M.Y. KATAGI, ADVOCATE FOR R6)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED: 22-11-2010 PASSED IN MVC NO.38/2010 ON THE
FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV AND
MEMBER, MACT, BELAGAVI, AWARDING THE COMPENSATION OF
RS.1,94,000/- WITH INTEREST AT THE RATE OF 6% P.A., FROM THE
DATE OF PETITION TILL THE DATE OF ACTUAL DEPOSIT.
IN MFA CROSS OBJ NO.100032 OF 2021
BETWEEN:
1. SMT. KASTURI W/O. MAHADEV KESARKAR,
AGED ABOUT 65 YEARS, OCC: HOUSEWIFE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DISTRICT: BELAGAVI.
2. SMT. GUNAVANTA D/O. MADADEV KESARKAR,
AGED ABOUT 42 YEARS, OCC : AGRICULTURE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DISTRICT: BELAGAVI.
3. SRI. VISHNU S/O. MAHADEV KESARKAR,
AGED ABOUT 45 YEARS, OCC : AGRICULTURE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DISTRICT: BELAGAVI.
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MFA No. 24502 of 2012
C/W MFA.CROB No. 100032 of 2021
4. SRI. MARUTI S/O. MAHADEV KESARKAR,
AGED ABOUT 40 YEARS, OCC : AGRICULTURE,
R/O. MANAGUTTI, TALUK: HUKKERI-591309,
DIST: BELAGAVI.
...CROSS OBJECTORS
(BY SMT. SOUBHAGYA VAKKUND, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. SRI. MALLAPPA S/O. KALLAPPA BOLAGAVI,
AGE : MAJOR, OCC : DRIVER/BUSINESS,
R/O. CHANDANKUD, TALUK: GADHINGLAJ-543501,
DISTEICT: KOLHAPUR.
2. SRI. HUSSAIN S/O. MALLIK HAJARATBHAI,
AGE : MAJOR, OCC : BUSINESS,
R/O. ULLAGADDI-KHANAPUR,
TALUK: HUKKERI-591309, DISTRICT: BELAGAVI.
(OWNER OF MH-09/G-2097)
3. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
MADIWALE ARCADE CLUB ROAD, BELAGAVI-590001.
(POLICY VALID FROM 21.06.2008 TO 23.06.2009)
(POLICY NO 422502/31/2009/970)
...RESPONDENTS
(BY SRI. MADANMOHAN M.KHANNUR, ADVOCATE FOR R2;
SMT. NAGARATNA, ADVOCATE FOR
SRI. M.Y. KATAGI, ADVOCATE FOR R3;
R1 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.24502/2012 IS FILED UNDER
SECTION ORDER 41 RULE 22 OF CPC., READ WITH SECTION 173(1)
OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:
22-11-2010 PASSED IN MVC NO.38/2010 ON THE FILE OF THE FAST
TRACK IV AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PATRLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL AND MFA.CROB,
COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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MFA No. 24502 of 2012
C/W MFA.CROB No. 100032 of 2021
JUDGMENT
Heard learned counsel Sri.Madanmohan M. Kannur,
Smt.Sowbhagya Vakkund representing Sri.Y.Lakshmikant
Reddy and Smt.Nagaratna representing Sri.M.Y.Katagi.
2. These two matters are filed challenging the validity of
the judgment and award passed in MVC No.38/2010 dated
22.11.2010 by the Fast track IV and MACT, Belagavi.
3. MFA No.24502/2012 is filed by the owner of the
offending vehicle challenging its liability to pay adjudged
compensation, whereas claimant has filed cross objection
seeking enhancement of compensation.
4. Facts in brief which are utmost necessary for disposal
of these matters are as under:
4.1 In respect of road traffic accident that occurred on
13.04.2009 at about 10.30 a.m. involving Tempo trax
bearing No.MH-09/G-2097 near M.S.E.B. Office near
Halkarni on Halkarni-Khanapur road, Mahadev Kesarkar
NC: 2024:KHC-D:957
C/W MFA.CROB No. 100032 of 2021
Died. Claimants being the dependents laid a claim in MVC
No.38/2010.
4.2 Tribunal after raising necessary issues and considering
the oral and documentary evidence on record, allowed the
claim petition in a sum of Rs.1,94,000/- with interest at
6% p.a. from the date of petition till realization.
5. Admittedly, the claim petition was filed under Section
163-A of MV Act.
6. Tribunal while considering the personal expenses
deducted ¼ whereas four claimants are there but it ought
to have taken 1/3 towards personal expenses as against
1/4 deduction. Accordingly, case is made out by the
appellant-owner for reduction of the compensation.
7. Hence, the claimants would be entitled to sum of
Rs.1,42,830/- as under:-
Sl.No. Name of heads Amount(Rs.)
1 Loss of dependency 1,33,330-00
(Rs.40,000-13,333(1/3rd
deduction)=26,666X5
2 Consortium 5,000-00
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C/W MFA.CROB No. 100032 of 2021
3 Funeral expenses 2,000-00
4 Loss of estate 2,500-00
Total 1,42,830-00
8. For the foregoing discussion, the following :
ORDER
i) Appeal filed by the insurance company is
allowed in part.
ii) As against Rs.1,94,000/- awarded by the
tribunal claimants would be entitled for
Rs.1,42,813 with interest at 6% p.a. from the
date of petition till realization.
iii) Resultantly, cross objection in MFA Crob
No.100032/2021 is dismissed.
iv) Amount in deposit if any, be transmitted to
the tribunal for disbursement in accordance with
law.
v) Balance amount to be deposited with in a
period of four weeks from today by the insurance
company.
Sd/-
JUDGE
HMB, CT: UMD
