Karnataka High Court
The Divisional Manager vs Shilpa D/O. Late. N. Prakash on 3 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:110
MFA No.20503 of 2012
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 20503 OF 2012 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 20504 OF 2012
MFA CROSS OBJ NO. 100005 OF 2021
MFA CROSS OBJ NO. 100006 OF 2021
IN M.F. A. NO. 20503 OF 2012:
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARY, REP. BY ITS, REGIONAL OFFICE
2ND FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET, HUBLI,
ASSISTANT MANAGER.
...APPELLANT
(BY SRI. S.S. KOLIWAD, ADVOCATE)
Digitally
signed by AND:
BHARATHI
BHARATHI H M
HM Date: SMT. SHILPA
2024.01.11
11:37:29 D/O. LT.N. PRAKASH,
+0530 AGE: 26 YEARS, OCC: HOUSE WIFE,
R/O. PARVATHI NAGAR, 3RD CROSS,
BELLARY.
...RESPONDENT
(BY SRI. J.M. ANILKUMAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 08.09.2011 PASSED IN MVC.NO.254/2011 ON THE
FILE OF THE MEMBER MACT-II, BELLARY, AWARDING
COMPENSATION OF RS.3,39,000/- WITH COST AND INTEREST AT
-2-
NC: 2024:KHC-D:110
MFA No.20503 of 2012
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
6% FROM THE DATE OF PETITIONS TILL DATE OF DEPOSIT IN
COURT AGAINST RESPONDENT NO.1 TO 3.
IN M.F. A. NO. 20504 OF 2012:
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARY, REP. BY ITS
THE NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
2ND FLOOR, SRINATH COMPLEX,
NEW COTTON MARKET, HUBLI,
ASSISTANT MANAGER.
...APPELLANT
(BY SRI. S.S. KOLIWAD, ADVOCATE)
AND:
G.MANJUNATH
S/O. G.SHAMBULINGAPPA,
AGE: 41 YEARS, OCC: EMPLOYEE AT J.V.S.L.
R/O. SHASTRI NAGAR, 1ST CROSS,
BELLARY.
...RESPONDENT
(BY SRI. J.M. ANILKUMAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 08.09.2011 PASSED IN MVC.NO.253/2011 ON THE
FILE OF THE MEMBER MACT-II, BELLARY, AWARDING
COMPENSATION OF RS.1,74,000/- WITH COST AND INTEREST AT
6% FROM THE DATE OF PETITIONS TILL DATE OF DEPOSIT IN
COURT AGAINST RESPONDENT NO.1 TO 3.
IN MFA CROSS OBJ NO. 100005 OF 2021:
BETWEEN:
SMT. SHILPA,
W/O. LATE N. PRAKASH,
AGE: 34 YEARS, OCC: HOUSEHOLD WIFE,
R/O. PARVATHI NAGAR, 3RD CROSS,
BALLARI, DIST: BALLARI-583101.
-3-
NC: 2024:KHC-D:110
MFA No.20503 of 2012
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
...CROSS OBJECTOR
(BY SRI. J.M. ANILKUMAR, ADVOCATE)
AND:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARI-5831038.
...RESPONDENT
(BY SRI. S.S. KOLIWAD, ADVOCATE)
THIS MFA. CROB IN MFA NO. 20503/2012 IS FILED UNDER
ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908, R/W
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 08.09.2011 PASSED IN MVC.NO.254/2011 ON THE FILE OF
THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA CROSS OBJ NO.100006 OF 2021:
BETWEEN:
SRI. G. MANJUNATH,
S/O. SHAMBULINGAPPA,
AGE: 49 YEARS, OCC: EMPLOYEE,
R/O. SHASTRI NAGAR, 1ST CROSS,
BALLARI, DIST: BALLARI-583101.
...CROSS OBJECTOR
(BY SRI. J.M. ANILKUMAR, ADVOCATE)
AND:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARI-583103.
...RESPONDENT
(BY SRI. S.S. KOLIWAD, ADVOCATE)
THIS MFA. CROB IN MFA NO. 20504/2012 IS FILED UNDER
ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908, R/W
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 08.09.2011 PASSED IN MVC.NO.253/2011 ON THE FILE OF
-4-
NC: 2024:KHC-D:110
MFA No.20503 of 2012
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS AND MFA CROSS
OBJ'S COMING ON FOR ADMISSION, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Though the matters are listed for admission, by consent
of parties, these matters are taken up for final disposal.
2. The present appeals are directed against the
judgment and award passed in MVC Nos. 253, 254 and 256 of
2011 on the file of Motor Accident Claims Tribunal - II, Bellari
dated 08.09.2011.
3. The accident in question said to have been occurred
on 03.09.2004 at 7.45 a.m., involving Scorpio jeep bearing
registration No.KA-05/MF-4689 and Tata sumo bearing No.KA-
25/M-9333.
4. In MFA No.20503/2012 which is arising out of the
judgment and award passed in MVC No.254/2011, there is a
death of a female who is the mother of the claimant being the
only daughter of deceased. Since the claimant is married
daughter and having no dependency on the deceased, the Trial
NC: 2024:KHC-D:110
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
Court ought not to have granted the compensation in a sum of
Rs.3,39,000/- as only head that the claimant would be entitled
to seek for the compensation loss of estate and funeral
expenses. Therefore, the compensation needs to be reduced
from Rs.3,39,000/-.
5. Further as against Rs.3,39,000/-, the claimant in
MVC No.254/2011 would be entitled to a sum of Rs.1,50,000/-
which would comprise 25% of the earnings of the deceased
even though she is not dependent on deceased. Therefore, the
appeal needs to be modified to that effect.
6. Insofar as MFA No.20504/2012 is concerned, the
same is filed against the validity of the judgment and award
passed in MVC No.253/2011 arising out of the same accident.
7. In the said case, the amount of compensation
awarded is Rs.1,74,000/-. In the said case, the claimant
continued to work in the same place even after the accident
and therefore, loss of future prospects needs to be deducted
from the quantum of compensation assessed by the Tribunal.
8. Taking note of the fact that due to accidental
injuries, the petitioner has suffered to some extent and also the
income needs to be re-assessed, therefore by adopting a
NC: 2024:KHC-D:110
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
pragmatic approach in assessing the compensation, if the
quantum of compensation is re-assessed to Rs.1,50,000/- as
against Rs.1,74,000/- ordered by the Tribunal would meet the
ends of justice.
9. Insofar as MFA Cross Objection Nos.100005/2021
and 100006/2021 are concerned, in view of the findings
already recorded in the aforesaid appeals, the cross objections
needs to be rejected.
10. Accordingly, the following order is passed:
ORDER
(i) MFA No.20503/2012 is allowed in part.
(ii) As against Rs.3,39,000/-, the claimant
would be entitled to a sum of Rs.1,50,000/- with
interest at the rate of 6% per annum from the date
of petition till its realization.
(iii) MFA No.20504/2012 is also allowed in
part.
(iv) As against Rs.1,74,000/-, the claimant
would be entitled to a sum of Rs.1,50,000/- with
NC: 2024:KHC-D:110
C/W MFA No.20504 of 2012,
MFA.CROB No.100005 of 2021,
and MFA.CROB No.100006 of 2021
interest at the rate of 6% per annum from the date
of petition till its realization
(v) MFA Cross Objection Nos.100005/2021
and 100006/2021 are hereby dismissed.
(vi) Amount in deposit is ordered to transmit
to the Tribunal for disbursement in accordance with
law.
Sd/-
JUDGE
SMM
