Karnataka High Court
The Authorized Signatory vs Rehanabanusab W/O Abdul Zabbar @ Zabbar ... on 3 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:94
MFA.CROB No. 100087 of 2016
C/W MFA No. 102265 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO. 100087 OF 2016 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102265 OF 2014
IN MFA CROSS OBJ NO. 100087 OF 2016 (MV-D)
BETWEEN:
1. SMT. REHANABANUSAB
W/O. ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:38 YEARS, OCC:HOUSEHOLD WORKS,
2. KUMAR. AMIR
S/O ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:17 YEARS, OCC:STUDENT,
3. KUMAR VAZIR
S/O. ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:15 YEARS, OCC:STUDENT,
Digitally SINCE CROSS OBJECTORS NO.2
signed by
BHARATHI H AND 3 ARE MINORS,
BHARATHI M
R/BY THEIR M/G NATURAL MOTHER,
HM Date:
2024.01.22
16:29:53
CROSS OBJECTOR NO.1.
+0530
ALL ARE R/O LANDAKANAHALLI,
TQ:SIRSI, DIST:KARWAR,
NOW AT AKKI-ALUR, TQ:HANGAL,
DIST: HAVERI.
...CROSS OBJECTORS
(BY SRI. HARISH S.MAIGUR, ADVOCATE)
AND:
1. SRI. MUNAFSAB
S/O MOHAMMADSAB,
AGE:MAJOR, OCC:BUSINESS,
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NC: 2024:KHC-D:94
MFA.CROB No. 100087 of 2016
C/W MFA No. 102265 of 2014
R/O: LANDAKANAHALLI, TQ:SIRSI,
DIST:KARWAR.
2. THE AUTHORIZED SIGNATORY,
THE RELIANCE GENERAL INSURANCE CO. LTD.,
BRANCH OFFICE, CTS #172/171, V.A.KALBURGI
SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI.
3. SRI. SUBRAYA L.BHAT,
AGE:MAJOR, OCC:BUSINESS,
R/O. C/O MUNAFSAB S/O MOHAMMADSAB,
LANDAKANAHALLI, TQ:SIRSI,
DIST:KARWAR.
...RESPONDENTS
(BY SRI. C.S. NAGASHETTI, ADVOCATE FOR R1;
SMT. ANUSHA SANGAMI, ADVOCATE FOR
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
R3 SERVED)
THIS MFA. CROB IN MFA NO.102265/2014 FILED UNDER
ORDER XLI RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908, R/W
SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 16.06.2014 PASSED IN MVC NO.80/2013 ON THE FILE OF
THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAMS TRIBUNAL,
HANGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. NO. 102265 OF 2014
BETWEEN:
1. SMT. REHANABANUSAB
W/O. ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:38 YEARS, OCC:HOUSEHOLD WORKS,
2. KUMAR. AMIR
S/O ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:17 YEARS, OCC:STUDENT,
3. KUMAR VAZIR
S/O. ABDUL ZABBAR @ ZABBAR SHEKH,
AGE:15 YEARS, OCC:STUDENT,
SINCE CROSS OBJECTORS NO.2
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NC: 2024:KHC-D:94
MFA.CROB No. 100087 of 2016
C/W MFA No. 102265 of 2014
AND 3 ARE MINORS,
R/BY THEIR M/G NATURAL MOTHER,
CROSS OBJECTOR NO.1.
ALL ARE R/O LANDAKANAHALLI,
TQ:SIRSI, DIST:KARWAR,
NOW AT AKKI-ALUR, TQ:HANGAL,
DIST: HAVERI.
...APPELLANTS
(BY SMT. ANUSHA SANGAMI, ADVOCATE FOR
SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. SRI. MUNAFSAB
S/O MOHAMMADSAB,
AGE:MAJOR, OCC:BUSINESS,
R/O: LANDAKANAHALLI, TQ:SIRSI,
DIST:KARWAR.
2. THE AUTHORIZED SIGNATORY,
THE RELIANCE GENERAL INSURANCE CO. LTD.,
BRANCH OFFICE, CTS #172/171, V.A.KALBURGI
SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI.
3. SRI. SUBRAYA L.BHAT,
AGE:MAJOR, OCC:BUSINESS,
R/O. C/O MUNAFSAB S/O MOHAMMADSAB,
LANDAKANAHALLI, TQ:SIRSI,
DIST:KARWAR.
...RESPONDENTS
(BY SRI. C.V. ANGADI, ADVOCATE FOR R1-R3;
R2-R3 ARE MINORS REP. BY R1;
SRI. C.S. NAGASHETTI, ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT 1988, AGAINST JUDGMENT AND AWARD
DATED 16.06.2014, PASSED IN MVC NO.80/2013 ON THE FILE OF
THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, AT HANGAL,
AWARDING THE COMPENSATION OF RS.11,68,000/- WITH INTEREST
AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.
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NC: 2024:KHC-D:94
MFA.CROB No. 100087 of 2016
C/W MFA No. 102265 of 2014
THESE MFA. CROB AND MISCELLANEOUS FIRST APPEAL,
COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
JUDGMENT
Heard Sri.Harish S.Maigur for claimants and
Smt.Anusha Sangami on behalf of Sri.S.K.Kayakmath for
respondent No.2 insurance company.
2. Appeal and cross objection arise out of the judgment
and award passed in MVC No.80/2013 dated 16.06.2014
on the file of the MACT, Hangal.
3. A claim petition came to be filed under Section 166
of MV act in respect of the road traffic accident occurred
on 22.03.2013 at about 8.30 am involving the goods lorry
bearing No.MEZ-4337.
4. The claim of the claimants was resisted by the
insurance company by filing the detailed written
statement.
5. Tribunal after raising necessary issues considering
the oral and documentary evidence on record, allowed the
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compensation in a sum of Rs.11,68,600/- and fastened the
liability on the insurance company.
6. Being aggrieved by the same, insurance company
filed an appeal stating that vehicle involved was
transferred and policy was not transferred in the name of
the transferee of the vehicle. Therefore, insurance
company is not liable to pay the compensation.
7. Interalia, insurance company also challenged the
quantum of compensation as additional ground in the
appeal.
8. Miss.Anusha Sangami, learned cousnel representing
the Sri.S.K.Kayakmath for insurance company vehemently
contended that the tribunal erred in not properly
appreciating the material evidence on record and granted
excess compensation to the claimants and also erred in
fastening the liability on the insurance company.
9. Per contra, Sri.Harish S. Maigur, counsel
representing the claimants contended that in view of the
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judgment of the Hon'ble Apex Court, in the case of
Pushpa @ Leela and others Vs. Shakuntala and
others reported in Civil appeal No.6924/2005, even
in the absence of transfer of policy in the name of
transferee, liability of the insurance company cannot be
absolved and mere transfer of the vehicle would not
automatically cancel the policy and liability of the
insurance company continues even after the transfer of
the vehicle in question so long as policy is valid and is in
force and sought for dismissal of the appeal filed by the
insurance company.
10. He further contended that the trial court erred in not
properly assessing the compensation by taking monthly
income in a sum of Rs.6,000/- per month for the
accidental claim of the year 2013. Same should have been
a minimum of Rs.7,000/- and also tribunal has not
considered the future prospects and loss of consortium in
a proper manner and therefore, sought for enhancement
of compensation.
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11. In the light of the rival contentions of the parties,
this court perused the material on record meticulously. On
such perusal of the material on record, it is seen that
accident is not in dispute so also death of the Abdul
Jabbar, aged 43 years is not in dispute.
12. By following the dictum of the Hon'ble Apex Court in
the case of Pushpa @ Leela and others (supra),
Insurance company cannot take contention that non-
transfer of the policy gets the liability of the insurance
company absolved. Therefore, appeal filed by the
insurance company needs to be rejected.
13. Insofar as quantum of compensation is concerned, in
the absence of formal proof being placed on record as to
the income of the deceased for the accidental death in the
year 2013. This court would usually consider Rs.7,000/- as
notional monthly income. Having regard to the fact that
the deceased was aged 43 years, he is entitled for future
prospects at 25%, 1/3 is to be deducted because claimant
was married. Therefore, compensation needs to be re-
NC: 2024:KHC-D:94
assessed in a sum of Rs.9,80,000/- (Rs.7,000+1750/-
(25% of Rs.7,000/-)X2/3X14X12) as against sum of
Rs.8,73,600/-.
14. Insofar as conventional heads are concerned, a sum
of Rs.70,000/- is awarded and towards loss of love and
affection Rs.80,000/- . Rs.1,70,000/- is to be paid towards
medical expenses. Thus, claimants are entitled for
compensation as under:
Sl.No. Name of heads Amount(Rs.)
1 Conventional heads 70,000-00
2 Loss of love and affection 80,000-00
3 Medical expenses 1,70,000-00
4 Loss of dependency 9,80,000-00
Total 13,00,000-00
15. Accordingly, against Rs.11,68,600-00, the claimants
would be entitled to Rs.13,00,000-00 with interest at 6%
per annum.
16. In view of the foregoing discussions, the following:
ORDER
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i) Appeal filed by the insurance company in MFA
No.102265/2014 is hereby dismissed.
ii) MFA Crob. No.100087/2016 filed by cross
objectors is allowed in part.
iii) As against the sum of Rs.11,68,600/- the
claimants would be entitled for Rs.13,00,112/-
with interest at 6% p.a.
iv) The apportionment and deposit is as per trial
court judgment and award.
v) Amount in deposit is ordered to be
transmitted to the tribunal for disbursement.
vi) Balance amount is to be deposited by the
insurance company within a period of eight
weeks.
Sd/-
JUDGE
HMB
