Karnataka High Court
Gopal S/O. Subray Pawaskar vs The Manager on 4 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:199
MFA No. 24845 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24845 OF 2012 (MV-D)
BETWEEN:
GOPAL S.PAWASKAR
SINCE DECEASED BY HIS LR'S
1. SEEMA D/O. GOPAL PAWASKAR
AGE: 43 YEARS, OCC: NIL,
R/O: POLICE HEAD QUARTERS,
KAJUBAG, KARWAR (U.K).
2. SMITA D/O. GOPAL PAWASKAR
AGE: 41 YEARS, OCC: NIL,
R/O: POLICE HEAD QUARTERS,
KAJUBAG, KARWAR (U.K).
3. SUBHASH S/O.GOPAL PAWASKAR,
SAROJA
HANGARAKI AGE: 38 YEARS, OCC: NIL,
Digitally signed by
R/O: POLICE HEAD QUARTERS,
SAROJA
HANGARAKI KAJUBAG, KARWAR (U.K).
Date: 2024.01.25
11:46:46 +0530
...APPELLANTS
(BY SRI. SANTOSH D.NARAGUND, ADVOCATE)
AND:
1. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
KAIKINI ROAD, KARWAR.
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MFA No. 24845 of 2012
2. SHASHIKANT R.TENDULKAR
OWNER OF MOTOR CYLCE BEARING
REG. KA-06/W, 9862,
R/O.TOLNAKA, AMADALLI,
TQ: KARWAR, DIST: KARWAR.
3. THE ORIENTAL INSURANCE CO. LTD.,
REPTD BY THE MANAGER,
BRANC OFFICE: 1289, KITTUR CHAMBERS,
MAIN ROAD, KARWAR, DIST: KARWAR.
4. DEEPAK S/O. GOPAL PAWASKAR
AGE: 40 YEARS, OCC: NIL,
R/O: POLICE HEAD QUARTERS,
KAJUBAG, KARWAR (U.K).
...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R1;
SMT. ARUNA R.DESHPANDE, ADVOCATE FOR R3;
R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT
AND AWARD DATED 22.08.2012 PASSED IN MVC NO.91/2011
ON THE FILE OF 1ST ADDL. M.A.C.T., KARWAR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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MFA No. 24845 of 2012
JUDGMENT
The present appeal is filed challenging the validity of
the judgment and award passed in MVC No.91/2011 dated
22.08.2012 on the file of 1st Addl. M.A.C.T, Karwar.
2. Brief facts which are necessary for disposal of the
appeal are as under:
3. Gopal Subray Pawaskar along with his four
children filed the claim petition claiming the compensation in
respect of death of wife of the 1st claimant in the road traffic
accident dated 01.05.2011.
4. The claim petition initially came to be filed under
Section 166 of the Motor Vehicles Act, 1988. The said claim
petition on contest came to be dismissed. The appellant has
now sought for conversion of claim petition to Section 163(A)
of the Motor Vehicles Act, 1988. After hearing the parties,
same is permitted.
5. Appellant No.4 - Deepak Gopal Pawaskar, who is
the R.C. owner of the vehicle in question was permitted to be
transposed as respondent No.4 in the appeal.
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6. Having heard the arguments of the learned
counsel, Sri. Santosh D. Naragund and learned counsel
Sri. M K. Soudagar and taking note of the fact that the
appellants were seeking to convert the claim petition from
Section 166 to 163(A), no other issue need to be established
by the claimants except the fact that on account of death of
Smt. Geeta Pawaskar, the appellants are entitled for
compensation as per the statute.
7. Two vehicles were involved in the accident which
are the motor cycles bearing registration Nos.KA-06/W-9862
and KA-30/L-5295.
8. Taking note of the fact that both the vehicles
were duly insured. The appellant has presented the
following memo of calculation:
"Memo of calculation
Petition under Section 163-A of the M.V Act in
view of the I.A allowed for conversion from 166 to
163-A of the M.V Act on 02.01.2024. Petition was
dismissed by the MACT though holding that the
claimants would have been entitled to
Rs.2,62,000/-.
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Now compensation to be considered
Age of the Deceased : 58 years,
Relevant multiplier applicable : 9
Income to be considered : Rs.3,000/- PM
Deductions to be made : 1/3rd of reckoned
income
Loss of dependency of the claimants
Rs.2,000/-X12X9= Rs.2,16,000/-
Compensation under conventional heads
Funeral expenses : Rs.2,000/-
Loss of estate : Rs.2,500/-
Rs.2,20,500/-
Interest at 6% from the date of petition
i.e. from 30/07/2011
Liability
To be apportioned 50% each against the
owners and the insurers of the both the vehicles to
be indemnified by the insurer United India
Insurance Co. Ltd., the alleged offending motor
cycle No.KA-06/WE-9862 and the Oriental
Insurance Co. Ltd., since the deceased was pillion
rider on the motor cycle bearing No.KA-30/L-5295
insured under Package Policy."
9. Copy of the said memo of calculation is
furnished to the learned counsel Sri. M K. Soudagar who
represents the United India Insurance Company Ltd.
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10. He submits that the learned counsel
Smt. Aruna R. Deshpande represents respondent No.4 who
is the Insurance Company of another vehicle involved in the
accident.
11. The memo of calculation is perused by this Court.
Memo of calculation is as per the statute.
12. Accordingly, the claim petition needs to be
allowed by granting a sum of Rs.2,20,500/- with the interest
at the rate of 6% per annum from 30.07.2011 till the date of
recovery.
13. Accordingly, the following order is passed:
ORDER
a) Appeal is allowed.
b) The impugned judgment and award in MVC
No.91/2011, dated 22.08.2012 is hereby set aside.
c) Claim petition is allowed in a sum of
Rs.2,20,500/- with interest at the rate of 6% per
annum from 30.07.2011 till the date of recovery.
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d) The compensation amount of Rs.2,20,500/-
is to be paid by the Insurance Company i.e., the
1st respondent and 4th respondent in the ratio of
50% each.
e) Four weeks time is granted for Insurance
Company to deposit the compensation amount.
Sd/-
JUDGE
PMP
