Karnataka High Court
N.Alkotappa S/O N.Rudrappa And Anr vs Ravi Kumar S/O Yallappa And Ors on 4 January, 2024
-1-
NC: 2024:KHC-K:163
MFA No. 200936 of 2017
C/W MFA No. 200838 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO. 200936 OF 2017 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200838 OF 2017(MV-D)
IN MFA NO. 200936/2017:
BETWEEN:
1. N. ALKOTAPPA S/O N.RUDRAPPA
AGE: 58 YEARS, OCC: GOVT. SERVANT
2. ANNAPURNA W/O N.ALKOTAPPA
AGE: 48 YEARS, OCC: HOUSEHOLD
BOTH R/O. PLOT NO.24, H.NO.11-366,
NEW RAGHAVENDRA COLONY,
KALABURAGI-585101.
Digitally signed ...APPELLANTS
by KHAJAAMEEN
L MALAGHAN
Location: High (BY SRI. BABU H. METAGUDDA, ADVOCATE)
Court of
Karnataka
AND:
1. RAVI KUMAR S/O YALLAPPA
AGE: MAJOR, OCC: GOLDSMITH
R/O. NAMASGIRI GUDDE,
SINDHNOOR ROAD MANVI,
DIST. RAICHUR-584101.
2. SANDESH DANIAL S/O D.J.SANJEEVRAO
AGE: MAJOR, R/O. AMBEDKAR NAGAR,
KANAKPUR ROAD MANVI,
DIST. RAICHUR-584101.
-2-
NC: 2024:KHC-K:163
MFA No. 200936 of 2017
C/W MFA No. 200838 of 2017
3. THE MANAGER
CHORAMANDAL M.S.GENERAL INSURANCE CO. LTD,
REGD. OFFICE DARE HOUSE, IIND FLOOR,
NSC BOSE ROAD
CHENNAI-60000.
...RESPONDENTS
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R3;
V/O DATED 27.07.2022 NOTICE TO R1 AND R2 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO A) CALL FOR RECRODS IN M.V.C.NO.297/2010 ON
THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MACT
AT KALABURAGI. B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED-7/1/2017 PASSED IN
M.V.C.NO.297/2010 BY THE III ADDL. SENIOR CIVIL JUDGE
AND MACT AT KALABURAGI, AND ENHANCING THE
COMPENSATION FROM RS.6,17,000/- WITH 6% INTEREST TO
RS.14,99,000/- WITH 12% INTEREST. C) ALLOW THIS APPEAL
AND DIRECT THE 3RD RESPONDENT INSURANCE COMPANY TO
PAY THE ENTIRE COMPENSATION TO THE
APPELLANTS/CLAIMANTS IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 200838/2017:
BETWEEN:
THE CHORAMANDAL GENERAL INSURANCE CO. LTD,
REGD. OFFICE DARE HOUSE, IIND FLOOR,
NSC BOSE ROAD, CHENNAI-60000.
NOW REPRESENTED THROUGH
MANAGER LEGAL CHOLAMANDALAM MS GEN.
INS.,CO. LTD., UNIT NO.4, 9TH FLOOR,
GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS,
INDUSTRIAL SUBURB, RAJAJI NAGAR, 4TH M BLOCK
BENGALORE-560010.
...APPELLANT
(BY SRI. MANJUNATH MALLAYYA SHETTY, ADVOCATE)
-3-
NC: 2024:KHC-K:163
MFA No. 200936 of 2017
C/W MFA No. 200838 of 2017
AND:
1. N. ALKOTAPPA S/O N.RUDRAPPA
AGE: 58 YEARS, OCC: GOVT. SERVANT
2. ANNAPURNA W/O N.ALKOTAPPA
AGE: 48 YEARS, OCC: HOUSEHOLD
BOTH R/O. PLOT NO.24, H.NO.11-366,
NEW RAGHAVENDRA COLONY,
KALABURAGI-585103.
3. RAVI KUMAR S/O YALLAPPA
AGE: MAJOR, OCC: GOLDSMITH
R/O. NAMASGIRI GUDDE,
SINDHNOOR ROAD, MANVI,
DIST. RAICHUR-585201.
4. SANDESH DANIAL S/O D.J.SANJEEVRAO
AGE: MAJOR, R/O. AMBEDKAR NAGAR,
KANAKPUR ROAD MANVI,
DIST. RAICHUR-585201.
...RESPONDENTS
(BY SRI. BABU H. METAGUDDA, ADV. FOR R1 AND R2;
R3 AND R4 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR RECRODS AND SET ASIE THE
JUDGMENT ANDAWARD DATED 07TH DAY OF JANUARY, 2017
PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT AT
KALABURAGI IN MVC NO.297/2010 AND TO MODIFY THE
COMPENSATION AWARDED AND TO PASS SUCH OTHER ORDER
OR ORDER AS THIS COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES FO THE CASE, INCLUDING THE COSTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-4-
NC: 2024:KHC-K:163
MFA No. 200936 of 2017
C/W MFA No. 200838 of 2017
JUDGMENT
Aggrieved by the award passed in MVC No.297/2010,
dated 07.01.2017, by III Additional Senior Civil Judge &
MACT, Kalaburagi, both the insurance company as well as
the claimant are before this Court. Claimant's appeal for
enhancement is numbered as MFA No.200936/2017 and
the appeal of the insurance company is numbered as MFA
200838/2017.
2. The claim petition is filed seeking compensation
of an amount of Rs.49,79,000/- for the death of the
deceased in the motor accident that took place on
04.08.2009. It is the case of the claimant that on
04.08.2009 when the deceased was proceeding on the
motor cycle, a cruiser jeep came in the opposite side in a
rash and negligent manner and dashed against the
deceased. In the accident the deceased sustained injuries
and was taken to hospital for treatment and during the
treatment he succumbed to the injuries. According to the
claimants, the deceased was working as Field Assistant
NC: 2024:KHC-K:163
and earning an amount of Rs.10,000/- per month. The
court below on the aspect of the negligence held that the
accident was a head on collusion and both the deceased as
well as the driver of the cruiser jeep were at fault and
apportioned negligence at 50%. When it comes to the
income as there was no evidence the court below had
taken an amount of Rs.4,000/- p.m. and granted
compensation under various heads as follows:
Heads Compensation
Awarded
1. Loss of Future Earning : Rs. 3,24,000/-
2. Pain and Suffering : Rs. 50,000/-
3. Attendant Charges : Rs. 25,000/-
4. Future Medical Expenses : Rs. 25,000/-
5. Medical Expenses : Rs. 1,00,000/-
: Rs. 5,24,000/-
3. Learned counsel appearing for the insurance
company submits that the claimant had come on right side
of the road and because of his negligence the accident had
happened and there is no negligence on the part of the
driver of the offending vehicle. The court below ought not
to have fastened the liability on the insurance company as
NC: 2024:KHC-K:163
there was no negligence on the part of the driver of the
offending vehicle. It is further submitted that initially a
case was registered against the deceased and a charge-
sheet was filed against the deceased for the offences
punishable under Sections-279, 337, 338 and 304(a) of
IPC. Thereafter, the father of the deceased had filed a
private complaint and basing on the said complaint, later
as per the orders of the court a crime was registered. It is
submitted that there is no negligence on the part of the
driver of the opposite vehicle.
4. Learned counsel appearing for the claimant
submits that the court below without any basis had
apportioned the negligence at 50% on the deceased. He
further submits that taking the income at Rs.4,000/- per
month is on the lower side. The court below had failed to
award compensation towards future prospects and other
compensation awarded was also not just and reasonable.
5. Having heard the learned counsels on either
side, perused the material on record. First coming to the
NC: 2024:KHC-K:163
aspect of negligence, in the present case, the accident is a
head on collusion. The court below had rightly observed
that even if the deceased was on the wrong side, had the
driver of the opposite vehicle was careful the accident
could have been avoided. Except stating that the deceased
was at fault no other evidence was adduced by the
insurance company. The court below had rightly
apportioned the negligence at 50% on both on the
deceased as well as the driver of the offending vehicle and
this Court finds no reasons to interfere with the same.
6. Then coming to the compensation this is an
accident of the year 2009, as per the chart prepared by
the Karnataka Legal Services Authority this court is taking
Rs.5,000/- as notional income, The deceased was aged 23
years old, 40% future prospects have to be added
towards loss of future prospects i.e., Rs.2,000/-
[5,000+2,000=7,000] and the deceased was a bachelor,
hence 50% of income is to be deducted towards personal
expenses. His contribution to the family would be i.e.,
NC: 2024:KHC-K:163
Rs.3,500. The claimants are entitled for an amount of
Rs.7,56,000/- (Rs.3,500 x 12 x 18) . Towards loss of
consortium the claimants are entitled for an amount of
Rs.96,000/- (Rs.48,000 x 2). Towards funeral expenses
the claimants are entitled for an amount of Rs.36,000/-
is awarded.
7. Further, in the light of the law laid down by
the Hon'ble Supreme Court in the case of V.MEKALA vs.
M. MALATHI AND ANOTHER1, the claimant is entitled
for an amount of Rs.10,000/- towards legal expenses.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Loss of Dependency : Rs. 7,56,000/-
2. Loss of Consortium : Rs. 96,000/-
3. Funeral Expenses : Rs. 36,000/-
4. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 8,98,000/-
50% of the Above : Rs. 4,49,000/-
(2014) 11 SCC 178
NC: 2024:KHC-K:163
9. Accordingly, the appeal of the insurance
company in MFA No.200838/2017 is Dismissed. The
appeal of the claimants in MFA No.200936/2017 is
allowed-in-part, enhancing the compensation amount
from Rs.6,17,000/- to Rs.8,98,000/-. As the negligence is
apportioned at 50% on the deceased, and 50% on the
driver of the offending vehicle, the claimants are entitled
for an amount of Rs.4,49,000/- (i.e., 50% of
Rs.8,98,000/-). The insurance company shall pay
Rs.4,49,000/-.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The respondents shall deposit the amount
within a period of eight weeks from the date of
receipt of copy of the judgment. On such
deposit, the claimants are entitled to withdraw
- 10 -
NC: 2024:KHC-K:163
the entire amount without furnishing any
security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) The amount in deposit shall be transmitted to
the Tribunal forthwith for disbursal.
v) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
Judge
JJ
