Karnataka High Court
Smt. Ratna Alias Ratnavva vs Shri. Sakharamgouda S/O Kanna on 5 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:314
MFA No. 100763 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100763 OF 2022
(MV-D)
BETWEEN:
1. SMT. RATNA @ RATNAVVA
W/O SHANKAR GOTAGODI,
AGE. 38 YEARS, OCC. HOUSEHOLD WORK.
2. KUMARI: TANUJA
D/O. SHANKAR GOTAGODI,
AGE. 9 YEARS, OCC. STUDENT.
3. KUMARI PRIYA
D/O. SHANKAR GOTAGODI,
AGE. 7 YEARS, OCC. STUDENT.
4. KUMARI ROHINI
D/O. SHANKAR GOTAGODI
AGE. 5 YEARS, OCC. STUDENT,
ALL ARE R/O NAGANUR,
Digitally
signed by NOW AT VINDYANAGAR,
BHARATHI H
BHARATHI M TQ AND DIST. HAVERI-581110
HM Date:
2024.01.22
15:05:00 ...APPELLANTS
+0530
(BY SRI. B.M.PATIL, ADVOCATE)
AND:
1. SHRI. SAKHARAMGOUDA S/O. KANNA,
AGE. MAJOR, OCC. BUSINESS,
R/O. HALLIKOPPA-581358
TQ. SIRSI, DT. UTTAR KANNADA.
(OWNER OF THE TRACTOR BEARING CHASSI NO.
IPY5045DVJA049019 ENGINE. NO. PY3029D459153)
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NC: 2024:KHC-D:314
MFA No. 100763 of 2022
2. THE DIVISIONAL MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE CO. LTD,
SKD HEIGHTS, HUBBALLI-580020.
POLICY COVER NOTE. NO.MCNO115753
PERIOD FROM 31-03-2018 TO 30-03-2019
3. SHRI. BASAVARAJ BIDARKOPPA,
AGE. MAJOR, OCC. BUSINESS,
R/O. GOTAGODIKOPPA-581346.
TQ. MUNDAGOAD, DT. UTTAR KANNADA.
(OWNER OF TRAILER REG NO.KA-31/3477)
4. THE AUTHORIZED SIGNATORY,
SBI GENERAL INSURANCE CO.LTD,
2ND FLOOR, KARBURGI HALL MARIK,
DESAI CROSS, DESHAPANDE NAGAR,
TQ. HUBBALLI-580023,
DIST. DHARWAD.
POLICY NO. 00000000008697878
PERIOD FROM 22-03-2018 TO 21-03-2019
...RESPONDENTS
(BY SRI. SANTOSH L.LINGANAGOUDAR, ADVOCATE FOR R1 AND R3;
SRI. G.N. RAICHUR, ADVOCATE FOR R2;
SRI. SUBHASH J.BADDI, ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 03.01.2020 PASSED IN MVC
NO.1022/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:314
MFA No. 100763 of 2022
JUDGMENT
Heard Sri.B.M.Patil, learned counsel for the
appellants, Sri.G.N.Raichur and Sri.Subhash J Baddi,
learned counsels for the respondents.
2. The present appeal is directed against the
judgment and award passed in MVC No.1022/2018 dated
03.01.2020 on the file of Additional Senior Civil Judge and
Motor Accident Claims Tribunal, Haveri.
3. Facts in brief which are utmost necessary for
disposal of this case are as under:
3.1 In respect of a road traffic accident occurred on
27.04.2018, the claimants have filed a claim petition in
MVC No.1022/2018 contending that Shankar died in a
road traffic accident involving loaded tractor bearing chassi
No.IPY5045DVJA04-9019, Engine No.PY3029D459153 and
trailer bearing No.KA-31/3477 on Mundagod-Sirsi road.
3.2 The claim petition was resisted by filing
necessary written statement. The tractor and trailer were
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insured with insurance companies namely Royal Sundaram
General Insurance Company and SBI General Insurance
Company.
3.3 The Tribunal after raising necessary issues and
considering the oral and documentary evidence on record,
allowed the claim petition in part and granted
compensation in a sum of Rs.13,30,000/- with interest at
6% per annum and also fastened liability on the Insurance
Company of the tractor and trailer in the ratio of 50%
each.
4. Being agreed by awarding meager
compensation, the claimants have preferred the present
appeal.
5. Sri.B.M.Patil, learned counsel for the appellants
reiterating the grounds urged in the appeal memorandum,
contended that the Tribunal has failed to take into
consideration the monthly income of the deceased in a
proper manner and Tribunal ought to have considered
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Rs.11,750/- as notional monthly income for the accidental
death of the Year 2018.
6. He also contended that future prospects is to be
considered at the rate of 25% having regard to the age of
the deceased being 45 years. He further contended that
on account of filial affection, the Tribunal has not granted
proper compensation following the dictum of the Hon'ble
Apex Court in the case of United India Insurance
Company Limited vs. Satinder Kaur alias Satwinder
Kaur and Others reported in AIR 2020 SC 3076 and
Magma General Insurance Company Limited vs.
Nanu Ram and Others reported in 2018 ACJ 2782.
7. He further contended that improper
compensation is awarded on account of loss of estate and
funeral expenses and thus, sought for enhancement of
compensation.
8. Sri.Subhash J Baddi and Sri.G.N.Raichur,
learned counsels representing the insurance companies
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opposed the contentions urged on behalf of the appellants
- claimants.
9. In the light of the arguments put forward by the
parties, this Court perused the materials on record
meticulously. On such perusal of material on record, it is
not in dispute that Shankar died in a road traffic accident
involving tractor bearing chassi No.IPY5045DVJA04-9019,
Engine No.PY3029D459153 and trailer bearing No.KA-
31/3477.
10. It is not also in dispute that both the tractor
and trailer were insured and tractor was insured with
Royal Sundaram General Insurance Company and trailer
was insured with SBI General Insurance Company.
Further, the Tribunal in the absence of proper proof of
income, considered monthly notional income in a sum of
Rs.8,000/- as against Rs.11,750/- for the accidental death
of the Year 2018. Having regard to the number of
dependents, 1/4th of the income is to be deducted towards
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personal expenses of the deceased. Therefore, a case is
made out for enhancement of compensation.
11. Likewise, on account of filial affection, no
amount is awarded by the Tribunal and therefore a case is
made out for enhancement of compensation. Hence, the
quantum of compensation on the head of loss of
dependency is reassessed as under:
Rs.11,750 (income) + 25% (future prospects) x 12
(months) x 14 (multiplier) - 1/4th (deduction towards
personal expenses) = 18,50,625/-
12. Since there are four claimants, they are
entitled to Rs.40,000/- each towards loss of consortium.
Accordingly, Rs.1,60,000/- is payable on the said head.
13. Towards funeral expenses and loss of estate,
the claimants are entitled to Rs.30,000/-. In all, the
claimants are entitled to Rs.20,40,625/-.
14. In view of the foregoing discussion, the
following order is passed:
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ORDER
Appeal is allowed in part.
The impugned judgment and award stands modified
to the above extent. As against Rs.13,30,000/- awarded
by the Tribunal, the claimants are entitled to
Rs.20,40,625/- with interest at 6% per annum from the
date of petition till realisation.
Both the Insurance Companies of tractor and trailer
are bound to pay the compensation in the ratio of 50%
each.
Insurance Companies are granted four weeks time to
deposit the balance amount.
Apportionment and deposit is proportionately to be
made as per the award of the Tribunal.
Sd/-
JUDGE
