Karnataka High Court

Smt.Irene W/O Sunikumar Roy vs Chandrappa S/O Fakkirappa Sutagatti on 10 January, 2024

Author: V.Srishananda

Bench: V.Srishananda

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                                                           NC: 2024:KHC-D:623
                                                          MFA No. 101530 of 2019
                                                      C/W MFA No. 101529 of 2019



                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 10TH DAY OF JANUARY, 2024
                                                 BEFORE
                               THE HON'BLE MR JUSTICE V.SRISHANANDA
                        MISCELLANEOUS FIRST APPEAL NO.101530 OF 2019 (MV-D)
                                               C/W
                           MISCELLANEOUS FIRST APPEAL NO.101529 OF 2019

                       IN M. F. A. NO.101530 OF 2019:
                       BETWEEN:

                       1.   SMT.VERTIKA D/O SUNILKUMAR ROY,
                            @ VERTIKA W/O RAVI PERMAL
                            AGE: 38 YEARS, OCC: HOUSEHOLD,
                            R/O: FLAT NO.C-20, GALAXY HIEGHTS,
                            LINK ROAD, GOREGAON (W) MUMBAI-400024.

                       2.   SMT. IRENE W/O SUNILKUMAR ROY,
                            AGE: 62 YEARS, OCC: HOUSEHOLD,
                            R/O : FLAT NO. C-20, GALAXY HIEGHTS,
                            LINK ROAD, GOREGAON (W), MUMBAI-400024.

                                                                      ...APPELLANTS
                       (BY SRI. H.M. DHARIGOND, ADVOCATE)

                       AND:
          Digitally
          signed by
          SAROJA
SAROJA    HANGARAKI
HANGARAKI Date:
          2024.01.25
                       1.   CHANDRAPPA S/O. FAKKIRAPPA SUTAGATTI,
          11:47:43
          +0530             AGE: 40 YEARS, OCC: DRIVER,
                            R/O: RAMNAL, TALUK: KALAGHATAGI,
                            DISTRICT: DHARWAD.

                       2.   SHETAVAPPA S/O PEERAPPA DODAMANI,
                            AGE: 57 YEARS, OCC: OWNER OF THE TRUCK TIPPER,
                            R/O: RAMNAL, TALUK: KALAGHATAGI,
                            DISTRICT: DHARWAD.

                       3.   CHOLAMANDALAM MS GENERAL INSURANCE,
                            COMPANY LTD., 1ST FLOOR, KALBURGI MANSIONS,
                            DESHPANDE NAGAR, HUBBALLI,
                            DISTRICT: DHARWAD.
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                                     NC: 2024:KHC-D:623
                                    MFA No. 101530 of 2019
                                C/W MFA No. 101529 of 2019




4.    RAVI S/O PRABHUDAS PIRMAL,
      AGE: 42 YEARS, OCC: OWNER CUM DRIVER,
      R/O: 71/10, NEHRU NAGAR, KULRA(E), MUMBAI-400024.

5.    TATA AIG GENERAL INSURANCE COMPANY LTD.,
      15TH FLOOR, TOWER A, PENINSULA BUSINESS PARK,
      GANAPATRAO KADAM MARG, OFFICE: SENAPATI,
      BAPAT MAR, LOWER PAREL, MUMBAI-400013.
                                              ...RESPONDENTS

(BY    SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
       R1, R4 SERVED;
       SRI. SUBHASH J. BADDI, ADVOCATE FOR R5;
       R2 HELD SUFFICIENT)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 11.01.2019 PASSED IN MVC
NO.408/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, KALAGHATAGI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

IN M. F. A. NO.101529 OF 2019:

BETWEEN:

SMT. IRENE W/O. SUNILKUMAR ROY,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O : FLAT NO. C-20, GALAXY HIEGHTS,
LINK ROAD, GOREGAON (W), MUMBAI-400024.

                                                 ...APPELLANT
(BY SRI. H.M. DHARIGOND, ADVOCATE)

AND:

1.    CHANDRAPPA S/O. FAKKIRAPPA SUTAGATTI,
      AGE: 40 YEARS, OCC: DRIVER,
      R/O: RAMNAL, TALUK: KALAGHATAGI,
      DISTRICT: DHARWAD.
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                                    MFA No. 101530 of 2019
                                C/W MFA No. 101529 of 2019




2.    SHETAVAPPA S/O. PEERAPPA DODAMANI,
      AGE: 57 YEARS, OCC: OWNER OF THE TRUCK TIPPER,
      R/O: RAMNAL, TALUK: KALAGHATAGI,
      DISTRICT: DHARWAD.

3.    CHOLAMANDALAM MS GENERAL INSURANCE,
      COMPANY LTD., 1ST FLOOR, KALBURGI MANSIONS,
      DESHPANDE NAGAR, HUBBALLI,
      DISTRICT: DHARWAD.

4.    RAVI S/O. PRABHUDAS PIRMAL,
      AGE: 42 YEARS, OCC: OWNER CUM DRIVER,
      R/O: 71/10, NEHRU NAGAR, KULRA (E), MUMBAI-400024.

5.    TATA AIG GENERAL INSURANCE COMPANY LTD.,
      15TH FLOOR, TOWER A, PENINSULA BUSINESS PARK,
      GANAPATRAO KADAM MARG, OFFICE: SENAPATI,
      BAPAT MAR, LOWER PAREL, MUMBAI-400013.
                                              ...RESPONDENTS

(BY    SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3;
       SRI. SUBHASH J. BADDI, ADVOCATE FOR R5;
       R1, R2 AND R4 DISPENSED WITH)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 11.01.2019 PASSED IN MVC
NO.407/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, KALAGHATAGI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

       THESE MISCELLANEOUS FIRST APPEALS, COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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                                           NC: 2024:KHC-D:623
                                           MFA No. 101530 of 2019
                                       C/W MFA No. 101529 of 2019




                              JUDGMENT

Though the matters are listed for admission, by consent

of parties, these matters are taken up for final disposal.

2. Heard Shri. H. M. Dharigond, learned counsel for

the appellants, Shri. S. K. Kayakamath, learned counsel for

respondent No.3 and Shri. S. J. Baddi, learned counsel for

respondent No.5.

3. These two appeals are arising out of the road traffic

accident occurred on 22.05.2016 involving a car bearing

registration No.MH-03/BS-7894, two claim petitions came to be

filed by Smt. Irene in MVC No.407/2017, wherein, her claim is

that she is the dependent of the deceased-Sunilkumar Roy and

MVC No.408/2017 filed by Smt. Vertika and Smt. Irene who are

the injured persons.

4. The claim petitions were resisted by filing necessary

written statement by the Insurance Company.

5. The Tribunal after considering the oral and

documentary evidence placed on record by the claimants,

recorded the evidence of Smt. Vertika as PW.1, Raghu Mahadev

Margoor as PW.2 and Dr.Monappa Naik A as PW.3 who treated

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the injured persons and also the evidence of Balesh Ramagondi

as RW.1, Raghu Margoor as RW.2, allowed the claim petitions

in part and grant a sum of Rs.1,80,360/- in respect of the claim

in MVC No.407/2017 and a sum of Rs.3,37,255/- in respect of

the injury claim in MVC 408/2017.

6. Being aggrieved by awarding of meager

compensation, claimants have preferred these appeals.

7. Reiterating the grounds urged in the appeal

memorandum, Shri. H. M. Dharigond, learned counsel for the

appellants sought for enhancement of the compensation in both

the claim petitions.

8. Per contra, Shri. S. K. Kayakamath, learned counsel

for respondent No.3 and Shri. S. J. Baddi, learned counsel for

respondent No.5, supported the impugned judgment and

sought for dismissal of the appeals.

9. In view of the rival contentions of the parties, this

Court perused the material on record meticulously.

10. On such perusal of material on record, it is crystal

clear that Sunilkumar Roy died in the accident and he was aged

74 years, therefore, the quantum of compensation cannot be

assessed as per the chart. But taking note of the age of the

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deceased and the dependent being the wife and she is aged 60

years, enhancing the compensation in a sum of Rs.1,25,000/-

globally would meet the ends of justice.

11. Insofar as the claim for injuries is concerned, if the

monthly income and other heads are re-assessed as per the

chart, the claimants would be entitled to the enhancement of

compensation in a sum of Rs.60,000/-.

12. However taking note of the fact that treating doctor

is not examined, enhancing the compensation by a sum of

Rs.60,000/- globally would meet the ends of justice instead of

enhancing on each and every head.

13. Accordingly, the following order is passed:

ORDER

(i) MFA No.101530/2019 is allowed in part.

(ii) As against the compensation awarded by

the Tribunal in MVC No.408/2017 in a sum

Rs.3,37,255/-, the claimants would be entitled to a

sum of Rs.4,62,255/- with interest at the rate of

6% per annum from the date of petition till its

realization.

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(iii) MFA No.101529/2019 is also allowed in

part.

(iv) As against the compensation awarded by

the Tribunal in MVC No.407/2017 in a sum

Rs.1,80,360/-, the claimant would be entitled to a

sum of Rs.2,40,360/- with interest at the rate of

6% per annum from the date of petition till its

realization.

(v) Apportionment is as per the award of the

Trial Court.

vi) The balance award amount is to be