Karnataka High Court
Smt.Ramabai And Ors vs Sri.Ambresh And Anr on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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MFA No. 202057 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.202057 OF 2017 (MV-D)
BETWEEN:
1. SMT. RAMABAI
W/O SHEKHAR @ SHEKHAPPA,
AGED ABOUT: 45 YEARS,
OCC: HOUSEHOLD,
2. SRI NAGARAJ
S/O SHEKHAR @ SHEKHAPPA
AGED ABOUT: 27 YEARS,
OCC: AGRICULTURE,
3. SRI. SIDDANNA
S/O SHEKHAR @ SHEKHAPPA
Digitally signed AGED ABOUT: 25 YEARS,
by SUMITRA
SHERIGAR OCC: AGRICULTURE,
Location: HIGH
COURT OF
KARNATAKA 4. KUMARI SUREKHA
D/O SHEKHAR @ SHEKHAPPA
AGED ABOUT: 23 YEARS
OCC: STUDENT,
5. KUMAR VEERESH
S/O SHEKHAR @ SHEKHAPPA
AGED ABOUT: 22 YEARS,
OCC: STUDENT,
6. SMT. RATNAMMA
W/O SHIVARAYAPPAGOUDA
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MFA No. 202057 of 2017
AGED ABOUT: 85 YEARS,
OCC: NIL,
ALL ARE
R/O. HOUSE NO.9-940/4,
SHANTI NAGAR,
GULBARGA ROAD,
JEWARGI-585310.
...APPELLANTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE)
AND:
1. SRI AMBRESH
S/O SRINIVAS,
MAJOR,
OCC: OWNER OF VEHICLE,
R/O. HOUSE NO.8/22,
BAICHABAL VILLAGE,
TQ: SHORAPUR,
DIST: YADGIR-585224.
2. DIVISIONAL MANAGER
NATIONAL INSURANCE
COMPANY LIMITED 2ND
FLOOR BILGINDI BUILDING
OPPOSITE MINI VIDHAN SOUDA,
MAIN ROAD, GULBARGA-585102.
...RESPONDENTS
(BY SRI RAHUL R. ASTURE, ADV. FOR R2; R1 -SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND MODIFY THE IMPUGNED JUDGMENT
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MFA No. 202057 of 2017
AND AWARD DATED-26.07.2017 PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC AT JEWARGI IN MVC NO.985/2012 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimants are in appeal seeking for enhancement
of compensation and also challenging the findings of the
Tribunal exonerating the liability of the insurance company
from payment of the compensation.
2. The occurrence of the accident is not in dispute and
the fact that the vehicle was covered under the insurance
policy was also not in dispute.
3. The Tribunal has however exonerated the insurance
company of its liability solely on the ground that the rider
of the offending 2-wheeler had been charged by the Police
in the charge-sheet for driving the vehicle without a
driving licence.
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4. It is settled law that a mere statement in the charge-
sheet that the rider of the vehicle did not possess a driving
licence would not be the proof of that fact unless that
charge-sheet had ended in conviction and a judicial finding
is recorded that the rider of the vehicle did not possess a
driving licence. This kind of evidence is not placed before
the Tribunal and hence, by merely placing reliance on the
charge-sheet, the Tribunal could not have exonerated the
insurance company.
5. It is also to be noticed here that even if this
contention of the insurance company is to be accepted, at
best, it would amount to breach of the terms of the policy.
A Full Bench of this Court in New India Assurance
Company Limited vs. Yallavva and another, ILR 2020
KAR 2239, has already held that in the event there is a
breach of policy condition, the only option available to the
insurer is to satisfy the award and thereafter, proceed to
recover the same from the owner of the offending vehicle.
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6. In that view of the matter, the findings of the
Tribunal exonerating the insurance company is set aside
and it is held that the insurer would be liable for the
compensation payable to the claimants.
7. It is not in dispute that as a result of the motor
vehicle accident, which occurred on 07.06.2012, a 45 year
old died.
8. As held above, it is not in dispute that the Insurer is
liable to pay the compensation as the offending vehicle
was insured.
9. The Tribunal, on assessment of the evidence adduced
before it, has come to the conclusion that the driver of the
offending vehicle was responsible for the accident which
has resulted in the death of Shekhara.
10. In order to arrive at the loss of dependency, the
Tribunal has determined the monthly income of the
deceased notionally at Rs.5,000/-.
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11. In cases where there is no evidence to determine the
actual income, it is appropriate to adopt the notional
income as assessed by the Karnataka State Legal Services
Authority, which for the year 2012 would be Rs.6,500/-.
12. As per the decision of the Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others - (2017) 16 SCC 680, as the
deceased was aged about 45 years, 25% of the same
(Rs.1,625/-) is required to be added to the said income as
future prospects and the resultant income would thus be
Rs.8,125/-.
13. Out of the said sum, 1/4th of the same (Rs.2,031/-)
would have to be deducted towards personal expenses of
the deceased, as he was survived by his wife, four children
and mother. The net income will be Rs.6,094/-.
14. As the deceased was aged 45 years, as per the
decision rendered by the Hon'ble Supreme Court in the
case of Sarla Verma and others vs. Delhi Transport
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Corporation and another, (2009) 6 SCC 121, a
multiplier of '14' would have to be applied.
15. Consequently, the claimants would be entitled to a
sum of Rs.10,23,792/- (Rs.6,094/- x 12 x '14') towards
"loss of dependency" as against Rs.6,30,000/- awarded
by the Tribunal.
16. The claimants being the wife, four children and
mother of the deceased, each of them would be entitled to
a sum of Rs.44,000/- towards "loss of consortium" i.e.,
in all Rs.2,64,000/- and they would also be entitled to a
sum of Rs.33,000/- under the "conventional heads".
17. Further, the claimants would also be entitled to a
sum of Rs.4,35,000/- that had been awarded by the
Tribunal towards medical expenses.
18. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
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Compensation As
Sl.
awarded by this
No. Nature of Heads
Court (In Rs.)
1. Loss of Dependency Rs.10,23,792/-
(Rs.6,094/- x 12 x '14')
Loss of love and
2. Rs.2,64,000/-
affection
3. Conventional heads 33,000/-
4. Medical expenses Rs.4,35,000/-
Total 17,55,792/-
19. Thus, the claimants would be entitled for
compensation of Rs.17,55,792/- as against
Rs.12,65,000/- awarded by the Tribunal, along with
interest at the rate of six per cent per annum from the
date of petition till its realization.
20. The disbursement of the compensation amount shall
be made as per the award of the Tribunal.
21. The Insurance Company is directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment and thereafter, proceed to
recover the same from the owner of the offending vehicle.
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22. The appeal is accordingly allowed in part.
23. In view of the disposal of the appeal, all pending
interlocutory applications, if any, stand disposed of.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
RK
CT: VD
