Karnataka High Court
Gulashan vs M/S Chetak Logistics Ltd And Anr on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5499
MFA No. 203716 of 2023
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.203716 OF 2023 (MV-D)
BETWEEN:
SMT. GULASHAN
W/O MAHIBOOB PHULMAMADI @ SAYYED
AGE: 49 YEARS, OCC: HOUSEHOLD
R/O. VADAKABAL,
BASAVA NAGAR, SOLAPUR
NOW AT SIDDESHWAR NAGAR
TIKOTA ROAD, VIJAYAPURA.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
Digitally signed
by RENUKA AND:
Location: HIGH
COURT OF
KARNATAKA 1. M/S CHETAK LOGISTICS LTD.,
PLOT NO.8 SECTOR-6,
MAIN MATHURA ROAD,
FARIDABAD-121001
(HARYANA)
(OWNER OF LORRY NO.HR-38/U-9077).
2. THE BRANCH MANAGER
THE NEW INDIA ASSURANCE
COMPANY LIMITED
HANAMSHETTI BUILDING,
GURUKUL ROAD,
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NC: 2024:KHC-K:5499
MFA No. 203716 of 2023
VIJYAPURA-586101.
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
SMT. PREETI PATIL MELKUNDI ADV. FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
EXERCISE ITS APPELLATE JURISDICTION CALL FOR THE
ENTIRE LOWER COURT AND MODIFY THE JUDGEMENT AND
AWARD DATED 21.08.2023 PASSED BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL NO.VI, AT VIJAYAPURA IN MVC NO.
578/2019 BY ENHANCING THE COMPENSATION AMOUNT AS
PRAYED FOR. AND DIRECT THE RESPONDENT NO. 2
INSURANCE COMPANY TO DEPOSIT THE ENHANCED AWARD
AMOUNT AND TO RECOVER THE SAME FROM THE
RESPONDENT NO. 1 AS PER THE ORDER OF HONOURABLE
SUPREME COURT IN CIVIL APPEAL NO. 20962/2017 (ARISING
OUT OF SLP (C) NO.29032/2015), PAPPU AND OTHERS V/S
VINOD KUMAR LAMBA AND ANOTHER AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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NC: 2024:KHC-K:5499
MFA No. 203716 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. In respect of the death of Anwarali, a 20 year old
boy, the Tribunal has awarded the following sums as
compensation:
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
Loss of dependency
1. Rs.10250/- / 2 = Rs.5,125/- 15,49,800/-
Rs.5,125/- + 2,050/- (40%) = Rs.7175/-
(Rs.7,175/- x "18" x 12)
2. Funeral expenses 16,500/-
3. Filial Consortium 40,000/-
Total 16,06,300/-
2. The Tribunal has, however, exonerated the insurance
company of its liability on the ground that the driver of the
vehicle did not possess a valid and effective driving
licence. Since the Tribunal has recorded a finding that
there was a breach of the policy condition, in light of the
judgment of the Full Bench of this Court in New India
Assurance Company Limited vs. Yallavva and
NC: 2024:KHC-K:5499
another, reported in ILR 2020 KAR 2239, the insurance
company would be liable to pay the compensation and
thereafter, proceed to recover the same from the owner of
the offending vehicle.
3. Thus, the finding of the Tribunal insofar as it relates
to exonerating the insurance company from its liability is
modified and it is held that the insurance company shall
satisfy the compensation payable to the claimant and
thereafter proceed to recover the same from the owner of
the offending vehicle.
4. As far as the compensation is concerned, the income
of the deceased is correctly determined by the Tribunal
and appropriate deduction and multiplier had also been
applied and hence, the amount awarded towards loss of
dependency will have to be maintained.
5. However, in light of the judgment rendered by the
Apex Court in National Insurance Company Limited
vs. Pranay Sethi &. Others reported in (2017) 16 SCC
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680, the claimant shall be entitled to a sum of
Rs.33,000/- under the conventional heads and a sum
of Rs.44,000/- towards loss of love and affection.
6. In the result, the claimant would be entitled to the
following sums:
Compensation
Sl. As awarded by
No. Nature of Heads this Court
(In Rs.)
1. Loss of Dependency 15,49,800/-
2. Loss of love and affection 44,000/-
3. Conventional heads 33,000/-
Total : 16,26,800/-
7. Thus, the claimant would be entitled for
compensation of Rs.16,26,800/- as against
Rs.16,06,300/- awarded by the Tribunal, along with
interest at the rate of six per cent per annum from the
date of petition till its realization.
8. The disbursement of the compensation amount shall
be made as per the award of the Tribunal.
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9. 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
against the owner of the offending vehicle to recover the
same.
10. The appeal is accordingly allowed in part.
11. 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
