Karnataka High Court
United India Insurance Co.Ltd vs Sri.Shiddalingppa @ Shiddappa ... on 7 June, 2024
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MFA No. 103661 of 2019
C/W MFA No. 100565 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 103661 OF 2019 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100565 OF 2020
IN MFA NO. 103661 OF 2019
BETWEEN:
UNITED INDIA INSURANCE CO. LTD,
DIVISIONAL MANAGER, DIVISIONAL OFFICE,
SEETA SADAN, MARUTI GALLI, BELAGAVI,
REPRESENTED THROUGH BY ITS AUTHORIZED
SIGNATORY, DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. S. S. KOLIWAD, ADVOCATE)
AND:
1. SRI.SHIDDALINGPPA @ SHIDDAPPA NARASAPPA BALIKAI,
SINCE DEAD THROUGH HIS LRS.
Digitally 1A. SMT. ANUSUYA W/O. LATE SIDDHALINGAPPA BALIKAI,
signed by
MANJANNA AGE: 51 YEARS, OCC: HOUSE WIFE.
E
Location: 1B. SRI. ARPIT S/O. SIDDHALINGAPPA BALIKAI,
HIGH
COURT OF AGE: 22 YEARS, OCC: SERVICE.
KARNATAKA
1C. AKSHATA D/O. LATE SIDDHALINGAPPA BALIKAI,
AGE: 42 YEARS, OCC: STUDENT,
ALL ARE RESIDENTS OF RAJNAGAR, 1ST CROSS, SHIVALLI
PLOT, DHARWAD, TQ: DIST: DHARWAD, PIN-580001.
2. SHRI. BASAPPA APPAYYA DESHNUR,
AGE: MAJOR, OCC: BUSINESS,
R/O. THAMBUR, TQ: KHALGATAGI,
DIST: DHARAWAD, PIN-580005.
...RESPONDENTS
(BY SRI. NEEL P. PATEL AND
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MFA No. 103661 of 2019
C/W MFA No. 100565 of 2020
SRI. GOURI SHANKAR MOT, ADV. FOR R1 TO RC;
NOTICE TO R2 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC
NO.2987/2016 PASSED BY ON THE FILE OF THE MOTOR ACCIDENT
CLAIM TRIBUNAL AND 2ND ADDL. DISTRICT AND SESSION COURT
BELAGAVI, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED
22.06.2019 AS AGAINST THE APPELLANT IN THE INTEREST OF
JUSTICE.
IN MFA NO. 100565 OF 2020
BETWEEN:
1. SIDDALINGPPA @ SIDDAPPA
S/O. NARASAPPA BALIKAI, DECEASED.
1A. SMT. ANUSUYA W/O. LATE SIDDHALINGAPPA BALIKAI,
AGE: 51 YEARS, OCC: HOUSE WIFE.
1B. SRI. ARPIT S/O. SIDDHALINGAPPA BALIKAI,
AGE: 22 YEARS, OCC: SERVICE.
1C. AKSHATA D/O. LATE SIDDHALINGAPPA BALIKAI,
AGE: 23 YEARS, OCC: STUDENT,
ALL ARE R/O. RAJNAGAR, 1ST CROSS, SHIVALLI PLOT,
DHARWAD, TQ: DIST: DHARWAD, PIN-580001.
...APPELANTS
(BY SRI. NEEL P. PATEL AND
SRI. GOURI SHANKAR MOT, ADVOCATES)
AND:
1. SHRI. BASAPPA APPAYYA DESHNUR,
AGE: MAJOR, OCC: BUSINESS,
R/O: TAMBUR, TQ: KALAGHATAGI, DIST: DHARWAD.
2. THE UNITED INSURANCE COMPANY LTD,
D.O, SITASADAN, MARUTI GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 22.06.2019
PASSED IN MVC NO.2987/2016 ON THE FILE OF THE II ADDITIONAL
DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
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MFA No. 103661 of 2019
C/W MFA No. 100565 of 2020
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR DICTATING JUDGMENT,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Heard learned counsel for the appellant and
respondents on admission in both the appeals. With the
consent of learned counsel for the parties, the matters are
taken up for final disposal at the admission stage itself.
2. As these two appeals are arising out of a
common judgment and award of the Tribunal, they are
heard together and dispose of by this Court by common
judgment.
3. MFA.No.100565/2020 is filed by the claimant
seeking enhancement of compensation awarded by the
Tribunal, whereas MFA No.103661/2019 is filed by the
Insurance Company, seeking reduction of compensation
awarded by the Tribunal.
4. The claimants and Insurance Company have
filed these appeals under 173(1) of the Motor Vehicles Act,
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(for short, 'the M.V.Act') in MVC No.2987/2016 passed by
the II Additional District and Sessions Judge, and M.A.C.T.
Belagavi, (for short, 'the Tribunal') dated 22.06.2019,
whereby the Tribunal awarded compensation of
Rs.4,39,554/- on account of injuries sustained by the
claimant.
5. For the sake of convenience, the parties are
referred to as per their rank referred to in the claim
petitions before the Tribunal.
6. This claim petition was filed under Section 166
of the M.V.Act, seeking compensation on account of severe
injuries sustained by the injured in road traffic accident
that took place on 07.09.2015 at about 00.30 hours, when
the claimant was proceeding on motorcycle bearing
registered No.KA-25/EH-9736 as a pillion rider. The rider
of motorcycle rode the same in high speed, rash and
negligent manner and suddenly applied the break. Thus,
the claimant fell down and sustained severe injuries.
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Immediately he was admitted to the hospital for
treatment.
7. Considering the oral and documentary evidence
on record, the Tribunal granted compensation of
Rs.4,39,554/- to the claimant.
8. Learned counsel for the appellants/claimants
submits that date of accident is 07.09.2015 and on
04.05.2023, the claimant succumbed to the accidental
injuries. In fact, the injuries sustained by claimant were
severe in nature. The Tribunal was not just and reasonable
in granting fair compensation on the heads 'pain and
suffering', 'income during laid up period', 'future medical
expenses', 'loss of amenities' etc. Hence, he prays for
allowing the appeal.
9. Learned counsel for respondent No.2-Insurance
Company submits that the Tribunal considering the oral
and medical evidence and other exhibited material has
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granted excess compensation and thus, he prays for
dismissal of the appeal.
10. As there is no dispute with regard to the
injuries sustained by the claimant in the road traffic
accident that occurred on 7.09.2015 at about 00.30 hours,
due to rash and negligent driving of driver of the
motorcycle bearing registered No.KA-25/EH-9736 and the
liability of the insurer of offending vehicle, the points that
would arise for Court consideration in this appeal are:
"Whether the legal representatives of
deceased claimant are entitled for enhanced
compensation as sought for?"
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable
or does it call for enhancement?"
11. Respondent No.2-Insurance Company has a
statutory obligation to pay compensation in motor accident
claim cases. This obligation cannot be evaded behind the
defence that it was available only for personal injuries and
abates on his death irrespective of the loss caused to the
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estate of the deceased because of the injuries. The M.V.
Act is beneficial and welfare legislation. Section 166(1)(a)
of the M.V.Act provides for a statuary claim for
compensation arising out of an accident by the person who
has sustained injury, Under clause (b), compensation is
payable to the owner of the property. In case of death the
legal representatives of the deceased can pursue the
claim. Property under the M.V.Act, will have a much wider
connotation than the conventional definition. If the legal
heirs can pursue claims in the case of death, there is no
reason why the legal representatives cannot pursue claims
for loss of property akin to estate of injured if he is
deceased subsequently for reason other than attributable
to the accident or injuries under clause (c) of Section
166(1). Loss of estate would include expenditure on
medicines, treatment, diet, attendant, doctor's fee etc.,
including income and future prospects which would have
caused reasonable accretion to the estate but for the
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sudden expenditure which had to be met from and
depleted the estate of the injured, subsequently deceased.
12. This view taken by the Hon'ble Apex Court in
case of Oriental Insurance Company Limited Vs.
Kahlon Alias Jasmail Singh Kahlon (deceased)
through his legal representative Narinder Kahlon
Gosakan and Another1.
13. Soon after the death of the claimant, the legal
representatives cannot maintain the appeal. Hence, they
are not entitled for compensation.
14. Admittedly, the claim petition was filed under
Section 110 of the M.V.Act, 1939 by the person sustaining
bodily injuries in a motorcycle accident, claiming
compensation for personal injuries as also for
compensation towards expenses, loss of income etc. (loss
to estate) cannot, on such persons death occurring not as
a result or consequences of bodily injuries sustained from
(2022) 13 SCC 494
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a motor accident, be prosecuted by his legal
representatives of deceased claimant prosecuting the
matter. A claim petition presented by injured on account
of injuries sustained by him in the motor accident,
claiming compensation for personal injuries as also
claiming compensation towards expenses, loss of income
etc (loss of estate) can, on such person's death appearing
as a consequence of bodily injuries sustained in the motor
accident, be prosecuted by his legal representatives only
insofar as the claim for compensation in that claim
petition, relates to loss of estate, loss to estate of the
deceased person due to bodily injuries sustained in the
motor accident.
15. Since, there is no material to show that death
was on account of direct consequence of the injury
suffered by the injured in the road traffic accident, his
legal representatives of the claimant can prosecute the
petition and they are entitled to claim compensation due
to bodily injuries and not otherwise.
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16. In the present case as rightly contended by the
learned counsel for insurer, the injured has not suffered
any physical disability nor he was under any treatment at
the time of his death or soon after the accident till his
death. However, there are no materials whatsoever to
show that the death was on account of and as a direct
consequence of the injury suffered by the deceased in the
motor vehicle accident. Under these circumstances, the
decision in Kannamma (supra) aptly applicable and the
claimants are entitled for compensation towards
hospitalization and medical expenses only and not for loss
of estate.
17. The medical expenses as determined by the
Tribunal is Rs.1,90,754/-. The injured was hospitalized
for a period from 07.09.2015 to 01.10.2015 i.e. for a
period of 22 days. The Tribunal has not assessed monthly
income of the deceased. Therefore, the legal
representatives of the claimants are entitled for
Rs.17,800/-. The Tribunal has awarded a sum of
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Rs.50,000/- towards 'pain and suffering' which is not
reasonable one and an additional compensation of
Rs.10,000/-. The Tribunal has awarded a sum of
Rs.6,200/- towards 'loss of income during laid up period'.
The accident is of the year 2015. Considering the income
Rs.8,000/- per month and claimant must have been under
treatment for a period of three months. Therefore, a sum
of Rs.24,000/- (Rs.8,000/- x 3) is awarded under this
head. Further, the Tribunal has awarded a sum of
Rs.24,000/- under head 'food, diet, attendance and
conveyance', which is not reasonable one. Hence, an
additional sum of Rs.6,000/- is awarded under this head.
Further, the Tribunal has awarded 'future medical
expenses' considering entire head injuries, physical mental
agony suffered by claimant, an additional sum of
Rs.13,600/- is awarded under the head 'future medical
expenses'.
18. In view of decision cited (supra) the appeal filed
by the claimant is maintainable. Hence, appeal filed by the
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Insurance Company is dismissed. Appeal filed by the
claimant is partly allowed.
19. Thus, the claimant is entitled for compensation
on the following heads;
Compensation awarded
Sl.
Description By the By this Court
No.
Tribunal
1 Pain and suffering 50,000/- 60,000/-
2 Los of income during laid up
period 6,200/- 24,000/-
3. Medical Expenses 1,09,754/- 1,09,754/-
4 Attendant charges, Food,
Nourishment, diet and conveyance
etc 24,000/- 30,000/-
5 Future medical expenses - 13,600
6 Loss of income due to disability 2,49,600/- 2,49,600/-
Total 4,39,554/- 4,86,954/-
Less: compensation awarded by the
Tribunal 4,39,554/-
Enhanced by this Court 47,400/-
20. Therefore, the claimant is entitled for total
compensation of Rs.4,86,954/- as against the
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compensation of Rs.4,39,554/- awarded by the
Tribunal. Accordingly, I pass the following;
ORDER
i) The appeal filed by the Insurance Company in
MFA No.103661/2019 is dismissed and the
appeal filed by the claimant in MFA
No.100565/2020 is allowed in part.
ii) The judgment and award dated 22.06.2019
passed in MVC.No.2987/2016 by the II
Additional District and Sessions Judge, and
M.A.C.T. Belagavi, is hereby modified to the
extent stated herein above.
iii) The claimant is entitled for compensation of
Rs.4,86,954/- as against the compensation of
Rs.4,39,554/- awarded by the Tribunal with
interest at the rate of 6% per annum on the
enhanced compensation of Rs.47,400/- from
the date of the claim petition, till the date of its
realization.
iv) Respondent No.2/Insurance Company is
directed to deposit the additional compensation
with interest within a period of eight weeks
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from the date of receipt of copy of this
judgment.
v) Out of the additional compensation, the
Tribunal is directed to disburse the entire
compensation to the claimant on proper
identification.
vi) The amount in deposit, if any, shall be
transmitted to the Tribunal within two weeks
from today.
vii) The Registry is directed to transmit the copy of
this judgment with consent to the Tribunal
along with its records.
No order as to costs.
Sd/-
JUDGE
AC/ct-an
