Karnataka High Court
Mangalamma vs The Manager on 27 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:23884
MFA No. 8433 of 2018
C/W MFA.CROB No. 104 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 8433 OF 2018 (MV-)
C/W
MFA CROSS OBJECTION NO. 104 OF 2021 (MV-D)
IN MISCELLANEOUS FIRST APPEAL NO. 8433 OF 2018:
BETWEEN:
THE MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
NO 5/4, 3RD FLOOR, S V ARCADE,
BILEKAHALLI MAIN ROAD,
OFF: BANNERUGHATTA ROAD,
IIMB POST, BENGALURU - 560 076,
BY ITS MANAGER
...APPELLANT
(BY SRI. O MAHESH., ADVOCATE AND
SMT. VEENA O MAHESH, ADVOCATE)
AND:
Digitally signed by B
K 1. MANGALAMMA
MAHENDRAKUMAR
Location: HIGH AGED ABOUT 41 YEARS
COURT OF
KARNATAKA
W/O KRISHNAPPA.
2. KUMARI LAKSHMI
AGED ABOUT 18 YEARS
D/O KRISHNAPPA
3. PUTTAMMA
AGED ABOUT 76 YEARS
W/O MUNIYAPPA
ALL ARE RESIDING AT
GANDHINAGAR SAMNDUR,
ANEKAL BENGALURU URBAN - 562 114.
-2-
NC: 2024:KHC:23884
MFA No. 8433 of 2018
C/W MFA.CROB No. 104 of 2021
4. Y NAGARAJ, MAJOR,
S/O MUNIKRISHNAPPA
MUTHALAMMA TEMPLE STREET,
HEBBAGODI ANEKAL - 562 114,
BENGALURU URBAN.
...RESPONDENTS
(BY SRI. A SREENIVASAIAH., ADVOCATE FOR C/R1 TO R3;
V/O DATED 24/08/22 R4 IS H/S)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED 04.08.2018 PASSED IN MVC
NO.1329/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER MACT, BENGALURU,
AWARDING COMPENSATION OF RS.11,10,000/- WITH INTEREST @
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.IN
TIME.C.F. SUFFICIENT.
IN MFA CROSS OBJECTION NO. 104 OF 2021:
BETWEEN:
1. MANGALAMMA
W/O KRISHNAPPA
AGED ABOUT 43 YEARS.
2. KUMARI LAKSHMI
D/O KRISHNAPPA
AGED ABOUT 20 YEARS.
3. PUTTAMMA
W/O MUNIYAPPA
AGED ABOUT 78 YEARS
ALL ARE RESIDING AT
GANDHINAGAR, SAMANDUR
ANEKAL BENGALURU URBAN.
...CROSS OBJECTORS
(BY SRI. GOPAL KRISHNA N.,ADVOCATE AND
SRI. JAGADISH G KUMBAR, ADVOCATE FOR
CROSS OBJECTION)
AND:
1. THE MANAGER
SHRIRAM GENERAL INSURANCE COMPANY LTD.,
NO.5/4 3RD FLOOR S V ARCADE
-3-
NC: 2024:KHC:23884
MFA No. 8433 of 2018
C/W MFA.CROB No. 104 of 2021
BILEKAHALLI MAIN ROAD, OFF
BANNERUGHATTA ROAD, IIMB POST
BENGALURU-560 076.
2. Y NAGARAJ
S/O MUNIKRISHNA
MAJOR BY AGE
MUTHALAMMA TEMPLE STREET
HEBBAGODI ANEKAL
BENGALURU URBAN-560 099.
...RESPONDENTS
(BY SRI. O MAHESH, ADVOCATE FOR R1;
V/O DATED 15/3/22023 SERVICE OF NOTICE TO R2 IS H/S)
THIS MFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF
THE CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT,
AGAINST THE JUDGMENT AND AWARD DATED 04.08.2018 PASSED
IN MVC NO. 1329/2017 ON THE FILE OF THE XIII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES AND MEMBER OF MACT,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE MFA AND MFA CROB, COMING ON FOR FURTHER
DICTATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants under Section 173(1) of the
Motor Vehicles Act, 1988, challenging the award dated 04.08.2018 in
MVC No.1329/2017 passed by the XIII Additional Judge, Court of Small
Causes and Member MACT, Bengaluru.
2. The claimants filed a claim petition under Section 166 of the
Motor Vehicles Act, seeking just and proper compensation. They stated
that Krishnappa was traveling as a loader in a Mahindra goods vehicle
when the driver drove the vehicle in a rash and negligent manner,
causing him to lose control and the vehicle to overturn. As a result,
Krishnappa fell out of the vehicle and succumbed to his injuries
NC: 2024:KHC:23884
on 03.01.2017. The Tribunal awarded a total compensation of
Rs.11,10,000/- with interest at 6% per annum.
3. The insurance company has filed an appeal in MFA
No.8433/2018, challenging both the quantum of compensation and the
liability to pay it. The claimants have filed MFA Crob No.104/2021,
seeking an enhancement of the compensation.
4. The learned counsel for the insurance company contended that,
as of the date of the accident, the deceased was traveling as a gratuitous
passenger and therefore was not eligible for compensation. Additionally,
he argued that the driver of the vehicle did not possess a valid license to
drive a goods carriage vehicle. He further contended that the deceased
was traveling on the body of the vehicle and not inside it, implying that he
was not employed by the owner of the vehicle.
5. In contrast, the learned counsel for the claimants submitted that
the evidence from the vehicle's owner (RW.1) and the charge-sheet
clearly disclosed that Krishnappa was traveling as a loader, not as a
gratuitous passenger, and that the driver did not possess a valid license
to drive the goods vehicle. He argued that the claimants had asserted
that the deceased was employed by RW.1, and therefore the Tribunal
should have assessed the compensation under the provisions of the
Workmen's Compensation Act. He maintained that the compensation
awarded was neither just nor proper and sought an enhancement of the
compensation.
6. Section 4 of the Employees Compensation Act, 1923, states
that an amount equal to 50% of the monthly wages of the deceased
workman, multiplied by the relevant factor from Schedule IV of the Act,
should be awarded. In this case, the calculation would be
NC: 2024:KHC:23884
Rs.8,000/2 x 156.47 = Rs.6,25,880/- with interest at 12% per annum
from the date of the petition until realization.
7. Consequently, the compensation amount of Rs.11,10,000/-
is reduced to Rs.6,25,880/-. To this extent, the judgment and award
passed by the Tribunal are modified. The amount in deposit in MFA
No.8433/2018 is to be transmitted to the jurisdictional Tribunal.
8. Accordingly, MFA No.8433/2018 is allowed in part, and
MFA Crob No.104/2021 is dismissed.
9. The insurance company is directed to deposit the
compensation amount of Rs.6,25,880/- with interest at 6% per annum
within three months from the date of receipt of the certified copy of this
order.
10. The entire compensation amount shall be released in favor
of the claimants.
Sd/-
JUDGE
RKA/bkm
