Karnataka High Court
Smt. M. N. Indira vs M/S. Reliance Gen. Ins. Co. Ltd on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24188
MFA No. 7143 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 7143 OF 2018 (MV-D)
BETWEEN:
1. SMT. M. N. INDIRA,
W/O LATE M.S.NATARAJAN,
AGED ABOUT 77 YEARS,
R/AT NO.12/4, PADMA KUTEERA APARTMENT,
2ND FLOOR, M.R.C.R. EXTENSION,
CENTRAL EXCISE LAYOUT,
1ST CROSS, VIJAYANAGAR,
BENGALURU - 560 040.
2. MR.M.N.VENKATESAN,
S/O LATE M.S.NATARAJAN,
AGED ABOUT 53 YEARS, R/AT NO.12/4,
PADMA KUTEERA APARTMENT,
2ND FLOOR, M.R.C.R. EXTENSION,
CENTRAL EXCISE LAYOUT,
1ST CROSS, VIJAYANAGAR,
BENGALURU - 560 040.
...APPELLANTS
(BY SRI. PRAKASH K A.,ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH
AND:
COURT OF
KARNATAKA
1. M/S. RELIANCE GEN. INS. CO. LTD.,
BRANCH OFFICE, 2ND FLOOR,
S.M.TOWERS, 11TH MAIN,
3RD BLOCK, JAYANAGAR,
BENGALURU - 560 011.
REP BY ITS BRANCH MANAGER.
2. MR.GIRISH S.T.,
S/O MR.THIMMEGOWDA,
NO.20, SRINIVASA LAXMAPPA ROAD,
BEHIND BALAJI KALYANA MANTAPA,
B.S.K. 3RD STAGE,
BENGALURU - 560 085.
-2-
NC: 2024:KHC:24188
MFA No. 7143 of 2018
3. MR.ASHOK H.C @ MOHAN,
S/O LATE CHANDRAIAH,
1ST MAIN, 1ST CROSS,
KAREEMSAB LAYOUT,
HEGGANAHALLI MAIN ROAD,
VISHWANEEDAM POST,
BENGALURU - 560 091.
...RESPONDENTS
(BY SRI. PRADEEP B.,ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12/02/2018, PASSED IN MVC
NO.7540/2016, ON THE FILE OF THE III ADDITIONAL JUDGE &
MEMBER, MACT, COURT OF SMALL CAUSES (SCCH-18),
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act arises
out of the judgment and award dated 12.02.2018, passed by the III
Additional Judge and Motor Accident Claims Tribunal, Court of Small
Causes, Bengaluru (SCCH-18), in MVC No. 7540/2016. The claimants
filed a petition under Section 166 of the Motor Vehicles Act, claiming just
and proper compensation on account of the death of Natarajan, who
succumbed to injuries sustained in a road traffic accident on 30.08.2016.
2. The tribunal awarded a total compensation amount of
Rs.10,12,000/- with interest at 9% per annum. The claimants have
appealed, seeking an enhancement of this compensation.
3. Heard the learned counsel for the parties and reviewed the
Trial Court Records.
NC: 2024:KHC:24188
4. The death of Natarajan in a road traffic accident on
30.08.2016 is undisputed. At the time of the accident, he was 84 years
old and was a pensioner drawing a pension amount of Rs.31,377/-. After
deducting 50% towards personal and living expenses, the income of the
deceased is assessed at Rs.15,700/-. By adopting a multiplier of '5', the
claimants are entitled to a compensation amount of Rs.9,42,000/-
towards loss of dependency.
5. The claimants are entitled to a compensation amount of
Rs.40,000/- each towards loss of consortium, totaling Rs.80,000/- as
against the Rs. 40,000/- awarded by the tribunal.
6. The tribunal awarded Rs.15,000/- towards loss of estate
and Rs.15,000/- towards funeral expenses, which is considered just and
proper.
7. The driver of the offending vehicle did not possess a valid
Driving License on the date of the accident. The Division Bench of this
Court, in MFA No. 6154/2019, disposed of on 14.12.2023, relying on the
decision of the Apex Court in the case of Pappu and others v/s Vinod
Kumar Lamba and another (2018) 3 SCC 208, ruled that the Insurance
Company is liable to pay the claim amount to the claimant initially, with
the liberty to recover the amount from the owner of the vehicle in
accordance with the law, when the vehicle covered under insurance was
driven by a person not holding a valid license. Accordingly, I pass the
following:
ORDER
i) The appeal is allowed in part.
NC: 2024:KHC:24188
ii) The claimants are entitled to a total compensation of
Rs.10,52,000/- as against the Rs.10,12,000/- awarded
by the tribunal.
iii) The enhanced compensation of Rs.40,000/- shall
carry interest at 6% per annum from the date of the
petition until realization.
iv) Respondent No. 1 - the Insurance Company, is liable
to satisfy the compensation amount awarded to the
claimants in the first instance and may recover the
same from respondent No. 2 - the owner, in
accordance with the law.
To this extent the impugned judgment is modified.
Sd/-
JUDGE
AM
