Karnataka High Court
Shri.Shivappa S/O Muttappa Hosur vs Shri.Sayyad S/O Moulasab Yadwad on 28 May, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:7047-DB
MFA No.105138 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.105138 OF 2019 (MV-D)
BETWEEN:
1. SMT. RENUKA W/O. SHIVAPPA HOSUR,
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
SHRI. SHIVAPPA S/O. MUTTAPPA HOSUR,
SINCE DECEASED BY LEGAL HEIRS
(DIED ON 20/05/2019)
2. KU. MANOJ S/O. SHIVAPPA HOSUR,
AGE: 06 YEARS,
3. KU. VARUN S/O. SHIVAPPA HOSUR,
AGE: 05 YEARS,
APPELLANT NO. 2 & 3 ARE MINORS,
M/G. AND NEXT FRIEND
R/BY THEIR MOTHER APPELLANT NO.1
4. SMT. NINGAVVA W/O. MUTTAPPA HOSUR,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
KM
SOMASHEKAR
ALL ARE R/O. BELAGALI,
Digitally signed by K M
SOMASHEKAR TQ: MUDHOL, DIST: BAGALKOT-587313.
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
...APPELLANTS
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. SHRI. SAYYAD S/O. MOULASAB YADAWAD,
AGE: 49 YEARS, OCC: OWNER OF VEHICLE,
R/O. MILANA PEG BAR AND RESTAURANT,
MUDHOL ROAD, MAHALINGAPUR, TQ: MUDHOL,
DIST: BAGALKOT-587313.
2. THE MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
NEAR KEB OFFICER,
-2-
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MFA No.105138 of 2019
NAVANAGAR, BAGALKOT-587001.
...RESPONDENTS
(BY SMT. ARUNA DESHPANDE, ADVOCATE FOR R2,
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED
IN MVC NO.446/2016 ON THE FILE OF MACT-XIV, MUDHOL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
2. The legal representatives of deceased Shivappa are
in appeal not being satisfied with the quantum of compensation
awarded by the Tribunal under judgment and award dated
20.10.2018 passed in MVC No.446/2016 on the file of learned
Member, MACT-XIV, Mudhol (for short, 'Tribunal'), praying for
enhancement of compensation.
3. One Shivappa sustained injuries in a road traffic
accident that took place on 31.08.2015 involving Tata Sumo
bearing registration No.KA-48/M-4443 and Motorcycle bearing
registration No.KA-48/J-2337. The injured-Shivappa filed a
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claim petition under Section 166 of the Motor Vehicles Act,
1988 claiming compensation for the injuries sustained by him
in the aforestated road traffic accident. It is stated that the
said Shivappa was doing agricultural coolie and earning
Rs.15,000/- per month.
4. On appearance, the insurance company filed its
statement of objections denying the claim petition averments.
Further, it was contended that due to negligence on the part of
the rider of the motorcycle, the alleged accident had occurred
and there is no negligence on the part of the driver of Tata
Sumo vehicle. Further, it contended that the driver of the
offending vehicle was not having valid and effective driving
license as on the date of the accident. Thus, sought for
dismissal of the claim petition.
5. Before the Tribunal, the injured-Shivappa examined
himself as PW1 and other injured person examined as PW2. On
behalf of Shivappa, two doctors were examined as PW3 and
PW4, apart from marking the documents as Ex.P1 to P84. No
evidence was let in on behalf of the respondents, but with
consent, insurance policy was marked as Ex.R1. The Tribunal
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based on the material on record awarded total compensation of
Rs.10,06,806/- with interest at the rate of 9% per annum from
the date of petition till realization on the following heads:
Loss of future earning Rs.6,91,200/-
Pain and suffering Rs. 50,000/-
Medical expenses Rs.1,98,606/-
Loss of income during laid-up period Rs. 16,000/-
Attendant charges Rs. 1,000/-
Loss of amenities Rs. 50,000/-
-------------------
Total Rs.10,06,806/-
-------------------
6. While awarding the above compensation, the
Tribunal assessed the income of the injured at Rs.8,000/- per
month and adopted multiplier of 18 taking the age of injured-
Shivappa as 25 years.
7. Subsequent to the impugned judgment and award,
the injured-Shivappa died on 20.05.2019. Subsequently, the
legal representatives of the deceased Shivappa have preferred
this appeal on 20.12.2019 seeking enhancement of
compensation contending that the death of Shivappa is due to
the injuries suffered in the road accident and therefore, they
are entitled to compensation for the accidental death of
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deceased Shivappa. On the ground that they were dependent
on him.
8. Heard the learned counsel Sri. Santosh B Rawoot
for the appellants/claimants and Smt. Aruna Deshpande,
learned counsel for respondent/Insurer and perused the appeal
papers including the original records.
9. Sri. Santosh B Rawoot, learned counsel for the
appellants/claimants would contend that the doctor examined
on behalf of late Shivappa had deposed that fracture of right
femure is not united and due to infection, there was formation
of puss in the right thigh. Further, he would submit that PW4-
doctor also suggested for amputation of right leg, but the
deceased Shivappa had refused to get his right leg amputed. It
is submitted that infection and formation of puss is the reason
for the death of Shivappa. Thus, he prays for enhancement of
compensation by awarding compensation for the death of
Shivappa.
10. Per contra, learned counsel Smt. Aruna Deshpande
for the respondent/Insurer would vehemently oppose the
appeal and contend that no material is placed on record to
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establish the nexus between the accidental injuries and the
death of Shivappa. Learned counsel would submit that the
accident had taken place on 31.08.2015, whereas the deceased
Shivappa died on 20.05.2019, nearly four years from the date
of accident. Thus, she submits that there is no nexus between
the accidental injuries and the death of Shivappa. She further
submits that the compensation awarded by the Tribunal on all
heads is just and proper, which requires no interference by this
Court. Thus, she prays for dismissal of the appeal.
11. Having heard the learned counsel for the parties
and on perusal of the appeal papers including the original
records, the only point that would arise for consideration is as
to, whether the legal representatives would be entitled for
enhancement of compensation and whether the legal
representatives would be entitled to compensation for death of
Shivappa?
12. Our answer would be, there is no nexus between
the accidental injuries and death of injured-Shivappa and the
legal representatives of deceased Shivappa would be entitled to
a global compensation of Rs.50,000/-.
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13. There is no dispute with regard to the accident that
took place on 31.08.2015 involving Tata Sumo bearing
registration No.KA-48/M-4443 and Motorcycle bearing
registration No.KA-48/J-2337 and the injuries sustained by the
deceased Shivappa. Admittedly, the deceased Shivappa died on
20.05.2019, nearly four years from the date of the accident
that too subsequent to the award under appeal. No material is
placed on record to establish that the death of deceased
Shivappa is due to accidental injuries. There is no material on
record to establish the nexus between the accidental injuries
and the death of Shivappa. On the other hand, the evidence of
PW4-Doctor would indicate that the doctor had suggested for
amputation of right leg, but the deceased had refused to get
himself amputed. It is relevant to take note of the fact that
from the date of the accident, the deceased was alive for nearly
four years. Only after award passed by the Tribunal, the
deceased Shivappa died on 20.05.2019. Therefore, the
appellants/legal representatives of the deceased Shivappa
would not be entitled to compensation for the death of
Shivappa, as they have failed to establish the death of
deceased Shivappa due to accidental injuries.
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14. There is no dispute with regard to the injuries
sustained by the deceased Shivappa in a road accident
occurred on 31.08.2015. The deceased Shivappa was an
inpatient initially for 10 days and intermittently for more than
60 days. PW4-Doctor has deposed that the deceased Shivappa
had suffered disability of more than 75%. The Tribunal while
awarding compensation on the head of attendant charges has
awarded only Rs.1,000/-, which is very meager. Taking note of
the fact that the legal representatives of the deceased would
have spent considerable amount towards attendant charges,
travelling expenses, food and nourishment and the
appellants/legal representatives of the deceased Shivappa have
suffered mental agony due to death of Shivappa, we deem it
appropriate to award a global compensation of Rs.50,000/- to
the appellants, which would meet the ends of justice.
15. In the result, we proceed to pass the following:
ORDER
a) Appeal stands partly allowed.
b) The impugned judgment and award of the
Tribunal is modified to the above extent
holding that the appellants are entitled to a
global compensation of Rs.50,000/-, in
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addition to compensation already awarded
by the Tribunal.
c) The aforesaid amount shall carry interest at
the rate of 6% per annum from the date of
petition till realization.
d) The respondent/insurer shall deposit the
aforesaid amount with accrued interest
before the Tribunal within a period of six
weeks from the date of receipt of certified
copy of this judgment.
e) On such deposit, the same shall be released
in favour of the appellant No.1/wife of the
deceased.
f) Registry to transmit the TCR to the Tribunal
forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
CT:VP
