Karnataka High Court
V.N.S. Prabakar Rao And Ors vs Mustafa S/O Khasim Sab And Ors on 29 May, 2024
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MFA No. 200813 of 2017
C/W MFA No. 200135 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO. 200813 OF 2017 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200135 OF 2017
IN M.F.A NO.200813 OF 2017
BETWEEN:
1. V.N.S. PRABAKAR RAO
S/O SURYANARAYANA,
AGE:55 YEARS, OCC:AGRICULTURE,
R/O: NEELAGOL CAMP, RAICHUR. (DT).
Digitally signed
by VARSHA N
RASALKAR 2. SMT. V.SUDHA RANI
Location: HIGH
COURT OF W/O V.N.S.PRABAKAR RAO,
KARNATAKA AGE:50 YEARS, OCC:HOUSEHOLD,
R/O NEELAGOL CAMP, RAICHUR (DT).
3. PHANI DEEPTHI
W/O LATE RAM KISHORE,
AGE:30 YEARS, OCC:HOUSEHOLD, R/O NEELAGOL
CAMP, RAICHUR(DT).
...APPELLANTS
(BY SRI. SHIVANAND PATIL AND
SRI. VARUN PATIL, ADVOCATE FOR APPELLANT NO.3)
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MFA No. 200813 of 2017
C/W MFA No. 200135 of 2017
AND:
1. MUSTAFA S/O KHASIM SAB
AGE:MAJOR, OCC:LORRY DRIVER,
R/O VIJAYANAGAR COLONY, SIRWAR,
TQ.MANVI, DIST.RAICHUR-584123.
2. NIRMALA DEVI W/O TULJARAM
AGE:MAJOR, OCC:OWNER OF RC.HOLDER OF LORRY,
R/O MAHATMA GANDHI COLONY,
NEAR POLICE STATION, RAICHUR - 584103.
3. THE RELIANCE GENERAL INSURANCE
COMPANY LTD.,
BRANCH OFFICE AT IST FLOOR,
SLV TOWERS, 40 MAIN ROAD,
PARVATHI NAGAR, BELLARY -588103.
...RESPONDENTS
(BY SRI. PREETI PATIL MELKUNDI, ADVOCATE FOR R3;
THE APPEAL SHALL STAND DISMISSED IN SO FAR AS R1 AND
R2 ARE CONCERNED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD
DATED-23-12-2016 PASSED IN MVC NO.651/2012 BY THE
LEARNED I ADDL. DIST. AND SESSION JUDGE, RAICHUR MAY
KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN M.F.A NO.200135 OF 2017
BETWEEN:
THE RELIANCE GENERAL INSURANCE
COMPANY LTD.,
BRANCH OFFICE AT IST FLOOR,
SLV TOWERS, 40 MAIN ROAD,
PARVATHI NAGAR, BELLARY -588103.
...APPELLANT
(BY SRI. PREETI PATIL MELKUNDI, ADVOCATE)
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MFA No. 200813 of 2017
C/W MFA No. 200135 of 2017
AND
1. V.N.S. PRABAKAR RAO
S/O SURYANARAYANA,
AGE:55 YEARS, OCC:AGRICULTURE
2. SMT. V.SUDHA RANI
W/O V.N.S.PRABAKAR RAO,
AGE:50 YEARS, OCC:HOUSEHOLD.
3. PHANI DEEPTHI
W/O LATE RAM KISHORE,
AGE:30 YEARS, OCC:HOUSEHOLD,
ALL ARE R/O NEELAGOL CAMP,
RAICHUR -584101.
4. MUSTAFA S/O KHASIM SAB
AGE:MAJOR, OCC:LORRY DRIVER,
R/O VIJAYANAGAR COLONY, SIRWAR,
TQ.MANVI, DIST.RAICHUR-584101.
5. NIRMALA DEVI W/O TULJARAM
AGE:MAJOR, OCC:OWNER, RC.HOLDER,
R/O MAHATMA GANDHI COLONY,
NEAR POLICE STATION,
RAICHUR - 585101.
...RESPONDENTS
(BY SRI. SHIVANAND PATIL AND
SRI. VARUN PATIL, ADVOCATES FOR R3;
R1, R2 AND R4 ARE SERVED,
NOTICE TO R5 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 23.12.2016 IN MVC NO.651/2012 PASSED BY
THE I-ADDL. DISTRICT AND SESSIONS JUDGE AT RAICHUR, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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MFA No. 200813 of 2017
C/W MFA No. 200135 of 2017
JUDGMENT
These appeals are filed under section 173(1) of the
MV Act (for short 'the Act') against the judgment and
award dated 23.12.2016 passed in MVC No.651/2012 by
the I Addl. District and Sessions Judge, Raichur.
2. Parties are referred to as per their ranking
before the Tribunal. Appellants in MFA No.200813/2017
are the claimants, respondents are the respondents before
the tribunal.
3. Being aggrieved by the judgment and award
dated 23.12.2016 passed in MVC NO.651/2012, the
claimants filed the appeal in MFA No.200813/2017 seeking
enhancement of compensation and respondent-Insurance
Company has filed the appeal in MFA No.200135/2017,
challenging the liability.
4. Facts giving rise to filing of these appeals are as
under:On 04.08.2012 at about 7.00 a.m., the deceased
and his wife were proceeding to attend the reception of
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their relative in Manvi, on motorcycle bearing registration
No.KA-36/S-7275. The deceased was riding the said
motorcycle at extreme left side and petitioner No.3 was
the pillion rider. On reaching near Ambedkar Circle at
Manvi, the respondent No.1 came by driving the lorry
bearing registration No.KA-36/3355 in a very high speed,
rash and negligent manner and dashed to the backside of
the motorcycle, as a result V.Ram Kishore sustained
severe injuries on his body and he succumbed to the
injuries. The deceased was working in India Bulls Financial
Services Ltd., Corporation and he was drawing salary of
Rs.24,000/- per month. Apart from the salary, the
deceased was earning huge incentives from the employer
which was being paid by his employer in addition to the
salary in SB-Corporate Bank Account. The claimants being
the legal representatives of deceased V.Ram Kishore filed
the claim petition under Section 166 of the Motor Vehicles
Act seeking compensation.
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5. The respondent No.1 filed the written statement
in which the averments made in the claim petition were
denied. It is further contended that, the driver of the
vehicle was having valid and effective driving license as on
the date of the accident and prayed to dismiss the suit.
Respondent No.2 has filed a memo adopting the written
statement filed by respondent No.1. Respondent No.3 has
also filed the written statement denying the averments
made in the petition. It is contended that the accident in
question was due to sole negligence on the part of
deceased V.Ram Kishore who was riding an uninsured
motorcycle and was not possessing the driving license as
on the date of the accident. Hence, prayed to dismiss the
suit.
6. On the basis of the pleadings of the parties, the
Tribunal framed relevant issues for consideration.
7. In order to prove the case, the petitioner No.1
examined himself as PW.1 and petitioner No.3 examined
herself as PW.2 and got exhibited documents namely
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Exs.P1 to P.55. On behalf of the respondent No.3,
Insurance company examined its official as RW.1 and got
marked documents as Exs.R1 to R5. The Tribunal, after
hearing both sides and on the assessment of oral and
documentary evidence allowed the petition in part with
costs and it is ordered that the petitioners are entitled for
compensation of Rs.31,25,552/- from respondent Nos.1 to
3 with interest at the rate of 6% p.a. from the date of
petition till realization of the award amount. In default,
respondent No.3 shall pay penal interest @ 2% p.a. extra
on the award amount and further directed the respondent
No.3 to deposit the entire compensation amount within
one month from the date of award.
8. Being dissatisfied with the compensation
awarded by the Tribunal, the petitioners have filed appeal
in MFA No.200813/2017 seeking enhancement of
compensation and respondent-Insurance Company has
filed appeal in MFA No.200135/2017 challenging the
liability.
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9. Heard, learned counsel for the petitioners and
learned counsel for the respondent-Insurance Company.
10. The learned counsel for the petitioners submits
that, the compensation awarded by the tribunal is on the
lower side. He submits that the deceased was working as
Assistant Manager and drawing gross salary of
Rs.20,667/- per month and after deduction the deceased
was getting net salary of Rs.19,795/- per month. The
tribunal has failed to grant future prospects in view of the
law laid down by the Hon'ble Apex Court in the case of
National Insurance Company Limited vs. Pranay Sethi
and Others reported in AIR 2017 SC 5157. He further
submits that the petitioners have proved that the accident
was occurred due to rash and negligent driving by the driver
of the offending vehicle. Hence, on these grounds he prays
to allow the appeal filed by the petitioners and prays to
dismiss the appeal filed by the respondent-Insurance
Company.
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11. Per contra, the learned counsel appearing for
the respondent/Insurance company submits that V.Ram
Kishore was not the employee of India Bulls Financial
Services Ltd., Corporation and further submits that the
deceased was not possessing valid driving license as on
the date of the accident. She further submits that the
compensation awarded by the tribunal is excess and
exorbitant. Hence, on these grounds prays to allow the
appeal filed by the Insurance Company and dismiss the
appeal filed by the petitioners.
12. Perused the records and considered the
submissions made by the learned counsel for the parties.
13. The points that arises for our consideration are
liability and quantum. In order to prove the claim of the
petitioners, petitioner No.1 was examined as PW.1, has
reiterated the averments in the examination-in-chief.
Further, the petitioners have also produced the certified
copy of FIR which is marked at Ex.P1 and also produced
certified copy of charge sheet which is marked at Ex.P3
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which discloses that the accident was occurred due to rash
and negligent driving by the driver of the offending
vehicle. Further the petitioners have also produced driving
license of the deceased, which is marked as Ex.P7, it
discloses that the deceased V.Ram Kishore was holding
the valid driving license as on the date of the accident.
Hence, the contention of the learned counsel for
respondent No.3 does not hold water in view of Ex.P7. It is
the case of the petitioners that, the deceased V.Ram
Kishore was working as Assistant Manager in India Bulls
Financial Services Ltd., Corporation at its branch office at
Bengaluru and drawing salary of Rs.20,667/- and after
deduction he was getting a net salary of Rs.19,795/-. In
order to establish that the deceased V. Ram Kishore was
employed in India Bulls Financial Services Ltd.,
Corporation have produced salary slips at Exs.P11 to P14,
which discloses that the deceased was drawing gross
salary of Rs.20,667/- and they have also produced bank
statement which discloses that the deceased was getting
salary of Rs.20,667/- per month which is marked as
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Ex.P14. Further the learned counsel for respondent No.3-
Insurance Company has suggested to PW.3 which reads as
under:
"Upon the death of V. Ram Kishore we
had paid service death benefits to his family
members amounting to Rs. 5,00,000/-
(Rupees Five Lakhs only). My employee code
in our organization is 110511."
14. From the said suggestion it is clear that
respondent No.3 has admitted the employment of
deceased V. Ram Kishore in India Bulls Financial Services
Ltd., Corporation at Bengaluru. Further we have perused
the impugned judgment wherein the tribunal while
granting compensation under the head loss of dependency
has failed to grant future prospects as per the law laid
down by the Hon'ble Apex Court in the case of National
Insurance Company Limited vs. Pranay Sethi and
Others reported in AIR 2017 SC 5157. Thus, considering
the pay slips after deduction deceased was getting
Rs.19,795/-. As the deceased was aged about 25 years at
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the time of accident, multiplier of 18 has to be adopted to
the age group of deceased as per the judgment of the
Hon'ble Supreme Court in the case of Sarla Verma vs.
Delhi Transport Corporation reported in (2009) 6 SCC
121. The deceased was getting salary of Rs.19,795/- per
month as on the date of death. To the aforesaid amount,
40% of the said amount has to be added on account of
future prospects in view of the law laid down by the
Constitution Bench of the Supreme Court in the case of
National Insurance Company Limited vs. Pranay Sethi
and Others reported in AIR 2017 SC 5157. Thus, the
monthly income of the deceased comes to Rs.27,713/-.
Out of which, considering that there are three dependents,
We deem it appropriate to deduct 1/3rd of the said income
towards personal expenses of the deceased and therefore,
the monthly income of the deceased comes to Rs.18,476/.
Taking into account the age of the deceased which was 25
years at the time of the accident, multiplier of 18 has to be
adopted as per the judgment of the Hon'ble Supreme
Court in the case of Sarla Verma vs. Delhi Transport
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Corporation reported in (2009) 6 SCC 121. Therefore,
the petitioners are entitled to the sum of Rs.39,90,816/-
(18,476 x 12 x 18) on account of loss of dependency as
against Rs.28,50,552/- awarded by the Tribunal.
15. However, the tribunal has failed to award
compensation under the head loss of consortium. In view
of the law laid down by the Hon'ble Supreme Court in
Magma General Insurance Company Limited vs.
Nanu Ram Alias Chuhru Ram & Others reported in
2018 ACJ 2782, each of the petitioners are entitled for
compensation of Rs.40,000/- under the head of 'loss of
consortium', which comes to Rs.1,20,000/-.
16. In addition, the petitioners are entitled to the
sum of Rs.15,000/- towards funeral expenses and
Rs.15,000/- under the head of loss of estate.
17. Thus, the petitioners are entitled for total
compensation of Rs.41,40,816/- as against Rs.31,25,552/-
awarded by the tribunal. Hence, the claimants are entitled
for enhanced compensation of Rs.10,15,264/-.
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18. In view of the above discussion, We proceed to
pass the following:
ORDER
a) The appeal filed by the petitioners in MFA
Nos.200813/2014 is allowed in part.
b) The appeal filed by the respondent-Insurance
Company in MFA No.200135/2017 is
dismissed.
c) The impugned judgment and award passed by
the Tribunal is modified. The petitioners are
entitled for total compensation of
Rs.41,40,816/- as against Rs.31,25,552/-
awarded by the tribunal. The petitioners are
entitled for enhanced compensation of
Rs.10,15,264/- along with interest at the rate
of 6% per annum from the date of petition till
the date of realization.
d) The respondent No.3-Insurance Company is
directed to deposit the enhanced
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compensation amount within a period of eight
weeks from date of the receipt of certified
copy of this judgment.
e) The amount in deposit shall be transmitted to
the tribunal forthwith.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
