Karnataka High Court
The Reliance General Insurance Company ... vs Susheelamma on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 854 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO. 857 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 4673 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 5091 OF 2019
(MV-D)
IN MFA No. 854/2019:
BETWEEN:
1. THE RELIANCE GENERAL INSURANCE
COMPANY LIMITED
OFFICE NO.1 AND 2, 1ST FLOOR
MAGANUR COMMERCIAL COMPLEX
Digitally signed DAVANAGERE-577 001.
by KIRAN
KUMAR R ALSO AT THE RELIANCE GENERAL
Location: HIGH INSURANCE COMPANY LTD.,
COURT OF EAST WING 5TH FLOOR NO.28
KARNATAKA CENTENARY BUILDING, M.G. ROAD,
BENGALURU-560001.
NOW REPRESENTED BY
MANAGER LEGAL
...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. RENUKAMMA
W/O NAGARAJAPPA
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
AGED ABOUT 56 YEARS
HOUSE HOLD WORK
R/O MALLASHETTIHALLI VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
2. USHA M N, W/O MANJUNATH B
AGED ABOUT 36 YEARS,
OCC:HOUSE HOLD WORK
R/O BULLAPURA VILLAGE,
ANAGODU, DAVANAGERE DISTRICT.
3. SUDHA M N, W/O R N SADASHIVA
AGED ABOUT 33 YEARS,
HOUSE HOLD WORK
R/O SIRIGERE ROAD,
HAMPANUR VILLAGE,
CHITRADURGA DISTRICT.
4. M N SUMA, W/O G M AJJAYYA
AGED ABOUT 31 YEARS,
OCC:HOUSE HOLD WORK
R/O VADDINAHALLI HONNUR VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
5. PARASHURAM, S/O CHANDRAPPA
MAJOR OCC:BUSINESS
R/O K R ROAD, 1ST MAIN ROAD,
1ST CROSS AMARAPPANA THOTA
BETHUR ROAD, DAVANAGERE-577 001
...RESPONDENTS
(BY SRI. N R RANGE GOWDA., ADVOCATE FOR R-1 TO R-4;
SRI. P.M.SIDDAMALLAPPA., ADVOCATE FOR R-5)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 19/11/2018,
PASSED IN MVC NO.228/2018, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE & MEMBER, MACT-IV, DAVANAGERE,
AWARDING COMPENSATION OF RS.12,04,000/- TOGETHER
WITH INTEREST @ 8% P.A., FROM THE DATE OF PETITION
TILL ITS REALIZATION.
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
IN MFA NO. 857/2019:
BETWEEN:
1. THE RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
OFFICE NO. 1 AND 2,
1ST FLOOR, MAGANUR COMMERCIAL COMPLEX,
DAVANAGERE-577 001.
ALSO AT THE RELIANCE GENERAL
INSURANCE COMPANY LTD.,
EAST WING, 5TH FLOOR, NO.28,
CENTENARY BUILDING,
M.G. ROAD, BENGALURU-560 001.
NOW REPRESENTED BY MANAGER LEGAL.
...APPELLANT
(BY SRI. ASHOK N PATIL., ADVOCATE)
AND:
1. SUSHEELAMMA
W/O. YALLAPPA,
AGED ABOUT 49 YEARS,
COOLIE WORK,
R/O. NERALIGI VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
2. RENUKAMMA, W/O. BHOGAPPA,
AGED ABOUT 30 YEARS,
COOLIE WORK,
R/O. HUCHAVVANAHALLI VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
3. KUMAR @ Y. NAGARAJ
S/O. YALLAPPA,
AGED ABOUT 28 YEARS,
MASON WORK,
R/O. HARONAHALLI VILLAGE,
HONNALI TALUK, DAVANAGERE DISTRICT.
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
4. PARASHURAM S/O. YALLAPPA,
AGED ABOUT 26 YEARS,
COOLIE WORK,
R/O. NERALIGI VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
5. PRAKASH. M
S/O. MURTHAPPA,
AGED ABOUT 31 YEARS,
R/O. KODAGANUR VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
6. PARASHURAM
S/O. CHANDRAPPA, MAJOR,
R/O. NO. 550/155,
AMARAPPANA THOTA,
BETHUR ROAD, DAVANAGERE-577 001.
...RESPONDENTS
(BY SRI. PRAVEEN.H. FOR SRI. M.R. HIREMATHAD.,
ADVOCATE FOR R-1 TO R-4;
SRI. P.M.SIDDAMALLAPPA., ADVOCATE FOR R-5 & R-6)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 19/11/2018,
PASSED IN MVC NO.172/2018, ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT-IV,
DAVANGERE, AWARDING COMPENSATION OF RS.7,99,000/-
WITH INTEREST @ 8% P.A., FROM THE DATE OF PETITION
TILL ITS REALIZATION.
IN MFA NO. 4673/2019:
BETWEEN:
1. SMT, SUSHEELAMMA
W/O YALLAPPA, AGE 49 YEARS
OCC: COOLIE
R/O NERLIGI VILLAGE,
DAVANGERE TALUK AND DISTRICT - 577002.
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
2. SMT RENUKAMMA
W/O BHOGAPPA, AGED ABOUT 30 YEARS
OCC: COOLIE
R/AT HUCHAVVANAHALLI VILLAGE
DAVANGERE TALUK & DISTRICT - 577002.
3. SRI KUMAR @ Y. NAGARAJ
S/O YALLAPPA, AGED ABOUT 28 YEARS
MASON WORK
R/O HARONAHALLI VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT - 577002.
4. SRI PARASHURAM S/O YALLAPPA,
AGED ABOUT 26 YEARS, OCC: COOLIE
R/O NERLIGI VILLAGE, DAVANGERE TALUK
AND DISTRICT - 577002.
...APPELLANTS
(BY SRI. PRAVEEN.H., FOR SRI. M R HIREMATHAD.,
ADVOCATE)
AND:
1. PRAKASH M
S/O MURTHAPPA
AGED ABOUT 31 YEARS
DRIVER OF TATA /SFC 407, 3 STAR VEHICLE,
BEARING NO KA- 17/C-2479,
R/O KODAGANUR VILLAGE,
DAVANAGERE TALUK AND DISTRICT - 577002.
2. PARASHURAM
S/O CHADNRAPPA
AGED ABOUT MAJOR YEARS
OWNER OF TATA /SFC 407, 3 STAR VEHICLE
BEARING NO -550/155,
AMARAPPANA THOTA BETHUR RAOD,
DAVANAGERE - 577002.
3. THE MANAGER
RELIANCE GENERAL INSURANCE COMPANY LTD
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
OFFICE NO 1 & 2, 1ST FLOOR,
MAGANUR COMMERCIAL COMPLEX,
DAVANGERE - 577002
...RESPONDENTS
(BY SRI. B.PRADEEP., ADVOCATE FOR R-3;
VIDE ORDER DATED 30.05.2024, NOTICE TO R-1 &
R-2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.11.2018
PASSED IN MVC NO.172/2018 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 5091/2019:
BETWEEN:
1. RENUKAMMA
W/O NAGARAJAPPA,
R/O MALLASHETTIHALLI VILLAGE,
DAVANAGERE TALUK AND DISTRICT.
2. USHA M N
W/O MANJUNATH B
R/O BULLAPURA VILLAGE, ANAGODU,
DAVANAGERE DISTRICT.
3. SUDHA M N
W/O R.N. SADASHIVA,
R/O SRIGERE ROAD,
HAMPANUR VILLAGE,
CHITRADURGA DISTRICT.
4. M.N. SUMA
W/O G.M. AJJAYYA,
R/O VADDINAHALLI,
HONNUR VILLAGE,
DAVANAGERE TALUK AND DISTRICT
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NC: 2024:KHC:44477
MFA No. 854 of 2019
C/W MFA No. 857 of 2019
MFA No. 4673 of 2019
AND 1 OTHER
CHITRADURGA DISTRICT-577599
...APPELLANTS
(BY SRI. RANGEGOWDA N R., ADVOCATE)
AND:
1. PARASHURAM
S/O CHANDRAPPA,
AGED MAJOR,
R/O K.R. ROAD, 1ST MAIN, 1ST CROSS,
AMARAPPANA THOTA,
BETHUR ROAD, DAVANAGERE.
2. THE DIVISIONAL MANAGER
THE RELIANCE GENERAL INSURANCE COMPANY LTD.,
NO.1 AND 2, 1ST FLOOR, MAGANUR,
COMMERCIAL COMPLEX,
DAVANAGERE.
...RESPONDENTS
(VIDE ORDER DATED:07.11.2023, NOTICE TO R-1 IS
HELF SUFFICIENT;
SRI. ASHOK.N.PATIL, ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.11.2018
PASSED IN MVC NO.228/2018 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE & MEMBER, MACT-IV, DAVANGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The Insurer as well as the claimants are in appeal.
NC: 2024:KHC:44477
AND 1 OTHER
2. According to the claimants, the accident occurred on
28.09.2017 when Nagarajapa and Yallappa were traveling
in a motorcycle and was hit by a lorry bearing registration
No.KA17 C 2479. It was the case of the claimants that as
a result of the accident, both Nagarajappa (the rider of the
motorcycle) and Yallapa, (the pillion rider) were killed on
the spot and they, being their legal representatives, were
entitled for compensation.
3. The claim petitions were resisted by the insurer on
the ground that the complaint, on the basis of which a FIR
was registered, referred to the lorry bearing registration
No.KA17 C 2474 whereas, according to the claimants, the
deceased were hit by the lorry bearing registration
No.KA17 C 2479 and, therefore, it was abundantly clear
that some other lorry was the cause of the accident and
not the lorry that the insurer had insured i.e., lorry
bearing registration No.KA17 C 2479.
NC: 2024:KHC:44477
AND 1 OTHER
4. The Tribunal has taken the view that a charge sheet
was admittedly laid against the driver of the lorry bearing
registration No.KA17 C 2479 and, therefore, the argument
of the insurer could not be accepted. In my view, this
reasoning of the Tribunal cannot be found fault with.
5. It is also to be noticed that when the insurer took up
the contention that the lorry bearing registration No.KA17
C 2474 was the cause of the accident, it ought to have
established this plea by summoning the owner of the said
lorry or adduced evidence to show that the lorry bearing
registration No.KA17 C 2474 was involved in the accident.
Admittedly, there is no such evidence adduced by the
insurer. In that view of the matter, there is no merit in the
appeals of the insurer and their appeals are therefore
dismissed. The amount in deposit in the said appeals
shall be transferred to the Tribunal.
6. As far as compensation in respect of rider of the
motorcycle i.e., Nagarajappa's death is concerned, the
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AND 1 OTHER
Tribunal has determined the notional income at Rs.9,000/-
as there was no proof of actual income. In such
circumstance, it would be appropriate to adopt the
notional income determined by the Karnataka State Legal
Services Authority, which, for the accident of the year
2017, would be Rs.11,000/-.
7. As regards the age of the deceased, the Tribunal has
taken into consideration the post mortem report which
indicated it as 50 years, the ration card which indicated it
as 45 years and the averments in the claim petition, which
indicated it as 50 years and has come to the conclusion
that the deceased was aged 45 years. In my view, since
the ration card which was issued in the year 2009
indicated that the claimant was 45 years and this
document related to the period eight years prior to the
accident, it would be safe to adopt said age. As a result,
the age of the deceased Nagarajappa has to be considered
as 53 years. Accordingly, the multiplier to be adopted
would be "11".
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AND 1 OTHER
8. As it is now held that the deceased was aged 53
years as on the date of the accident, 10% future prospects
requires to be added to the notional income, which makes
his income to be Rs.12,100/-.
9. Since the claimants are the wife and children of
deceased and that the children of deceased are married, it
would be appropriate to deduct only 1/3rd towards
personal expenses. Accordingly, if 1/3rd is deducted, the
income of the deceased would be Rs.8,067/-. Thus, the
claimants would be entitled to Rs.10,64,844/-
(Rs.8,067/- X 12 X 11) towards loss of dependency.
10. The claimants being the wife and children of the
deceased Nagarajappa, each would be entitled to
Rs.48,400/- i.e., in all, Rs.1,93,600/- towards loss of
consortium. The claimants would also be entitled to
Rs.36,300/- under conventional heads.
11. Thus, in all, claimants would be entitled to
Rs.12,94,744/- as against Rs.12,04,000/- awarded by
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NC: 2024:KHC:44477
AND 1 OTHER
the Tribunal along with interest at 6% p.a. on the
enhanced compensation from the date of petition till its
realization.
12. The Insurer is directed to deposit the amount of
compensation within a period of two months from the date
of receipt of this judgment.
13. On the deposit being made by the Insurance
Company, claimant No.1, being the wife of deceased,
would be entitled to the entire amount of compensation
(excluding the portion of Rs.1,45,200/- which the
claimants 2 to 4 i.e., the children of Nagarajappa would be
entitled) and out of this sum, 60% of the amount shall be
invested in a fixed deposit in any Nationalized bank with
permission to claimant No.1 to withdraw
monthly/quarterly interest accrued and remaining 40%
shall be permitted to be withdrawn by her.
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AND 1 OTHER
14. The claimants 2 to 4 would each be entitled only to
the sum of Rs.48,400/- and they are permitted to
withdraw the same.
15. The appeal filed by the claimants i.e., the legal
representatives of deceased Nagarajappa is accordingly
allowed in part.
16. As far as compensation in respect of pillion rider of
the motorcycle i.e., Yallappa's death is concerned, the
Tribunal has determined the notional income at Rs.9,000/-
as there was no proof of actual income. In such
circumstance, it would be appropriate to adopt the
notional income determined by the Karnataka State Legal
Services Authority, which, for the accident of the year
2017, would be Rs.11,000/-.
17. As regards age of the deceased, the Tribunal has
taken into consideration the post mortem report which
indicated it as 50 years and the ration card which indicated
it as 56 years and has come to the conclusion that the
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AND 1 OTHER
deceased was 56 years as on the date of the accident
since the claimants had not produced any other document
to show the age of the deceased as 50 years. In my view,
since the claimants had failed to prove the age of the
deceased as 50 years, the Tribunal was justified in
assessing the age of the deceased as 56 years based on
the ration card. Accordingly, the multiplier to be adopted
would be "9".
18. As it is now held that the deceased was aged 56
years as on the date of the accident, 10% future prospects
requires to be added to the notional income, which makes
his income to be Rs.12,100/-.
19. Since the claimants are the wife and children of
deceased and that the children of deceased are married, it
would be appropriate to deduct only 1/3rd towards
personal expenses. Accordingly, if 1/3rd is deducted, the
income of the deceased would be Rs.8,067/-. Thus, the
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AND 1 OTHER
claimants would be entitled to Rs.8,71,236/- (Rs.8,067/-
X 12 X 9) towards loss of dependency.
20. The claimants, being the wife and children of the
deceased Yallappa, would each be entitled to Rs.48,400/-
i.e., in all, Rs.1,93,600/- towards loss of consortium. The
claimants would also be entitled to Rs.36,300/- under
conventional heads.
21. Thus, in all, claimants would be entitled to
Rs.11,01,136/- as against Rs.7,99,000/- awarded by the
Tribunal along with interest at 6% p.a. on the enhanced
compensation from the date of petition till its realization.
22. The Insurer is directed to deposit the amount of
compensation within a period of two months from the date
of receipt of the judgment.
23. On the deposit being made by the Insurance
Company, claimant No.1, being the wife of deceased,
would be entitled to the entire amount of compensation
(excluding the portion of Rs.1,45,200/- which the
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AND 1 OTHER
claimants 2 to 4 i.e., the children of Yallappa would be
entitled) and out of this sum, 60% of the amount shall be
invested in a fixed deposit in any Nationalized bank with
permission to claimant No.1 to withdraw
monthly/quarterly interest accrued and remaining 40%
shall be permitted to be withdrawn by her.
24. The claimants 2 to 4 would each be entitled only to
the sum of Rs.48,400/- and they are permitted to
withdraw the same.
25. The appeal filed by the claimants i.e., the legal
representatives of deceased Yallappa is accordingly
allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
