Karnataka High Court
Laxmibai W/O Late Varshukethrao And Ors vs Kapil S/O Digambar Rao Mankariand Anr on 6 November, 2024
-1-
NC: 2024:KHC-K:8132
MFA No. 202625 of 2019
C/W MFA No. 204004 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202625 OF 2019 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 204004 OF 2023
IN MFA NO. 202625/2019
BETWEEN:
1. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.
BR. OFFICE, VEERABHADRESHWAR CHAMBER
D.NO. 810-135/1&1A
OPP. NEHRU STADIUM BIDAR
NOW REPRESENTED BY
THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY
DIVISIONAL OFFICE, BILGUDI COMPLEX
STATION ROAD, OPP: MINI VIDHAN SOUDHA
KALABURAGI-585 101.
Digitally signed by ...APPELLANT
RENUKA
Location: HIGH
COURT OF (BY SRI. SANJAY M. JOSHI, ADVOCATE)
KARNATAKA
AND:
1. SMT. LAXMIBAI
W/O LATE VARSHUKETHRAO
AGE: 40 YRS, OCC: HOUSEHOLD.
2. NAVANATH S/O VARSHUKETHRAO
AGE: 21 YRS, OCC: STUDENT.
3. SHRUTI D/O VARSHUKETHRAO
AGE: 20 YRS, OCC: STUDENT.
-2-
NC: 2024:KHC-K:8132
MFA No. 202625 of 2019
C/W MFA No. 204004 of 2023
4. NILAWATI W/O VAIJINATHRAO
AGE: 57 YRS, OCC: HOUSEHOLD.
5. VAIJINATHRAO S/O HAIBATHRAO
AGE: 64 YRS, AGRICULTURE
R/O: VILLAGE RAJNAAL
TQ: & DIST: BIDAR-585 401.
6. KAPIL S/O DIGAMBAR RAO MANKERI
AGE: MAJOR, OCC: BUSINESS
R/O: AMBE SANGHAVI, TQ & DIST: BIDAR
OWNER OF T.T. UNIT-585 401.
...RESPONDENTS
(BY SRI. RAVI B. PATIL, ADVOCATE FOR R1 TO R5;
R6 - SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN IMPUGNED JUDGMENT
AND AWARD IN MVC NO.548/2017 DATED-03.04.2019 OF THE
ADDL. SENIOR CIVIL JUDGE, AND ADDL. MACT, BIDAR,
AWARDING RS.12,12,416/- WITH INTEREST THEREON AT 9%
AND SETASIDE THE JUDGMENT AND AWARD AGAINST THE
APPELLANT INSURANCE COMPANY AND IF THE SAID PRAYER
US FOR ANY REASON REJECTED ALTERNATIVELY IT IS PRAYED
THAT THE SAID JUDGMENT AND AWARD BE KINDLY MODIFIED
BY RESTRICTING THE LIABILITY UPON THE OWNER OF
INSURED VEHICLE RESPONDENT NO.6 HEREIN AND THE
APPELLANT INSURANCE COMPANY TO BE LIABLE TO PAY ONLY
50% OF RS.12,12,416/- BY HOLDING THE REMAINING
LIABILITY TO BE BORNE BY THE RIDER, OWNER AND INSURER
OF THE MOTOR CYCLE KA-39/K-0448 LIABITY THE AWARDED
COMPENSATION WHICH IS IF RS.6,06,208/- AND FURTHER IT
BE HELD THAT THE APPELLANT INSURANCE COMPANY BE
ENTITLED TO RECOVER THE COMPENSATION PAID BY IT FROM
THE ORIGINAL RESPONDENT NO.2 NOW RESPONDENT NO.6
AND APPELLANT TO BE ENTITLED TO RECOVER THE SAID
COMPENSATION WITH INTEREST THEREON FROM THE OWNER
OF INSURED VEHICLE RESPONDENT NO.6 HEREIN THE
-3-
NC: 2024:KHC-K:8132
MFA No. 202625 of 2019
C/W MFA No. 204004 of 2023
INTEREST AMOUNT MAY BE ALSO REDUCED FROM THE
INTEREST AWARDED 9% TO 6% P.A., IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO. 204004/2023
BETWEEN:
1. SMT. LAXMIBAI
W/O LATE VARSHUKETHRAO
AGE: 44 YRS, OCC: HOUSEHOLD.
2. NAVNATH S/O LATE VARSHUKETHRAO
AGE: 25 YRS, OCC: STUDENT.
3. SHRUTI D/O VARSHUKETHRAO
AGE: 24 YRS, OCC: STUDENT.
4. NILAVATI W/O VAIJINATHRAO
AGE: 61 YRS, OCC: HOUSEHOLD.
5. VAIIJINATHRAO S/O HAIBATHRAO
AGE: 64 YRS, AGRICULTURE
ALL ARE R/O: VILLAGE RAJNAL
TQ: & DIST: BIDAR-585 401.
...APPELLANTS
(BY SMT. VEERANI, ADVOCATE)
AND:
1. KAPIL S/O DIGAMBAR RAO MANKARI
AGE: MAJOR, OCC: BUSINESS
R/O: AMBE SANGHAVI, TQ BHALKI
DIST: BIDAR-585 401.
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO. LTD.
C/O VEERBHADRESHWARA CHAMBERS
-4-
NC: 2024:KHC-K:8132
MFA No. 202625 of 2019
C/W MFA No. 204004 of 2023
D.NO. 8-10-135/1 & 1A
OPP. NEHRU STADIUM, BIDAR-585 401.
...RESPONDENTS
(BY SRI. SANJAY M. JOSHI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O/D 12.01.2024)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN MVC NO.548/2017 ON THE
FILE OF ADDL. SENIOR CIVIL JUDGE, & MACT, AT BIDAR,
MODIFY THE JUDGMENT AND AWARD DATED 03.04.2019 IN
MVC NO. 548/2017 PASSED BY THE ADDL. SENIOR CIVIL
JUDGE AND ADDL. MACT AT BIDAR BY ALLOWING THE
PRESENT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
These two appeals are by the Insurance company
and claimants respectively. MFA.No.202625/2019 is filed
by the Insurance company questioning the liability and
quantum, whereas MFA.No.204004/2023 is filed by the
claimants seeking enhancement of compensation.
NC: 2024:KHC-K:8132
2. Heard learned counsel appearing for the
Insurance company and learned counsel appearing for the
claimants. Perused the records.
3. Insofar as liability is concerned, the issue has
been conclusively settled by the judgment rendered by a
coordinate Bench of this Court in MFA.No.201316/2023. In
this decision, the coordinate Bench affirmed the findings of
the Tribunal, which had, while addressing issue Nos.1 and
2, held that the driver of the tractor and trailer involved in
the accident was solely responsible for the incident. By
answering these issues in the affirmative, the Tribunal
clearly established that all liability rested with the driver of
the offending vehicle. This connected MFA arises from the
same accident, and as a result, the question of liability
remains resolved in line with the Tribunal's findings and
the affirmation by the coordinate Bench, leaving no further
scope for dispute on this matter.
NC: 2024:KHC-K:8132
4. In the light of the judgment rendered by the
coordinate Bench of this Court on liability, no further
indulgence is warranted.
5. Now coming to quantum, the Tribunal notionally
assessed the income of the deceased at Rs.7,000/-. This
Court is of the view that Tribunal erred in notionally
assessing the income of the deceased at Rs.7,000/-. In
absence of income proof, this Court is compelled to assess
the income of the deceased by relying on the chart
prepared by the Legal Services Authority. Having regard
to the fact that the accident is of the year 2017, the
income is notionally assessed at Rs.10,250/- and if 25%
future prospects is added, the income is assessed at
Rs.12,812.5/- After deducting 1/4th, the income is taken
at Rs.9,609.37/- and by applying the multiplier of 14, the
compensation payable under the head 'loss of dependency'
works out to Rs.16,14,375/- (9609.37x12x14).
6. Since there are five dependents, a sum of
Rs.2,00,000/- is awarded under the head 'loss of
NC: 2024:KHC-K:8132
consortia' and a sum of Rs.30,000/- towards loss of estate
and funeral expenses. In all, under conventional heads, a
total sum of Rs.2,30,000/- is awarded. The accident is of
the year 2017 and therefore, 10% escalation for a period
of six years for every three years which works out to
Rs.46,000/- is added in the light of the dictum laid down
by the Hon'ble Apex Court in the case of National
Insurance Co. Ltd., vs. Pranay Sethi and Ors.1. The
total compensation re-determined by this Court works out
to Rs.18,90,375/- as against Rs.12,12,416/- awarded by
the Tribunal.
7. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The appeal filed by the claimants in
MFA.No.204004/2023 and the appeal filed by
the Insurance company in MFA.No.202625/2019
are allowed in part;
2017 ACJ 2700 SC
NC: 2024:KHC-K:8132
(ii) The judgment and award passed by the
Tribunal in MVC.No.548/2017 is modified;
(iii) The claimants are entitled to enhanced
compensation of Rs.6,77,959/- which shall carry
interest at the rate of 6% per annum from the
date of petition till realization;
(iv) The apportionment shall be made in
terms of the order of the Tribunal;
(v) The amount in deposit, if any, shall be
forthwith remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
