Karnataka High Court
Parvathamma vs The Branch Manager on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45842
MFA No. 640 of 2018
C/W MFA.CROB No. 28 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 640 OF 2018 (MV-D)
C/W
MFA CROSS OBJECTION NO. 28 OF 2023 (MV-D)
IN MFA No. 640/2018:
BETWEEN:
1. THE BRANCH MANAGER
THE NEW INDIA ASSURANCE CO LTD.,
BRANCH OFFICE,
SHIVAMOGGA
REP. BY THE MANAGER,
THE NEW INDIA ASSURANCE CO LTD.,
2ND FLOOR, MAHALAKSHMI CHAMBERS,
9/2, M.G.ROAD, BENGALURU.
Digitally signed ...APPELLANT
by KIRAN (BY SMT. MANJULA .N.TEJASWI., ADVOCATE)
KUMAR R
Location:
HIGH COURT AND:
OF
KARNATAKA
1. SMT. PARVATHAMMA
W/O LATE N NAGARAJ,
AGED ABOUT 42 YEARS,
2. SRI N CHANDRASHEKHARA
S/O LATE N NAGARAJ,
AGED ABOUT 23 YEARS,
3. KUM CHAITRA
D/O LATE N NAGARAJ,
AGED ABOUT 22 YEARS,
-2-
NC: 2024:KHC:45842
MFA No. 640 of 2018
C/W MFA.CROB No. 28 of 2023
ALL ARE R/O HARNAHALLI ROAD,
AYANUR, SHIVAMOGGA TALUK-577211.
4. SRI MUSTAQ AHAMED
S/O ABDUL BASHEER,
AGED ABOUT 34 YEARS,
R/O SAW MILL ROAD,
AYANUR, SHIVAMOGGA TALUK-577211
(OWNER OF TEMPO TRAX LUGGAGE CARRIER
BEARING REGN NO.KA-18-6620).
5. SRI SYED MAZAR @ ABDUL RAOOF
S/O MOAMMED IBRAHIM SAB,
AGED ABOUT 60 YEARS,
R/O CIPLI LINGADAHALLI,
SAGARA TALUK-577401
(DRIVER OF TEMPO TRAX LUGGAGE CARRIER
BEARING REGN NO.KA-18-6620)
...RESPONDENTS
(BY SRI. P.N.HARISH., ADVOCATE FOR R-1 TO R-3;
R-4 SERVED;
VIDE ORDER DATED:06.02.2023, NOTICE TO R-5 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:04.09.2017
PASSED IN MVC NO.56/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE, & JMFC, ADDITIONAL MACT-8, SHIVAMOGGA,
AWARDING COMPENSATION OF RS.6,88,000/- WITH
INTEREST @ P.A. FORM THE DATE OF PETITION ie.,
16.01.2016 TILL REALIZATION.
IN MFA.CROB NO. 28/2023:
BETWEEN:
1. PARVATHAMMA
W/O. LATE N. NAGARAJ,
AGED BOUT 47 YEARS,
2. N. CHANDRASHEKARA
-3-
NC: 2024:KHC:45842
MFA No. 640 of 2018
C/W MFA.CROB No. 28 of 2023
S/O. LATE N. NAGARAJ,
AGED ABOUT 28 YEARS,
3. CHAITRA
D/O. LATE N. NAGARAJ,
AGED ABOUT 47 YEARS,
ALL ARE R/O. HARANAHALLI ROAD,
AYANUR, SHIVAMOGGA TALUK-577 211.
...CROSS OBJECTORS
(BY SRI. P N HARISH., ADVOCATE)
AND:
1. THE BRANCH MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
BRANCH OFFICE,
SHIVAMOGGA-577 201.
REPRESENTED BY THE MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
2ND FLOOR, MAHALAKSHMI CHAMBERS,
9/2, M.G. ROAD, BENGALURU-560 001.
2. MUSTAQ AHAMED
S/O. ABDUL BASHEER,
AGED ABOUT 39 YEARS,
R/O. SAW MILL ROAD, AYANUR,
SHIVAMOGGA TALUK-577 211,
(OWNER OF TEMPO TRAX LUGGAGE CARRIER BERAING
REG. NO. KA-18-6620)
3. SYED MAZAR @ ABDUL RAOF
S/O. MOHAMMED IBRAHIM SAB,
AGED ABOUT 65 YEARS,
R/O. CIPLA, LINGADAHALLI,
SAGAR TALUK-577 401,
(DRIVER OF TEMPO TRAX LUGGAGE CARRIER BEARING
REG. NO. KA-18-6620)
...RESPONDENTS
(BY SMT.MANJULA N.TEJASWI., ADVOCATE)
-4-
NC: 2024:KHC:45842
MFA No. 640 of 2018
C/W MFA.CROB No. 28 of 2023
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22
READ WITH SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:04.09.2017 PASSED IN MVC
NO.56/2016 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL ALONG WITH MFA CROB., COMING ON FOR
FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The insurer is in appeal questioning the award of
Rs.6,88,000/- awarded for the death of N.Nagaraj, who
was traveling in a Tempo Trax luggage carrier as a coolie.
2. The claimants have filed cross objections seeking
enhancement of compensation.
3. It is the case of the Insurer that the Tribunal has
committed an error in taking the income of the deceased
at Rs.4,000/-, since as provided under the Employees'
Compensation Act, it ought to have taken it as Rs.2,000/-
i.e., 50% of Rs.4,000/-. This argument of the insurer, at
the outset, cannot be accepted since the claim petition
was admittedly filed under Section 166 of the Motor
NC: 2024:KHC:45842
Vehicles Act and once the claimant has opted to file a
claim petition seeking compensation under the Motor
Vehicles Act, the question of applying the provisions of
the Employees' Compensation Act would not arise.
4. The other argument of the insurer that only one
employee was covered under the policy and the insurer
had satisfied the compensation in respect of a claim made
by one employee and therefore, its liability came to an
end cannot be accepted. Admittedly, the insured had
issued with an insurance policy for a goods vehicle and in
goods vehicle, it is permissible under Rule 100 of
Karnataka Motor Vehicles Rules, 1989 for employees to
be carried. Since the proviso to Rule 100 of said Rules
permits light transport goods vehicle which weighs more
than 990 kilos to carry three employees and especially
when the laden weight of the vehicle in question in this
appeal is 1785 kilos, the liability of the insurer to the
extent of three employees cannot be denied.
5. In view of the above, since the accident was of the year
2010, it would be appropriate to adopt the notional
income determined by the Karnataka State Legal Services
NC: 2024:KHC:45842
Authority, which would be Rs.5,500/- and since the
deceased was aged 45 years, 25% requires to be added
towards future prospects, which makes the income to be
Rs.6,875/-. Since there are three dependants, 1/3rd has
to be deducted towards personal expenses, which would
be Rs.4,584/-. Thus, the claimants would be entitled to
Rs.7,70,112/- (Rs.4,584 X 12 X 14multiplier).
6. The claimants being the wife and children of N.Nagaraj,
would be entitled to Rs.48,400/- each i.e., in all
Rs.1,45,200/- towards loss of consortium. They would
also be entitled to Rs.36,300/- under conventional
heads.
7. Thus, the claimants would be entitled to Rs.9,51,612/-
as against Rs.6,88,000/- awarded by the Tribunal as
compensation for the death of N.Nagaraj along with
interest at the rate of 6% p.a. from the date of petition
till its realization.
8. The insurer is directed to deposit the amount of
compensation within a period of two months from the
date of receipt of a copy of this judgment.
NC: 2024:KHC:45842
9. The amount in deposit, if any, shall be transferred to the
Tribunal.
10. On deposit being made by the insurer, claimant No.1,
wife of the deceased would be entitled to entire amount
of compensation except Rs.48,400/- each awarded to
claimant No.2 (son) and claimant No.3 (daughter)
towards loss of consortium, which they would be entitled
to withdraw.
11. Out of the amount, which claimant No.1 would be
entitled, 50% shall be invested in fixed deposit with
permission to her to withdraw the accrued interest
monthly/quarterly, and the remaining 50% shall be
permitted to be withdrawn by her.
12. Accordingly, the appeal of the insurer is dismissed, and
the cross-objection of the claimants is allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
