Karnataka High Court
Sameena Begum And Ors vs Mallappa And Anr on 13 November, 2024
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NC: 2024:KHC-K:8546
MFA No. 200369 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 200369 OF 2022 (MV-D)
BETWEEN:
1. SAMEENA BEGUM
W/O LATE ABDUL RAHMAN
AGE 43 YEARS
OCC HOUSEHOLD
2. NAFEESUMMISA
D/O LATE ABDUL RAHMAN
AGE. 17 YEARS
OCC. STUDENT
3. ABDUL QADEER
S/O LATE ABDUL RAHMAN
AGE 17 YEARS
OCC. STUDENT
Digitally signed by 4. BADRUNNISA BEGUM
RENUKA
Location: HIGH
D/O LATE ABDUL RAHMAN
COURT OF AGE 15 YEARS
KARNATAKA OCC. STUDENT
5. ABDUL SAMEE
S/O LATE ABDUL RAHMAN
AGE. 14 YEARS
OCC. STUDENT
APPELLANT NO. 2 TO 5 ARE MINOR
U/G OF HIS NATURAL MOTHER
APPELLANT NO.1
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MFA No. 200369 of 2022
ALL ARE R/O MOHELLA GADI
OPP. MASJID GADI
TQ. CHINCHOLI, DIST. KALABURAGI
...APPELLANTS
(BY SRI. R.J. BHUSARE, ADVOCATE)
AND:
1. MALLAPPA
S/O DEVAPPA BADIGER
AGE. MAJOR
OCC. OWNER OF VEHICLE
REG. NO. KA-32/X-4231
R/O GONDANAHALLI VILLAGE
TQ. CHINCHOLI, DIST. KALABURAGI-585 307
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.LTD
BILAGUNDI COMPLEX
OPP. MINI VIDHANA SOUDHA
MAIN ROAD, KALABURAGI-585 102.
...RESPONDENTS
(BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE FOR R2;
R1 - SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, BY THE
ADVOCATE FOR APPELLANT, PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THE
APPEAL, THE JUDGMENT AND AWARD DATED 05-05-2013
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND MACT AT
CHINCHOLI, IN MVC NO.14/2013, MAY KINDLY BE MODIFIED
BY ENHANCING THE COMPENSATION AS CLAIMED IN THE
CLAIM PETITION AND FIXING THE LIABILITY ON THE
RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2024:KHC-K:8546
MFA No. 200369 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is filed by the appellants who
have questioned the liability and quantum determined by
the Tribunal in MVC.No.14/2013.
2. Appellants who are widow and children of one
Abdul Rahman have filed the claim petition. Appellants
have contended that Abdul Rahman died in a road traffic
accident dated 29.11.2011. While deciding the liability,
the Tribunal was of the view that the driver of the
offending vehicle did not possess driving licence and
accordingly, the claim petition is dismissed against the
Insurance company and the liability is fastened on the
owner. While determining the quantum, the Tribunal
notionally assessed the income of the deceased at
Rs.4,500/- and awarded Rs.6,48,000/-. Under
conventional heads a sum of Rs.2,75,000/- is awarded.
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In all, the Tribunal has awarded a sum of Rs.9,23,000/-
with interest at the rate of 6% per annum.
3. Heard the learned counsel appearing for the
appellants and the learned counsel appearing for the
Insurance Company.
4. FINDING ON LIABILITY:
The issue as to whether the Insurance Company can
be absolved of its primary liability to satisfy the award is
given a quietus by the Full
Bench of this Court in the judgment rendered in the case
of New India Assurance Company Limited Vs.
Yallavva & others1. Absence of valid and effective
driving license will not absolve insurance company from
satisfying award. Therefore, the finding of the Tribunal in
dismissing the claim petition against the Insurance
Company is perverse and contrary to the law laid down by
AIR ONLINE 2020 KAR 986
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the Full Bench of this Court in the judgment cited supra.
The said finding is accordingly, reversed. The liability is
fastened on the Insurance Company with liberty to recover
the same from the owner of the offending vehicle.
5. Insofar as quantum is concerned, this Court is
of the view that the Tribunal having assessed the income
notionally however erred in assessing the income at
Rs.4,500/-. The same appears to be on the lower side. In
the absence of income proof, this Court is inclined to rely
on the income chart prepared by the Legal Services
Authority. The accident is of the year 2011. The income
of the deceased is assessed at Rs.6,000/-. Adding 40%
towards future prospects, the income is taken as
Rs.8,400/-. After deducting 1/4th towards personal
expenses and applying the multiplier of 16, compensation
under the head of loss of dependency is re-determined by
this Court at Rs.12,09,600/-.
6. In all there are five dependants. Accordingly, a
sum of Rs.2,00,000/- is awarded towards loss of
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consortium and Rs.30,000/- towards loss of estate and
funeral expenses. In all, a sum of Rs.2,30,000/- is
awarded under the conventional heads. The accident is
admittedly is of the year 2011. Therefore, additional 10%
escalation for every three years is awarded on
conventional heads by applying the principles laid down in
the case of National Insurance Co. Ltd., vs. Pranay
Sethi and Ors2. Accordingly, Rs.46,000/- is awarded. In
all Rs.2,76,000/- is awarded under conventional heads.
Thus, total compensation re-determined by this Court
works out to Rs.14,85,600/- as against Rs.9,23,000/-
awarded by the Tribunal. The appellants are held entitled
to enhanced compensation of Rs.5,62,600/- with interest
at the rate of 6% per annum from the date of petition till
its realization excluding the delay period.
7. Accordingly, this Court proceeds to pass the
following:
ORDER
2017 ACJ 2700 SC
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(i) The appeal is allowed in part;
(ii) The judgment and award dated passed by
the Tribunal in MVC.14/2013 is hereby
modified;
(iii) The appellants are held entitled to
enhanced compensation of Rs.5,62,600/- with
interest at the rate of 6% p.a. from the date of
petition till the date of realization excluding the
delay period.
(iv) The respondent No.2/Insurance company
shall satisfy the award in the first instance and
thereafter recover the same from the owner of
the offending vehicle.
(v) The apportionment shall be made in terms
of the order of the Tribunal;
(vi) The amount in deposit, if any, shall be
remitted to the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
