Karnataka High Court
Mahadevappa And Anr vs Hanamanth And Ors on 25 October, 2024
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NC: 2024:KHC-K:7885
MFA No. 200770 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO.200770 OF 2020 (MV-D)
BETWEEN:
1. MAHADEVAPPA
S/O BHUTALI SAPPI,
AGE: 58 YEARS, OCC: COOLIE,
R/O HANCHANAL (SN),
TQ: JEWARGI,
DIST: KALABURAGI-585310.
2. PARWATHI W/O MAHADEVAPPA SAPPI,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O HANCHANAL (SN),
TQ: JEWARGI,
DIST: KALABURAGI-585310.
Digitally signed
by RENUKA
...APPELLANTS
Location: HIGH
COURT OF
KARNATAKA (BY SRI B. K. HIREMATH, ADVOCATE)
AND:
1. HANAMANTH S/O SAIBANNA,
AGE: 30 YEARS, OCC: DRIVER,
R/O HANCHANAL (SN),
TQ: JEWARGI, DIST: KALABURAGI-585310.
2. RAVICHANDRA
S/O CHANMALLAPPA BIRADAR,
AGE: 38 YEARS,
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NC: 2024:KHC-K:7885
MFA No. 200770 of 2020
OCC: BUSINESS & OWNER
OF VEHICLE NO.KA-32/B-5408,
R/O HANCHANAL (SN),
TQ: JEWARGI,
DIST: KALABURAGI-585310.
3. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO.LTD.,
E-8, EPIP RIICO, SITAPURA,
JAIPUR, RAJASTHAN-302022.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R3;
V/O DTD.19.01.2021, NOTICE TO R1 & R2 ARE DISPENSED
WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO, CALL FOR THE RECORDS AND SET ASIDE THE
JUDGMENT PASSED BY THE SENIOR CIVIL JUDGE AND MACT
AT JEWARGI IN MVC NO.558/2013 DATED 12.08.2016 AND
BURDEN TO BE SHIFTED FROM RESPONDENTS NO.1 AND 2 TO
RESPONDENT NO.3 INSURANCE COMPANY AS PER THE ORDER
OF APEX COURT IN MUKUND DEVAGAN'S CASE.
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:7885
MFA No. 200770 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
The appellants, who are the claimants are aggrieved
by the dismissal of the claim petition against the insurance
company and are also aggrieved by inadequate
compensation determined by the Tribunal.
2. The facts leading to the case are as under:
The appellants, who are the parents filed a claim
petition for having lost their son Siddappa @ Siddu in a
road traffic accident dated 04.02.2013. In absence of
income proof, the Tribunal assessed the income of the
deceased notionally at Rs.6,000/- per month and awarded
a sum of Rs.9,72,000/- under the head of loss of
dependency and Rs.60,000/- under the conventional
heads. The Tribunal further dismissed the claim petition
against the insurance company on the ground that the
driver of offending auto had no driving licence and there
was a violation of permit.
NC: 2024:KHC-K:7885
3. Heard the learned counsel on record. Perused
the judgment and award.
Finding on Liability:
4. The issue as to whether the insurance company
is absolved from indemnifying the third party in case of
breach of policy condition is dealt and given a quietus by
the judgment rendered by the Full Bench of this Court in
the case of New India Assurance Company Limited vs.
Yallavva and another1. Though the insurance company
has succeeded in substantiating the breach, however, the
insurance company cannot escape from its liability. The
Full Bench has clearly held that the insurance company is
still liable to indemnify the third party with a liberty to
recover it from the owner of the offending vehicle. In that
view of the matter, the finding on liability is held to be
erroneous and contrary to the law laid down by the Full
Bench of this Court in the judgment cited supra.
AIR ONLINE 2020 KAR 986
NC: 2024:KHC-K:7885
5. In absence of income proof, this Court is of the
view that having regard to the fact that the accident is of
the year 2013, the income of the deceased is assessed at
Rs.7,000/- per month and by adding 40%, the income is
taken at Rs.9,800/- per month. The deceased was a
bachelor, 50% is deducted. The income of the deceased is
assessed at Rs.4,900/- per month and applying a
multiplier of 18, the compensation under the head of loss
of dependency is determined at Rs.10,58,400/-.
6. Under the conventional heads, a sum of
Rs.1,10,000/- is awarded. Since the accident is of the year
2013, by applying the principles of National Insurance
Co. Ltd., Vs. Pranay Sethi2, 10% escalation is awarded
for every three years on conventional heads. Accordingly,
Rs.22,000/- is added to Rs.1,10,000/-. The total
compensation re-determined by this Court works out to
Rs.11,90,400/- as against Rs.10,32,000/-.
(2017) 16 SCC 680
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7. In the light of findings recorded supra, this
Court passes the following:
ORDER
i. The appeal is allowed in part.
ii. The claimants are entitled for enhanced
compensation of Rs.1,58,400/- with
interest at the rate of 6% per annum from
the date of petition till its realization.
iii. The enhanced amount shall be apportioned
in terms of the judgment rendered by the
Tribunal.
iv. Vide order dated 02.02.2021, the
appellants are not entitled to interest for
the delay period of 1230 days on the
enhanced compensation.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT-SW
