Karnataka High Court
Meenakshi And Ors vs Thippanna And Ors on 4 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6676
MFA No. 200010 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200010 OF 2021 (MV-D)
BETWEEN:
1. MEENAKSHI WIFE OF LATE NAGAPPA DASAR,
AGED 49 YEARS, OCC. HOUSEHOLD,
2. VENKATESH S/O LATE NAGAPPA DASAR,
AGED 29 YEARS, OCCU. COOLIE,
3. SHARANAPPA S/O LATE NAGAPPA DASAR,
AGED 20 YEARS, OCC : STUDENT,
ALL R/O.ALLOLLI, TQ. CHITTAPUR,
NOW RESIDING C/O RAVI PUJAR,
NEAR SAI MANDIR, JEWARGI ROAD,
KALABURAGI.
Digitally signed
by SUMITRA
SHERIGAR ...APPELLANTS
Location: HIGH (BY SRI SANJEEV PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THIPPANNAS/O BHEEMANNA TULER,
AGED MAJOR, OCC : OWNER OF HERO
SPLENDOR PLUS MOTOR CYCLE
BEARING REGN NO.KA-32/EL-1980,
R/O. BENAKANAHALLI, TQ. SEDAM,
DIST : KALABURAGI-585222.
2. ICICI LOMBARD GENERAL INSURANCE CO. LTD
NO. 414, VEER SAVARKAR MARG,
-2-
NC: 2024:KHC-K:6676
MFA No. 200010 of 2021
NEAR SIDDHI VINAYAK TEMPLE,
PRABHADEVI, MUMBAI -400 025.
3. MARLING S/O MALLANNA HODED,
AGE : MAJOR, OCC : OWNER OF BAJAJ DISCOVER
DTS MOTOR CYCLE BEARING REG.
NO. KA-32/EB-6327,
R/O. DIGGAON, TQ. CHITTAPUR,
DIST. KALABURAGI-585211.
4. HDFC ERGO GENERAL INSURANCE CO. LTD,
1ST FLOOR, VIRUPAKSHA KRUPA,
OPP. KIMS MAIN GATE, R.B. ROAD,
VIJAYA NAGAR, HUBLI- 580 021.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADV. R2;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R4)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO,
ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION
AMOUNT TO RS.2,07,000/- (EXCLUDING THE AMOUNT
AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST @ 12%
P.A. BY MNODIFYING THE JUDGMENT AND AWARD PASSED BY
LEARNED II ADDL. SENIOR CIVIL JUDGE AND MACT
KALABURAGI DATED 13.11.2019 IN M.V.C.NO.511/2017, BY
FIXING THE ENTIRE LIABILITY OF PAYING COMPENSATION ON
RESPONDENT NO.3, INSTEAD OF FIXING IT ON RESPONDENT
NO.1.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:6676
MFA No. 200010 of 2021
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
The claimants are in appeal challenging the
exoneration of liability of the Insurer and also on the
ground that the sums awarded by the Tribunal are
inadequate.
2. The claimants contend that the deceased was
riding pillion in a motorcycle driven by Nagbushan when it
was hit by another motorcycle being driven by Tippanna
and in this accident he suffered grievous injuries and was
killed. The Tribunal has come to the conclusion that the
accident did occur and both the riders of the motorcycle
were to be blamed for the accident and apportioned the
blame in the ratio of 50:50.
3. Tribunal also exonerated the liability of the
Insurers on the ground that both the riders of the
motorcycle did not possess a driving licence.
NC: 2024:KHC-K:6676
4. In the light of the judgment rendered by the
Full Bench of this Court in the case of New India
Assurance Co., Ltd., vs Yallavva & Another1, in such
cases, which comes within the ambit of breach of policy
conditions, the Insurers would have to pay the
compensation and thereafter proceed to recover the same
from the owner of the offending vehicles.
5. Thus, the order of the Tribunal insofar as the
liability is concerned is modified to this extent.
6. The Tribunal has taken the income of the
deceased at `12,000/- per month based on the salary
certificate and therefore this cannot be found fault with.
However, the Tribunal has not granted future prospects to
the said amount.
7. As per the decision of the Apex Court in the
case of National Insurance Company Limited vs.
Pranay Sethi and Others2, as the deceased was aged
MFA No.30131/2010 - DD : 12.05.2020
(2017) 16 SCC 680
NC: 2024:KHC-K:6676
about 50 years, 30% of the same (`3,600/-) is required to
be added to the said income as future prospects and the
resultant income would thus be `15,600/-.
8. Out of the said sum, 1/3rd of the same
(`5,200/-) would have to be deducted towards personal
expenses of the deceased, as he was survived by his wife
and two children. The net income will be `10,400/-.
9. As the deceased was aged 50 years, as per the
decision rendered by the Hon'ble Supreme Court in the
case of Sarla Verma and others vs. Delhi Transport
Corporation and another3, a multiplier of '13' would
have to be applied.
10. Consequently, the claimants would be entitled
to a sum of `16,22,400/- (`10,400/- x 12 x '13') towards
"loss of dependency" as against `12,48,000/- awarded by
the Tribunal.
(2009) 6 SCC 121
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11. The claimants being the wife and two children
of the deceased, each of them would be entitled to a sum
of `44,000/- towards "loss of consortium" i.e., in all
`1,32,000/- and they would also be entitled to a sum of
`33,000/- under the "conventional heads".
12. Thus, the claimants, in modification of the
impugned award, would be entitled to the following sums :
Sl. Compensation As awarded
Nature of Heads
No. by this Court (`)
1. Loss of Dependency 16,87,400/-
2. Loss of love and affection 1,32,000/-
3. Conventional heads 33,000/-
Total 17,87,400/-
13. Thus, the claimants would be entitled for
compensation of `17,87,400/- as against `13,68,000/-
awarded by the Tribunal, along with interest at the rate of
six per cent per annum from the date of petition till its
realization.
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14. Consequently, appeal is allowed in part and
the finding of the Tribunal regarding liability is modified
and it is held that the insurer shall satisfy the
compensation and thereafter proceed to recover the same
from the owner of the offending vehicle.
15. The amount in deposit, if any, shall be
transferred to the Tribunal for disbursal in terms of the
award.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
