Karnataka High Court
The Divisional Manager vs Prakash Basappa Alagodi on 5 September, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 20595 of 2013
C/W MFA No. 20596 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 20595 OF 2013
C/W MISCELLANEOUS FIRST APPEAL NO. 20596 OF 2013
IN MFA NO.20595/2013
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO, LTD.
REP: THE DEPUTY MANAGER,
NATIONAL INSURANCE CO. LTD.
REGIONAL OFFICE, KESUGAL ROAD, HUBLI.
...APPELLANT
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
AND:
1. SMT. BASAVANNEVVA W/O. BASAPPA ALAGODI,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O : KALLAPUR SHIRASANGI, TAL : SAUDATTI,
DIST: BELGAUM.
2. SHRI. KALLAPPA BASAPPA ALAGODI,
AGE: 39 YEARS, OCC: AGRICULTURE,
BHARATHI R/O: KALLAPUR SHIRASANGI, TAL:SAUDATTI,
HM DIST: BELGAUM.
3. SHRI. LAXMAN S/O. BASAPPA ALAGODI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: KALLAPUR SHIRASANGI,
TAL : SAUNDATTI, DIST: BELGAUM.
HIGH
COURT OF 4. SHRI. PRAVEEN S/O. BASAPPA ALAGODI,
KARNATAKA
AGE: 39 YEARS,OCC: AGRICULTURE,
R/O: KALLAPUR SHIRASANGI, TAL: SAUDATTI,
DIST: BELGAUM.
5. SHRI. PRAKASH S/O. BASAPPA ALAGODI,
AGE: 39 YEARS,OCC:AGRICULTURE,
R/O:KALLAPUR SHIRASANGI,
TAL : SAUDATTI, DIST: BELGAUM.
6. SHRI. MURAGESH KALAKAPPA HARTI,
AGE: MAJOR, OCC: BUSINESS,
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MFA No. 20595 of 2013
C/W MFA No. 20596 of 2013
R/O: YAMANPETH, RAMDURG,
TAL : RAIBAG, TAL:RAIBAG, DIST: BELGAUM.
...RESPONDENTS
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1 TO R5;
R6-SERVED)
THIS MFA FILED U/SEC.173(1) OF MV ACT, PRAYS TO CALL
FOR RECORDS IN CASE MVC NO.418/2011, ON THE FILE OF SENIOR
CIVIL JUDGE AND ADDL. MACT, SAUNDATTTI AND SET ASIDE THE
JUDGMENT AND AWARD DATED 27.11.2012 BY ALLOWING THIS
APPEAL WITH COST.
IN MFA NO.20596/2013
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD,
REP BY THE DEPUTY MANAGER,
NATIONAL INSURANCE CO, LTD.
REGIONAL OFFICE KESUGAL ROAD, HUBLI.
...APPELLANT
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
AND:
1. SHRI. PRAKASH BASAPPA ALAGODI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: KALLAPUR SHIRASANGI, TAL : SAUDATTI,
DIST: BELGAUM.
2. SHRI. MURAGESH KALAKAPPA HARTI,
AGE: MAJOR, OCC :BUSINESS,
R/O : YAMANPETH, RAMDURG,
TAL : RAIBAG, DIST: BELGAUM.
...RESPONDENTS
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1;
R2- SERVED BUT UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT, PRAYS TO CALL FOR
RECORDS IN CASE MVC NO.419/2011, ON THE FILE OF SENIOR
CIVIL JUDGE & ADDL. MACT, SAUNDATTI AND SET ASIDE THE
JUDGMENT AND AWARD DATED 27.11.2012 BY ALLOWING THIS
APPEAL WITH COST.
THESE APPEALS COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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MFA No. 20595 of 2013
C/W MFA No. 20596 of 2013
ORAL JUDGMENT
MFA No.20595/2013 is filed by the insurance
company challenging the quantum of compensation
awarded in MVC No.418/2011. MFA No.20596/2013 is filed
by the insurance company challenging the quantum of
compensation awarded in MVC No.419/2011. Both the
appeals are filed by the insurance company challenging
the quantum of compensation awarded in the judgment
dated 27.11.2012 passed in MVC Nos.418/2011 and
419/2011.
2. The facts in brief of petitioners case in both the
petitions is that, on 14.12.2009, the deceased Basappa
Mahadevappa Alagodi was travelling on a motor bike
bearing its registration No.KA-24/J-389 driven by his son
Prakash Basappa Alagodi from Shirasangi towards
Saundatti for the purpose of marketing. The deceased
Basappa was a pillion rider and the petitioner in MVC
No.419/2011 was riding the motor bike in a moderate
speed. At about 1:10 pm., one and half kilometers away
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from Hoolikatti cross, on Shirasangi - Hoolikatti road, a
Maruti Van bearing its Reg. No.KA-25/P-4250 came from
opposite direction in a rash and negligent manner and
dashed to the motorcycle of the petitioner and caused the
accident. Due to the impact, both the riders of motor bike
sustained grievous injuries all over their body. The driver
of the said Maruti Omni Van left the vehicle on the road
and ran away from the scene. Immediately, the injured
were shifted to Government Hospital, Saundatti.
Thereafter, the deceased Basappa was shifted to SDM
Hospital, Dharwad, wherein he was inpatient from
14.12.2009 to 01.01.2010 and on 02.01.2010, he
breathed his last during the course of treatment due to the
injuries sustained in the accident. After postmortem, the
body was handed over to the petitioners in MVC
No.418/2011, who conducted funeral ceremony by
spending huge amount.
3. The petitioner in MVC No.419/2011 contended
that he also sustained grievous injures in the said accident
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and he took treatment at Government Hospital, Saundatti
and later he took treatment at SDM Hospital, Dharwad as
indoor patient. He underwent operation and skin grafting.
He spent more than Rs.5,00,000/- and not yet recovered
fully. He is still in need of more money for his future
medical expenses. He suffered cent percent disability due
to the accidental injuries and he has to live with the said
disability throughout his life.
4. The petitioners in MVC No.418/2011 contended
that they spent more than Rs.4,00,000/- towards medical
expenses of the deceased and Rs.50,000/- towards ritual
ceremonies. According to petitioners, the deceased was
having 65 acres of irrigated land and he was having
income of more than Rs.5,00,000/- per annum. Due to the
untimely death of the bread earner of the family, the
petitioners are suffering mentally, physically and
financially. The petitioner in the connected matter also
contended that he was a student of II year PUC and he
had applied for the licence of contract business and he was
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a contractor by profession. He lost earning of more than
Rs.4,00,000/- per year due to the accidental injuries. He
was having share of more than Rs.2,50,000/- per annum
from agriculture income. Due to the accidental injuries, he
is not in a position to do any avocation. Therefore, he
claimed compensation of Rs.22,00,000/- under different
heads and the petitioners in MVC No.418/2011 sought for
Rs.23,00,000/- under different heads.
5. The legal heirs of the deceased are claiming
compensation. The tribunal after recording the evidence
and perusing the material on record has awarded the
compensation.
6. The tribunal has awarded compensation in MVC
No.418/2011 as under:
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1. Towards loss of dependency Rs. 5,94,000-00
2. Towards loss of consortium Rs. 10,000-00
3. Towards loss of estate Rs. 10,000-00
4. Towards medical expenses Rs. 35,000-00
5. Towards funeral expenses Rs. 5,000-00
6. Towards transportation of Rs. 5,000-00
dead body
Total Rs. 6,59,000-00
7. The tribunal has awarded compensation in MVC
No.419/2011 as under:
1. Towards loss of future Rs. 3,88,800-00
income due to disability
2. Towards pain and suffering Rs. 1,00,000-00
3. Towards loss of amenities in Rs. 1,00,000-00
life
4. Towards medical expenses Rs. 3,64,426-00
5. Towards food conveyance Rs. 50,000-00
and other incidental charges
Total Rs. 10,03,226-00
8. The insurance company has challenged the
quantum of compensation awarded in both the petitions.
9. Heard the learned counsel for appellant -
insurance company and learned counsel for respondents.
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10. Learned counsel for insurance company would
contend that without any basis, the tribunal has taken the
income of the deceased at Rs.6,000/- per month and as
per chart prepared for Lok-Adalat, for the year 2009, the
notional income fixed is Rs.5,000/-. He contends that the
four legal heirs of the deceased are his major sons and
they are not the dependents and therefore, the deduction
towards the personal expenses had to be taken at 1/3rd.
11. The learned counsel for appellant - insurance
company would contend that the tribunal has taken the
income of the injured - claimant at Rs.6,000/- per month
but, as per the chart prepared by the Lok-Adalat for the
year 2009, the notional income is fixed to Rs.5,000/- per
month and the tribunal ought to have taken the same. He
further submits that the Doctor has stated the disability at
30% and the tribunal ought to have taken 10% disability
of the whole body but, it has only taken the disability at
30%. The compensation awarded for pain and suffering,
loss of amenities, conveyance and incidental charges are
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on the higher side, with this he prayed to allow the
appeals.
12. Learned counsel for the legal heirs of deceased
would contend that the deceased was an agriculturist,
having 65 acres of agricultural land and the record of
rights of the lands are produced at Ex.P.121 and Ex.P.122.
The tribunal considering the said aspect has rightly taken
the income of the deceased at Rs.6,000/- per month. He
contends that the injured was working as a contractor and
the certificate has been produced at Ex.P.168 to that
effect. The tribunal has therefore taken the income of the
injured at Rs.6,000/- per month and it is proper and
correct. He contends that even the major sons of the
deceased are dependents and they are also entitled for
compensation, with this he prayed to dismiss both the
appeals.
13. Having heard the learned counsels, the Court
has perused the impugned judgment and award and the
other materials placed on record.
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MFA No.20595/2013 (MVC No.418/2011):
14. The claimants are the widow and four major
sons of the deceased. The learned counsel for the
appellant - insurance company would contend that the
four sons of the deceased are major and they are not the
dependents and therefore they are not entitle for
compensation and the deduction towards personal
expenses has to be taken at 1/3rd of the income of the
deceased. The coordinate Bench of this Court in the case
of Reliance General Insurance Company Limited,
Hubli Vs. Gangappa and Others1 placed reliance on the
judgment of the Hon'ble Apex Court in the case of
Smt.Manjuri Bera Vs. The Oriental Insurance
Company Limited and Another - (Civil Appeal
No.1702/2007) decided on 30.03.2007 has held that
even the major, married and earning sons of the deceased
being legal representatives have a right to apply for
compensation irrespective of the fact whether legal
ILR 2023 KAR 311
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representatives was fully dependant on the deceased and
not to limit the claim towards conventional heads only.
15. In view of the same, the four major sons of the
deceased were also entitled for compensation. As there
are five dependents of the deceased, the deduction
towards the personal expenses is at 1/4th as rightly
deducted by the tribunal.
16. The deceased was an agriculturist and he was
owing 65 acres of irrigated land, the record of rights of the
lands are at Ex.P.121 and Ex.P.122. Considering the said
aspect, the tribunal has rightly taken the income of the
deceased at Rs.6,000/- per month. Therefore,
compensation towards loss of dependency is (6,000 -
1,500 = 4,500 x 12 x 11) Rs.5,94,000/-.
17. The tribunal has awarded Rs.10,000/- towards
loss of consortium as the claimants are the widow and four
sons of the deceased are entitled for consortium of
(40,000 x 5) Rs.2,00,000/-. The claimants are entitled to
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loss of estate of Rs.15,000/- and transportation of the
dead body and funeral expenses at Rs.15,000/-. The
tribunal has rightly awarded medical expenses of
Rs.35,000/-. In view of the above, the claimants are
entitled for compensation as under:
1. Towards loss of dependency Rs. 5,94,000-00
2. Towards loss of consortium Rs. 2,00,000-00
3. Towards loss of estate Rs. 15,000-00
4. Towards medical expenses Rs. 35,000-00
5. Towards funeral expenses Rs. 15,000-00
and transportation of dead
body
Total Rs. 8,59,000-00
MFA No.20596/2013 (MVC No.419/2011):
18. The injured is aged 32 years and he is doing
agricultural and contract work. The certificate of
registration is at Ex.P.169. Considering the said aspect,
the tribunal has rightly taken the income of the injured -
claimant at Rs.6,000/- per month. The injured has
sustained the fracture of tibia and fibula. The Doctor who
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has been examined as PW.3 has deposed that the injured
has sustained 30% of disability. Ex.P.159 is a disability
certificate issued by the said Doctor. The tribunal ought to
have taken the disability at 15% instead of 30%. The
tribunal has rightly taken the income of the injured at
Rs.6,000/-. In view of the same, the injured - claimant is
entitled to loss of future income (6,000 x 12 = 72,000 x
18 x 20/100) Rs.2,59,200/-.
19. The tribunal has awarded a sum of
Rs.1,00,000/- towards pain and suffering and
Rs.1,00,000/- towards loss of amenities. The said amount
of compensation awarded by the tribunal is on the higher
side. Considering the injuries sustained, the claimant is
entitled to a sum of Rs.50,000/- towards pain and
suffering and Rs.50,000/- towards loss of amenities,
Rs.30,000/- towards food, convenience and other
incidental charges. The tribunal has rightly awarded the
medical expenses of Rs.3,64,426/-. The tribunal has not
awarded compensation for the laid up period. Therefore,
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the claimant is entitled to a sum of (6,000 x 3)
Rs.18,000/- towards loss of income during the laid up
period. In view of the above, the claimant is entitled for
compensation as under:
1. Towards loss of future Rs. 2,59,200-00
income due to disability
2. Towards pain and suffering Rs. 50,000-00
3. Towards loss of amenities in Rs. 50,000-00
life
4. Towards medical expenses Rs. 3,64,426-00
5. Towards food conveyance Rs. 30,000-00
and other incidental charges
6. Towards loss of income Rs. 18,000-00
during laid up period
Total Rs. 7,71,626-00
20. The compensation in MFA No.20595/2013 (MVC
No.418/2011) has been re-assessed by invoking the
powers under Order 41 Rule 33 of CPC. In view of the
same, the following:
ORDER
i) Both the appeals are partly allowed.
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ii) The judgment and awards passed in MVC
Nos.418/2011 and 419/2011 are modified
as under:
iii) The claimants in MVC No.418/2011 are
entitled to total compensation of
Rs.8,59,000/- with interest at the rate of
6% per annum from the date of petition till
its realization. The insurance company is
liable to pay the said compensation with
interest within a period of six weeks from
the date of receipt of certified copy of the
award, failing which, it is liable to pay
interest at the rate of 9% per annum.
iv) The claimants in MVC No.419/2011 are
entitled to total compensation of
Rs.7,71,626/- with interest at the rate of
6% per annum from the date of petition till
its realization. The insurance company is
directed to pay the compensation awarded
with interest at the rate of 6% per annum
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from the date of petition till its realization
within a period of six weeks from the date
of receipt of copy of the award, failing
which, it is liable to pay interest at the rate
of 9% per annum.
v) The apportionment as ordered by the
tribunal remain unaltered.
vi) The appellants - claimants are entitled to
release of the entire compensation amount.
Amount in deposit is ordered to be
transmitted to the tribunal.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ
CT:ANB
