Karnataka High Court
Sanjay And Ors vs Shankar And Anr on 7 January, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-K:39-DB
MFA No.203045 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO.203045 OF 2023 (MV-D)
BETWEEN:
1. SANJAY
S/O UTTAM NETAKE,
AGE: 42 YEARS,
OCC: COOLIE,
2. ASHWINI
D/O SANJAY NETAKE,
AGE: 22 YEARS,
OCC: STUDENT,
3. RAHUL
Digitally signed by S/O SANJAY NETAKE,
BASALINGAPPA
SHIVARAJ AGE: 21 YEARS,
DHUTTARGAON OCC: STUDENT,
Location: HIGH
COURT OF
KARNATAKA
4. ROHINI
D/O SANJAY NETAKE,
AGE: 18 YEARS,
OCC: STUDENT,
ALL ARE R/O: BANDISHEGAON,
TQ: PANDRAPUR, DIST: SOLAPUR
NOW RESIDING AT GANDI NAGAR,
VIJAYAPURA - 586 101.
...APPELLANTS
(BY SRI KOUJALAGI CHANDRAKANTH LAXMAN, ADVOCATE)
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MFA No.203045 of 2023
AND:
1. SHANKAR
S/O JIVRAM BANDALKAR,
AGE: 42 YEARS,
OCC: BUSINESS,
(OWNER OF TAVERA CAR NO.MH-13/AL-5151)
R/O A/P:MALSHIRAS,
TQ: MALSHIRAS
DIST:SOLAPUR MH-413107
(MAHARASHTRA STATE)
2. THE BRANCH MANAGER,
THE I.C.I.C.I. LOMBARD
GENERAL INSURANCE CO. LTD.,
2ND FLOOR, MAHALAXMI COMPLEX,
M.G. ROAD, VIJAYAPURA - 586 101.
POLICY NO.3001A/77054175/00800.
VALID FROM 06.08.2019 TO 05.08.2020.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
V/O DATED 07.01.2025 NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 04.04.2022
PASSED IN M.V.C.NO.183/2020 ON THE FILE OF THE COURT
OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI, VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.31,15,700/- ONLY AS
CLAIMED BY THE APPELLANTS BEFORE THIS HON'BLE COURT,
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS MFA COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAJESH RAI K
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MFA No.203045 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
This miscellaneous first appeal is directed against
the judgment and award dated 04.04.2022 in MVC
No.183/2020 passed by the I Addl. Senior Civil Judge and
MACT-VI at Vijayapura, wherein the Tribunal allowed the
claim petition in part filed by the appellants and granted
total compensation of Rs.27,84,300/- with interest at the
rate of 6% per annum from the date of petition till
realization.
2. The facts which are necessary for disposal of
this appeal are that; the deceased wife of appellant No.1
and mother of appellant Nos.2 to 4 met with an accident
on 11.12.2019 at around 7.30 p.m. on Pandrapur-Pune
road and due to the same she had succumbed to the
injuries. Hence, the appellants being the legal heirs filed
the claim petition before the Tribunal under Section 166 of
Motor Vehicles Act. The Tribunal, after considering the oral
and documentary evidence placed on record by the
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claimants, allowed the claim petition in part and awarded
the compensation as stated supra. Being dissatisfied with
compensation awarded by the Tribunal, this appeal has
been filed by the appellants.
3. We have heard the learned counsel for the
claimants/appellants and also the learned counsel for the
respondent - Insurance Company.
4. In this case, the involvement of the offending
vehicle, occurring of accident in question and the coverage
of the insurance policy to the offending vehicle is not in
dispute. The only point that would arise for our
consideration is the quantum of compensation. The
learned counsel for the appellants submits that the
Tribunal has not granted the compensation under the head
'loss of consortium' since there are four claimants and the
Tribunal has awarded only a sum of Rs.80,000/- which is
liable to be enhanced. Further he would fairly submit that,
except the head 'loss of consortium', the Tribunal has
awarded just compensation in all other heads. As per the
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law laid down by the Hon'ble Apex Court in the case of
Magma General Insurance Company Limited Vs Nanu
Ram @ Chuhru Ram reported in AIR Online 2018 SC
1249, the claimants are entitled for consortium of
Rs.1,60,000/- as against Rs.80,000/- awarded by the
Tribunal since the claimants are the husband and children
of deceased. However, the Tribunal has justified in
granting compensation on all other heads. In that view of
the matter, we are of the considered view that, the
judgment and award passed by the Tribunal is required to
be modified to the extent of grant of additional
compensation of Rs.80,000/- under the head of 'loss of
consortium'. Thus, we proceed to pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award
passed by the Tribunal is hereby modified
to the extent of granting additional
compensation of Rs.80,000/- with
interest at the rate of 6% per annum
from the date of petition till realization.
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(iii) The Insurance Company is directed to
deposit the compensation amount with
interest at the rate of 6% per annum
from the date of petition till realization,
within four weeks from today.
(iv) The enhanced amount with interest shall
be released in favour of the appellants as
per the apportionment made by the
Tribunal.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
BL
Ct:VK
