Bhimapp And Ors vs Mahadevi And Anr
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Karnataka High Court

Bhimapp And Ors vs Mahadevi And Anr on 7 January, 2025

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

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                                                    MFA No. 201055 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. 201055 OF 2023 (MV-D)
                   BETWEEN:
                   1.   BHIMAPP S/O YALLAPPA TALAWAR
                        AGE: 38 YEARS, OCC: AGRICULTURE

                   2.   HANAMANT S/O YALLAPPA TALAWAR
                        AGE: 34 YEARS, OCC: AGRICULTURE

                   3.   SADASHIV S/O YALLAPPA TALAWAR
Digitally signed
                        AGE: 32 YEARS, OCC: AGRICULTURE
by RAMESH
MATHAPATI
Location: HIGH     4.   ARJUN S/O YALLAPPA TALAWAR
COURT OF
KARNATAKA               AGE: 28 YEARS, OCC: AGRICULTURE

                       ALL ARE RESIDENT OF MANTUR,
                       TALUK: MUDHOL, DISTRICT: BAGALKOT - 587121.
                                                             ...APPELLANTS
                   (BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)

                   AND:

                   1.   MAHADEVI W/O JAGADISH TALAWAR
                        AGE: 38 YEARS,
                        OCC: HOUSEHOLD WORK
                        AS LEGAL HEIRS OF DECEASED/
                        OWNER OF CRUISER JEEP
                        JAGADISH S/O SABU TALAWAR,
                        AGE: 42 YEARS, OCC: BUSINESS,
                        RESIDENT OF MANTUR, TALUK: MUDHOL,
                        DISTRICT: BAGALKOT - 587121.
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                                        NC: 2025:KHC-K:49-DB
                                    MFA No. 201055 of 2023




2.  THE BRANCH MANAGER
    UNITED INDIA INSURANCE COMPANY LIMITED,
    1ST FLOOR, SANGAMA BUILDING
    S.S.FRONT ROAD,
    VIJAYAPURA.
                                        ...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH;
BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2)

     THIS MFA FILED U/S 173(1) OF MV ACT, BY THE
ADVOCATE     FOR    APPELLANT,    PRAYING THAT  THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS
APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN
THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND
AWARD DATED 10.03.2022 PASED BY THE COURT OF IV
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-XV, AT
VIJAYAPURA, IN M.V.C.NO. 72/2019.

    THIS APPEAL, 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

                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE RAJESH RAI K)

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act', for

short) has been filed by the appellants-petitioners being

aggrieved by the judgment and award dated 10.03.2022

passed in MVC No.72/2019 by the IV Addl. Senior Civil

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Judge and Member MACT-XV, Vijayapura, (hereinafter

referred to as 'the Tribunal', for short).

2. Though this appeal is listed for hearing on IA,

with the consent of learned counsel for both the parties, it

is taken up for final disposal.

3. For the sake of convenience, parties are

referred to as per their ranking before the Claims Tribunal.

4. Facts giving rise to the filing of the appeal

briefly stated are that, on 18.04.2016 at about 5.30 p.m.,

near the land of Raju Paloji of Madhul on Mantur-Mudhol

road when the deceased Chandrawwa was traveling in a

cruiser jeep bearing registration No.KA-48/4443, at that

time, driver of said jeep was driving it at high speed in a

rash and negligent manner and lost control over it, the

vehicle turned turtle and caused accident. Due to the said

impact, Chandrawwa sustained fatal injuries and died on

the spot. Petitioners have spent Rs.40,000/- for

transportation of dead body and funeral expenses. It is

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further contended that, prior to the accident deceased

was hale and healthy, aged 55 years, doing agricultural

work and earning Rs.10,000/- per month and contributing

her income to the family. In view of the sudden and

untimely death of deceased, the petitioners have lost their

beloved family member and her earnings. Hence, they

filed a claim petition seeking compensation.

5. After service of notice, respondent No.1 did not

appear, hence he was placed ex-parte. The respondent

No.2 appeared and filed written statement denying the

contents of claim petition and sought for dismissal of the

petition.

6. On the basis of pleadings, the Tribunal framed

relevant issues for consideration.

7. On the basis of material evidence both oral and

documentary and on hearing the submissions of learned

counsel for both the parties, Tribunal awarded

compensation of Rs.5,02,500/- with interest @ 6% p.a. to

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the petitioners. Being aggrieved by the quantum of

compensation awarded by the Tribunal, the petitioners are

before this Court seeking enhancement of compensation.

8. We have heard the learned counsel for the

petitioners and learned counsel for respondent-Insurance

Company.

9. Learned counsel for the petitioners has

contended that the Tribunal has failed to add future

prospects in view of the law laid down by the Hon'ble Apex

Court in the case of National Insurance Co., Ltd., vs.

Pranay Sethi and others reported in AIR 2017 SC

5157. He also contends that the compensation awarded

by the Tribunal under other heads are on the lower side.

Hence, the learned counsel seeks indulgence of this Court

to allow the appeal and consequently enhance the

compensation.

10. Per contra, learned counsel for the respondent

No.2-Insurance Company supports the impugned

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judgment and award passed by the Tribunal. He further

submits that the compensation awarded by the Tribunal is

just and proper and does not call for any interference. It is

further submitted that the Tribunal has rightly deducted

50% of the income of the deceased towards personal and

living expenses as per the law laid by the Hon'ble Apex

Court Sarla Verma's case. Hence, prays to dismiss the

appeal.

11. It is not in dispute with regard to accident and

also death of Chandrawwa in the road traffic accident. In

order to prove the negligence on the part of the driver of

the jeep, the petitioners have produced copy of FIR

marked as Ex.P1 and also produced certified copy of

charge sheet marked at Ex.P8, which discloses that the

accident has occurred due to the rash and negligent

driving by the driver of the offending vehicle. The Tribunal

was justified in recording a finding that the accident

occurred due to rash and negligent driving by the driver of

the car.

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         (c)      The     Respondent           No.2,      Insurance

                  Company     is   directed      to     deposit   the