Karnataka High Court
Smt. Savitha W/O Late Mallikarjuna And ... vs Shri. Rangappa S/O Sabanna And Anr on 21 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6149
MFA No. 200360 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200360 OF 2020 (MV-D)
BETWEEN:
1. SMT. SAVITHA
W/O LATE MALLIKARJUNA,
AGED ABOUT 25 YEARS,
OCC: HOUSEHOLD,
2. SHRI SHARANAPPA
S/O SHARANAPPA KARADI,
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE,
3. SMT. SANGAMMA
W/O SHARANAPPA KARADI,
Digitally signed AGED ABOUT 50 YEARS,
by SUMITRA OCC HOUSEHOLD,
SHERIGAR
Location: HIGH ALL ARE R/O. HOSAHALLI (EJ) CAMP,
COURT OF
KARNATAKA TQ. SINDHANUR,
DIST : RAICHUR -5684128.
...APPELLANTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. SHRI. RANGAPPA S/O SABANNA,
AGED ABOUT: 45 YEARS,
OCC: OWNER OF MOTOR CYCLE
REG. NO.KA-36-U-2692,
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NC: 2024:KHC-K:6149
MFA No. 200360 of 2020
R/O.KOLBAL VILLAGE,
TQ. SINDHANUR,
DIST. RAICHUR -584128.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
SINGA RAO COMPLEX,
BUS STAND ROAD, TQ. SINDHANUR,
DIST. RAICHUR-584128.
...RESPONDENTS
(BY SRI SHRANABASAPPA M. PATIL, ADVOCATE for R2;
NOTICE TO R1 SERVED - UNREPRESENTED)
THIS MFA IS FILED U/S. 173(1) OF M.V.ACT, PRAYING TO
ALLOW THE APPEAL, SET ASIDE THE JUDGMENT AND AWARD
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC
(MACT) AT SINDHANUR, IN MVC NO.94/2014, DATED
26.02.2019 MAY KINDLY BE AWARD THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA) This appeal arises out of dismissal of a claim petition which has been filed under Section 163A of the Motor Vehicles Act.
2. The Tribunal has dismissed the claim petition on the ground that the rider of the vehicle had stepped into -3- NC: 2024:KHC-K:6149 MFA No. 200360 of 2020 the shoes of the owner and he could not claim compensation for his own mistake.
3. This Court in the case of Vithal vs. Parashuram and another1 has held that the question as to who was riding the vehicle or who was responsible for the accident or the relationship of the victim has held as follows :
"59. Thus, the question as to who was riding the vehicle or who was responsible for the accident or the relationship of the victim in relation to the motor vehicle and its owner becomes completely irrelevant as far as the liability to pay compensation under Section 163A is concerned.
60. It therefore follows that (a) whether the owner was driving the vehicle or (b) whether the vehicle was borrowed and was being driven by any another person or (c) whether the accident occurred due to a wrongful act of the rider or (d) whether the rider can take advantage of h is wrong, all become immaterial in a proceeding under Section 163A of the Act.1
2021 (3) Kar.L.J. 413 -4- NC: 2024:KHC-K:6149 MFA No. 200360 of 2020
61. Similarly, the status of the victim vis-à-vis the vehicle would also be irrelevant and whether the victim was an occupant of the vehicle or was outside the vehicle would also be of no consequence. The only thing that is necessary for a claim under Section 163A is that the victim should have suffered an accident which had resulted in death or permanent disablement and these two incidents should be relatable to the use of the motor vehicle.
62. To put it in simple words, if an accident occurs due to the use of a motor vehicle, the victim will be entitled to compensation as per the second schedule if the accident and the resultant death or permanent disablement is established and this compensation would have to be paid by the owner or in cases where the vehicle is insured, by the insurer. No other question would arise for determination in a proceeding under Section 163A of the Act."
4. In the light of the judgment rendered in Vithal's case, the reasoning of the Tribunal cannot be accepted. Consequently, the said order is set aside.
5. Since, it is not in dispute that the rider of the vehicle was killed in the accident and he was stated to have earn `40,000/- per annum, who was aged about 28 -5- NC: 2024:KHC-K:6149 MFA No. 200360 of 2020 years, as per Schedule II, in respect of a victim, whose age does not exceed 30 years, multiplier of 18 is to be adopted and if the annual income is `40,000/-, the claimants would be entitled to a sum of `7,20,000/-, out of which, 1/3rd has to be deducted towards the personal expenses. Thus the claimants would be entitled to `4,80,000/- towards 'loss of dependency.'
6. The claimants being the wife and parents 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" as held by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others2.
7. Thus, the claimants would be entitled to the following sums :
2
(2017) 16 SCC 680 -6- NC: 2024:KHC-K:6149 MFA No. 200360 of 2020 Compensation Sl.
Nature of Heads as awarded by
No.
this Court `
1. Loss of Dependency 4,80,000/-
2. Loss of consortium 1,32,000/-
3. Conventional heads 33,000/-
Total 6,45,000/-
Thus, the claimants would be entitled for compensation of `6,45,000/- along with interest at the rate of six per cent per annum from the date of petition till its realization.
8. The Insurance Company is directed to deposit the amount of compensation awarded along with interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.
9. On such deposit being made, out of the compensation awarded to appellants, appellant No.1 being the wife is entitled to 80% of the award amount and appellant Nos.2 and 3 are the parents are entitled to 20% of the award amount.
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10. The entire award amount along with interest shall be disbursed to the appellants forthwith.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA) JUDGE SN List No.: 1 Sl No.: 15