Karnataka High Court
The Divisional Manager vs Laxmi W/O Praveen @ Balagouda Patil on 30 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102144 OF 2020 (MV-D)
C/W
MFA Nos. 100703, 100704, 102598 OF 2017
MFA Nos. 102331 OF 2020, MFA NOS. 101080, 101081,
101117, 101118, 101119, 101643, 101650, 101659, 101769,
101867 OF 2022 MFA CROSS OBJ NO. 100066 OF 2017
IN MFA NO. 102144 OF 2020
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.
ARIHANATA PLAZA, 2ND FLOOR,
KUSUGAL ROAD, HUBBALLI,
NOW REPRESENTED BY
Digitally signed ITS ADMINISTRATIVE OFFICER.
by JAGADISH T R
Location: High
...APPELLANT
Court of (BY SRI. S. K. KAYAKAMATH, ADVOCATE)
Karnataka,
Dharwad Bench
AND:
1. SMT. MAHANANDA W/O. KEDARI PATIL,
AGE: 38 YEARS, OCC: NOT KNOWN.
2. KUMARI. ANUPAMA D/O. KEDARI PATIL,
AGE: 20 YEARS, OCC: NOT KNOWN.
3. KUMARI. SUSHMA D/O. KEDARI PATIL,
AGE: 19 YEARS, OCC: NOT KNOWN.
4. KUMARI SHILPA D/O. KEDARI PATIL,
-2-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
AGE: 17 YEARS, OCC: NOT KNOWN.
5. KUMARI SHIVANAND S/O. KEDARI PATIL,
AGE: 13 YEARS, OCC: NOT KNOWN,
SINCE PETITIONER NO.4 & 5 ARE MINORS,
REP.BY N/G MOTHER SMT. MAHANANDA
W/O. KEDARI PATIL.
6. SMT. AVUBAI W/O. APPASAB PATIL,
AGE: 65 YEARS, OCC: NOT KNOWN
ALL ARE R/O: ANKALI, TQ : CHIKKODI,
DIST: BELAGAVI-590001.
7. SRI. RAVINDRAN .M. MARIMUTHU A,
AGE: MAJOR, R/O: 4/137, OLD SHANMUGAPURAM,
AT: POST: MAGUDANCHAVADI,
TQ : SANKARI, DIST : SALEM-637103.
8. SRI. VIRUPAKSHI S/O. CHANNABASU MANE,
AGE: MAJOR, R/O. SIDDAPURWADI, TQ: CHIKKODI,
DIST: BELAGAVI-590001.
9. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
MARUTI GALLI, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. SANTOSH S. HATTIKATAGI, ADV. FOR R1 TO R5;
SRI. RAVINDRA R. MANE, ADV. FOR R9;
NOTICE TO R6 DISPENSED WITH;
NOTICE TO R7 AND R8 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND
ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 21.03.2020 PASSED BY
THE VII ADDL. DIST. AND SESSIONS JUDGE AND ADDL. M.A.C.T,
BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2650/2015, WITH
COST IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100703 OF 2017
BETWEEN:
THE DIVISIONAL MANAGER,
-3-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
NATIONAL INSURNACE CO.LTD.,
HAVING ITS DIVISIONAL OFFICE,
AT RAMADEV GALLI, BELAGAVI,
NOW REP. BY A.I KUBASAD,
ADMINISATRATIVE OFFICER,
NATIONAL INSURANCE CO.LTD.,
REGIONAL OFFICE, ARIHANT ORCHADE,
KUSUGAL ROAD, KESHWAPUR HUBBALLI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. LAXMI W/O. PRAVEEN @ BALAGOUDA PATIL,
AGED 26 YEARS, OCC: HOUSE WIFE,
R/O: ANKALI, TQ: CHIKKODI, DIST: BELAGAVI.
2. KUMAR ABHINAV S/O. PRAVEEN @ BALAGOUDA PATIL,
AGED 3 YEARS, OCC: NIL,
SINCE MINOR REP. BY HIS
NATURAL GUARDIAN RESP.NO.1.
3. SMT. SHOBHA W/O. BASAGOUDA PATIL,
AGED 52 YEARS, OCC: HOUSE WIFE,
R/O: ANKALI, TQ: CHIKKODI,
DIST: BELAGAVI.
4. SHRI. RAVINDRA M,
AGE: MAJOR, OCC: BUSINESS,
R/O: 4/137, OLD DHANMUGUPURAM,
MAGUDANCHAVADI POST,
TQ: SANKARI, DIST: SALEM,
STATE OF TAMILNADU.
5. SRI. VIRUPAXI S/O. CHANABASU MANE,
AGE: MAJOR, OCC: BUSINESS,
R/O: SIDDAPURWADI, TQ: CHIKKODI,
DIST: BELAGAVI.
6. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
HAVING ITS MARUTI GALLI BELAGAVI.
-4-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
7. THE DIST HEALTH AND WELFARE OFFICER
DISTRICT HEALTH OFFICE, BELAGAVI.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1 TO R3;
SRI. RAVINDRA R. MANE, ADV. FOR R6;
SRI. V. S. KALASURMATH, HCGP FOR R7;
NOTICE TO R4 AND R5 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND
ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 17.01.2017 PASSED BY THE
LEARNED XI ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL.
M.A.C.T, BELAGAVI, IN MVC NO.600/2016, WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100704 OF 2017
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURNACE CO.LTD.,
HAVING ITS DIVISIONAL OFFICE,
AT RAMADEV GALLI, BELAGAVI,
NOW REP. BY A.I KUBASAD,
ADMINISATRATIVE OFFICER,
NATIONAL INSURANCE CO.LTD.,
REGIONAL OFFICE, ARIHANT ORCHADE,
KUSUGAL ROAD, KESHWAPUR HUBBALLI,
DIST: DHARWAD.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. GOURABAI W/O. LAXMAN KUMBAR,
AGED 51 YEARS, OCC: HOUSE HOLD WORK,
R/O: C/O: SHANKAR BASAVANNI KUMBAR,
KUMBAR GALLI, MUCHCHANDI VILLAGE,
TQ & DIST: BELAGAVI.
2. MAHADEV S/O. LAXMAN KUMBAR,
AGED 29 YEARS,OCC: AGRICULTURE,
-5-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
R/O: C/O: SHANKAR BASAVANNI KUMBAR,
KUMBAR GALLI, MUCHCHANDI VILLAGE,
TQ & DIST: BELAGAVI.
3. SAGAR S/O. LAXMAN KUMBAR
AGED 26 YEARS, OCC: AGRICULTURE,
R/O: C/O: SHANKAR BASAVANNI KUMBAR,
KUMBAR GALLI, MUCHCHANDI VILLAGE,
TQ & DIST: BELAGAVI.
4. SHRI. RAVINDRA M,
AGE: MAJOR, OCC: BUSINESS,
R/O: 4/137, OLD DHANMUGUPURAM,
MAGUDANCHAVADI POST,
TQ: SANKARI, DIST: SALEM,
STATE OF TAMILNADU.
5. SMT. VIRUPAXI S/O CHANABASU MANE
AGE: MAJOR, OCC: BUSINESS,
R/O: SIDDAPURWADI, TQ: CHIKKODI,
DIST: BELAGAVI.
6. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
HAVING ITS MARUTI GALLI BELAGAVI.
7. THE DIST HEALTH AND WELFARE OFFICER,
DISTRICT HEALTH OFFICE, BELAGAVI.
...RESPONDENTS
(BY SRI. HANUMANT R. LATUR, ADV. FOR R1 TO R3;
SRI. RAVINDRA R. MANE, ADV. FOR R6;
SRI. V. S. KALASURMATH, HCGP FOR R7;
NOTICE TO R4 AND R5 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND
ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 17.01.2017 PASSED BY THE
LEARNED XI ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL.
M.A.C.T, BELAGAVI, IN MVC NO.284/2016, WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
-6-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
IN MFA NO. 102598 OF 2017
BETWEEN:
1. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE, 1732, IST FLOOR,
RAMADEV GALLI BELAGAVI,
REP. BY ITS AUTHORIZED SIGNATORY,
ADMINISTRATIVE OFFICER-590001.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE, 1732, IST FLOOR,
RAMADEV GALLI BELAGAVI,
REP. BY ITS AUTHORIZED SIGNATORY,
ADMINISTRATIVE OFFICER-590001.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. BHARATI W/O. KRISHNAJI @ KRISHNA MORE,
AGED 33 YEARS, OCC: HOUSEHOLD WORK,
R/O. KHANADAL, TQ: RAIBAG,
DIST: BELAGAVI-591235.
2. KUM. SOUJANYA D/O. KRISHNAJI @ KRISHNA MORE,
AGED 13 YEARS, OCC: STUDENT.
3. KUM. SHRIHARI S/O. KRISHNAJI @ KRISHNA MORE,
AGED 6 YEARS, OCC: NIL,
SINCE PETITIONER NO.2 & 3 ARE MINOR REP. BY
NATURAL GUARDIAN MOTHER PETITONER NO.1.
4. SMT. PARVATI W/O. PARASHURAM MORE,
AGED 48 YEARS, OCC: HOUSE HOLD WORK,
R/O: KHANADAL, TQ: RAIBAG,
DIST: BELAGAVI-591235.
5. SHRI. RAVINDRA M. S/O. MARIMUTTU,
AGE: MAJOR, OCC: TRANSPORT BUSINESS,
R/O: 4/137, OLD SHANMUGUPURAM,
MAGUDA CHAVADI POST, SANAKARI,
-7-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
TQ & DIST: SALEM, STATE OF TAMILNADU-637301.
6. THE DIST HEALTH AND WELFARE OFFICER,
DISTRICT HEALTH OFFICE, BELAGAVI-590001.
7. SHRI. VIRUPAXI S/O. CHANABASU MANE,
AGE: MAJOR, OCC: BUSINESS,
R/O: SIDDAPURWADI, TQ: CHIKKODI,
DISTRICT: BELAGAVI-591213.
8. THE DIVISIONAL MANAGER,
UNITED INIDA INSURANCE CO.LTD.,
DIVISIONAL OFFICE, MARUTI GALLI,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1 TO R3;
SRI. RAVINDRA R. MANE, ADV. FOR R8;
SRI. V. S. KALASURMATH, HCGP FOR R6;
NOTICE TO R4, R5 AND R7 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND
ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 05.04.2017 PASSED BY THE
LEARNED SENIOR CIVIL JUDGE & JMFC AND MACT RAIBAG IN MVC
NO.286/2016, WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 102331 OF 2020
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI.
NOW REPRESENTED BY ITS
ADMINISTRATIVE OFFICER.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. SHOBHA W/O BALAKRISHNA CHOKAVE,
AGE: 43 YEARS, OCC: NOT KNOWN.
-8-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
2. KUMAR SACHIN S/O. BALAKRISHNA CHOKAVE,
AGE: 24 YEARS, OCC: NOT KNOWN.
3. KUMARI LAKSHMI D/O. BALAKRISHNA CHOKAVE,
AGE: 22 YEARS, OCC: NOT KNOWN.
4. SMT. GANGUBAI @ GANGAVVA W/O. SHIVAPUTRA
CHOKAVE, AGE: 68 YEARS, OCC: NOT KNOWN.
ALL ARE RESIDENTS OF ANKALI
TQ: CHIKKODI, DIST: BELAGAVI.
5. SRI. RAVINDRAN M. MARIMUTHU A,
AGE: MAJOR, R/O: 4/137,
OLD SHANMUGAPURAM, AT POST: MAGUDANCHAVADI,
TQ: SANKARI, DIST: SALEM-637103.
...RESPONDENTS
(BY SRI. SANTOSH HATTIKATAGI, ADV. R1 TO R4;
NOTICE TO R5 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES, AND
ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE
JUDGMENT AND AWARD DATED 21.03.2020 PASSED BY THE VII
ADDL. DIST AND SESSIONS JUDGE & ADDL M.A.C.T, BELAGAVI,
SITTING AT CHIKKODI, IN MVC NO.2651/2015, WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101080 OF 2022
BETWEEN:
1. SMT. MALUTAI W/O. MAHADEV PATIL,
AGE. 57 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI
DIST. BELAGAVI-593107.
2. SHRI. JAGADISH S/O. MAHADEV PATIL
AGE. 35 YEARS, OCC. AGRICULTURE,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
3. SRI. SATISH S/O. MAHADEV PATIL
-9-
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
4. SHRI. SACHIN S/O. MAHADEV PATIL,
AGE. 30 YEARS, OCC. HOUSEHOLD WORK
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
...APPELLANTS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. MR. RAVINDRAN M. S/O. MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST. SWLAM-TAMILNADU-637103.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI,
DIST. BELAGAVI-593107.
3. SRI. VIRUPAXI S/O. CHANNABASU MANE,
AGE. MAJOR, OCC. BUSINESS,
R/O. SIDDAPURWADI, TQ. CHIKODI,
DIST. BELAGAVI-593107.
4. THE MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
PHARALE BUILDING, K.C.ROAD,
NEAR PRABHAKAR TALKIES, CHIKODI
TQ. CHIKODI, DIST. BELAGAVI-593107.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R4;
NOTICE TO R1 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2500/2015
- 10 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
DATED 01.01.2022 BY ENHANCING THE COMPENSATION AS PRAYED
FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101081 OF 2022
BETWEEN:
1. SMT. HOUSABAI W/O. JYOTHI PATIL,
AGE. 61 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
2. SHRI. VINOD S/O. JYOTHI PATIL
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
3. SHRI. SAGAR S/O. JYOTHI PATIL
AGE. 30 YEARS, OCC. AGRICULTURE,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
...APPELLANTS
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. MR. RAVINDRAN M. S/O MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST. SELAM-TAMILNADU-637103.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI,
DIST. BELAGAVI-593107.
3. SHRI. VIRUPAXI S/O. CHANNABASU MANE,
AGE. MAJOR, OCC. BUSINESS,
R/O. SIDDAPURWADI, TQ. CHIKODI,
DIST. BELAGAVI-593107.
- 11 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
4. THE MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
PHARALE BUILDING, K.C.ROAD,
NEAR PRABHAKAR TALKIES, CHIKODI,
TQ. CHIKODI, DIST. BELAGAVI-593107.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R4
NOTICE TO R1 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2501/2015
DATED 01.01.2022 BY ENHANCING THE COMPENSATION AS PRAYED
FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101117 OF 2022
BETWEEN:
SMT. REKHA W/O. RAMESH PATIL,
AGE. 42 YEARS, OCC.HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
...APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. MR. RAVINDRAN M. S/O. MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST. SELAM-TAMILNADU-637103.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI,
DIST. BELAGAVI-593107.
3. SHRI. VIRUPAXI S/O. CHANNABASU MANE,
- 12 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
AGE. MAJOR, OCC. BUSINESS,
R/O. SIDDAPURWADI, TQ. CHIKODI,
DIST. BELAGAVI-593107.
4. THE MANAGER
UNITED INDIA INSURANCE CO.LTD.,
PHARALE BUILDING, K.C.ROAD,
NEAR PRABHAKAR TALKIES, CHIKODI,
TQ. CHIKODI, DIST. BELAGAVI-593107.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R4;
NOTICE TO R1 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2499/2015
DATED 16.10.2021 BY ENHANCING THE COMPENSATION AS PRAYED
FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101118 OF 2022
BETWEEN:
SHRI. RAJENDRA S/O. HIRACHAND HAJARE,
AGE. 57 YEARS, OCC. AGRICULTURE AND KIRANA
BUSINESS, NOW NIL, R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
...APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. MR. RAVINDRAN M. S/O. MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST. SELAM-TAMILNADU-637103.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI,
- 13 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
DIST. BELAGAVI-593107.
3. VIRUPAXI S/O. CHANNABASU MANE,
AGE. MAJOR, OCC. BUSINESS,
R/O. SIDDAPURWADI, TQ. CHIKODI,
DIST. BELAGAVI-593107.
4. THE MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
PHARALE BUILDING, K.C.ROAD,
NEAR PRABHAKAR TALKIES, CHIKODI
TQ. CHIKODI, DIST. BELAGAVI-593107.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R4;
NOTICE TO R1 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2497/2015
DATED 01.01.2022 BY ENHANCING THE COMPENSATION AS PRAYED
FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101119 OF 2022
BETWEEN:
1. SMT. PRATHIBHA W/O. SOMANATH BADIGER,
AGE. 37 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
2. KUMAR SUMIT S/O. SOMANATH BADIGER,
AGE. 14 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
3. KUMARI SAMIKHSA D/O. SOMANATH BADIGER,
AGE. 11 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
APPELLANT NO.2 & 3 ARE MINORS,
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
REPRESENTED BY M/G. NATURAL GUARDIAN
NEXT FRIEND MOTHER APPELLANT NO.1.
4. SMT. SHANTA W/O. KALLAPPA BADIGER,
AGE. 60 YEARS, OCC. HOUSEHOLD WORK,
R/O. ANKALLI, TQ. CHIKKODI,
DIST. BELAGAVI-593107.
...APPELLANTS
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. MR. RAVINDRAN M. S/O. MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST. SELAM-TAMILNADU-637103.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI,
DIST. BELAGAVI-593107.
3. SHRI. VIRUPAXI S/O. CHANNABASU MANE,
AGE. MAJOR, OCC. BUSINESS,
R/O. SIDDAPURWADI, TQ. CHIKODI,
DIST. BELAGAVI-593107.
4. THE MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
PHARALE BUILDING, K. C. ROAD,
NEAR PRABHAKAR TALKIES, CHIKODI,
TQ. CHIKODI, DIST. BELAGAVI-593107.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R4;
NOTICE TO R1 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY
THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDL.
MACT, BELAGAVI SITTING AT CHIKKODI, IN MVC NO.2498/2015
DATED 01.01.2022 BY ENHANCING THE COMPENSATION AS PRAYED
- 15 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
FOR IN THE CLAIM PETITION BY ALLOWING THIS APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101643 OF 2022
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI,
NOW REPRESENTED BY ITS
ADMINISTRATIVE OFFICER,
DEPUTY MANAGER.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. PRATIBHA SOMANATH BADIGER,
AGE. 36 YEARS, OCC. HOUSE HOLD.
2. SUMIT S/O. SOMANATH BADIGER,
AGE. 13 YEARS, OCC. STUDENT.
3. SAMIKSHA D/O. SOMANATH,
AGE. 10 YEARS, OCC. STUDENT,
PETITIONER NO.2 & 3 ARE MINORS REP.
BY THEIR NATURAL GUARDIAN
NEXT FRIEND MOTHER PETITIONER NO.1.
4 SMT. SHANTA KALLAPPA BADIGER,
AGE. 59 YEARS OCC. HOUSE HOLD,
ALL ARE R/O. ANKALI, TQ. CHIKKODI,
DIST BELAGAVI-590001.
5. SRI. RAVINDRA M. S/O MARIMUTHU A,
AGE. MAJOR OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST SHANKARI,
TQ AND DIST SELAM, TAMILNADU 637103.
6. THE DISTRICT AND WELFARE OFFICER,
D.H.O. OFFICER BELGAVI-590001.
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
7. SRI. VIRUPAXI CHANNABASU MANE,
AGE. MAJR OCC. AGRICULTURE,
R/O. SIDDAPURWADI, TQ. CHIKKODI,
DIST: BELAGAVI-590001.
8. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
PHARALE BUILDING, K.C. ROAD NEAR,
PRABHAKAR TALKIES, CHIKKODI-591201.
...RESPONDENTS
(BY SRI. SANTOSH HATTIKATAGI, ADV. FOR R1 TO R4
SRI. V. S. KALASURMATH, HCGP FOR R6;
SMT. PREETI SHASHANK, ADV. FOR R8;
NOTICE TO R5 AND R7 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.01.2022
PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND ADDL. M.A.C.T, BELAGAVI SITTING AT CHIKKODI, IN MVC
NO.2498/2015 WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 101650 OF 2022
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI,
NOW REPRESENTED BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. HOUSABAI JYOTI PATIL,
AGE. 60 YEARS OCC. HOUSEHOLD.
2. SRI. VINOD JYOTI PATIL
AGE. 32 YEARS OCC. AGRICULTURE.
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
3. SRI. SAGAR JYOTI PATIL,
AGE.29 YEARS OCC. STUDENT
ALL ARE R/O. ANKALI, TQ. CHIKKODI,
DIST. BELAGAVI-590201.
4. SRI. RAVINDRA M. S/O MARIMUTHUA,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURA,
MAGUDA CHAVADI, POST. SANKARI,
TQ AND DIST SELAM, TAMILNADU- 637103.
5. THE DISTRICT AND WELFARE OFFICER,
D.H.O. OFFICER, BELGAVI, PIN-590001.
6. SRI. VIRUPAXI CHANNABASU MANE,
AGE. MAJOR OCC. AGRICULTURE,
R/O. SIDDAPURWADI, TQ. CHIKKODI,
DIST-BELAGAVI, PIN-590201.
8. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
PHARALE BUILDING, K.C. ROAD,
NEAR PRABHAKAR TALKIES, CHIKKODI-591201.
...RESPONDENTS
(BY SRI. SANTOSH HATTIKATAGI, ADV. FOR R1 TO R3;
SRI. V. S. KALASURMATH, HCGP FOR R5;
SMT. PREETI SHASHANK, ADV. FOR R7;
NOTICE TO R4 AND R6 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.01.2022
PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND ADDL. M.A.C.T, BELAGAVI SITTING AT CHIKKODI, IN MVC
NO.2501/2015 WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 101659 OF 2022
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
RAMDEV GALLI, BELAGAVI,
NOW REPRESENTED BY ITS
ADMINISTRATIVE OFFICER.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. MALUTAI MAHADEV PATIL,
AGE. 56 YEARS, OCC. HOUSEHOLD.
2. SRI. JAGADISH S/O. MAHADEV PATIL,
AGE. 34 YEARS OCC. AGRICULTURE.
3. SRI. SATISH S/O. MAHADEV PATIL,
AGE. 32 YEARS OCC. AGRICULTURE.
4. SRI. SACHIN S/O. MAHADEV PATIL,
AGE. 29 YEARS OCC. AGRICULTURE,
ALL RE R/O. ANKALI, TQ. CHIKKODI,
DIST. BELAGAVI-590201.
5. SRI. RAVINDRA M. S/O. MARIMUTHU A.,
AGE. MAJOR, OCC. BUSINESS, R/O. 4/137,
OLD SHANMUGAPURAM, MAGUDA CHAVADI,
POST SANKARI, TQ AND DIST SELAM,
TAMILNADU-637103.
6. THE DISTRICT AND WELFARE OFFICER,
D.H.O. OFFICE, BELAGAVI-590001.
7. SRI. VIRUPAXI CHANNABASU MANE,
AGE. MAJOR OCC. AGRICULTURE,
R/O. SIDDAPURWADI, TQ. CHIKKODI,
DIST: BELAGAVI-591201.
8. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD,
PHARALE BUILDING, K. C. ROAD,
NEAR PRABHAKAR TALKIES,
CHIKKODI-591201, DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. SANTOSH HATTIKATAGI, ADV. FOR R1 TO R4;
- 19 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
SRI. V. S. KALASURMATH, HCGP FOR R6;
SMT. PREETI SHASHANK, ADV. FOR R8;
NOTICE TO R5 AND R7 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.01.2022
PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND ADDL. M.A.C.T, BELAGAVI SITTING AT CHIKKODI, IN MVC
NO.2500/2015 WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 101769 OF 2022
BETWEEN:
THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI ,
NOW REPRESENTED BY ITS
ADMINISTRATIVE OFFICER.
...APPELLANT
(BY SRI. S. K. KAYAKAMATH, ADVOCATE)
AND:
1. SRI. RAJENDRA HIRACHAND HAJARE,
AGE. 56 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. ANKALI, TQ. CHIKKODI, DIST. BELAGAVI.
2. SRI. RAVINDRAN M. S/O. MARIMUTHU,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST. SANKARI,
TQ. DIST SELAM, TAMILNADU-637103.
3. THE DISTRICT & WELFARE OFFICER,
D.H.O. OFFICE, BELAGAVI-590001.
4. SRI VIRUPAXI CHANNABSU MANE,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SIDDAPURWADI, TQ. CHIKKODI-591201.
- 20 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
5. THE MANAGER UNITED INDIA,
INSURANCE COMPANY LTD,
PHARALE BUILDING, K. C. ROAD,
NEAR PRABHAKAR TALKIES,
CHIKKODI-591201.
...RESPONDENTS
(BY SRI. SANTOSH HATTIKATAGI, ADV. FOR R1;
SRI. V. S. KALASURMATH, HCGP FOR R3;
SMT. PREETI SHASHANK, ADV. FOR R5;
NOTICE TO R2 AND R4 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 01.01.2022
PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND ADDL. M.A.C.T, BELAGAVI SITTING AT CHIKKODI, IN MVC
NO.2497/2015 WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 101867 OF 2022
BETWEEN:
THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI,
NOW REPRESENTED BY ITS
DEPUTY MANAGER.
...APPELLANT
(BY SRI. S. K. KAYAKMATH, ADVOCATE)
AND:
1. SMT. REKHA W/O. RAMESH PATIL,
AGE. 42 YEARS, OCC. AGRICULTURE AND
HOUSEHOLD, R/O. ANKALI,
TQ. CHIKKODI, DIST. BELAGAVI-590001.
2. RAVINDRAN M. S/O. MARIMUTHU A,
AGE. MAJOR, OCC. BUSINESS,
R/O. 4/137, OLD SHANMUGAPURAM,
MAGUDA CHAVADI, POST. SANKARI,
TQ. AND DIST. SELAM, TAMILNADU-637103.
- 21 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
3. THE DISTRICT AND WELFARE OFFICER,
D.H.O OFFICE, BELAGAVI-590001.
4. SMT. VIRUPAXI CHANNABASU MANE,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SIDDAPURWADI, TQ. CHIKKODI,
DIST. BELAGAVI-590001.
5. THE MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
PHARALE BUILDING, K. C. ROAD,
NEAR PRABHAKAR TALKIES,
CHIKKODI, 591201.
...RESPONDENTS
(BY SMT. PREETI SHASHANK, ADV. FOR R5;
NOTICE TO R1, R2 AND R4 SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 16.10.2021
PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND ADDL. M.A.C.T, BELAGAVI SITTING AT CHIKKODI, IN MVC
NO.2499/2015 WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA CROB NO. 100066 OF 2017
BETWEEN:
1. SMT. LAXMI W/O. PRAVEEN @ BALAGOUDA PATIL,
AGE: 26 YEARS, OCC: H/W,
R/O: ANKALI, TQ: CHIKODI, DIST: BELAGAVI.
2. KUMAR ABHINAV S/O. PRAVEEN @ BALAGOUDA PATIL,
AGE: 3 YEARS, SINCE MINOR REPRESENTED BY
NATURAL GUARDIAN APPELLANT NO.1.
3. SMT. SHOBHA W/O. BASAGOUDA PATIL,
AGE: 52 YEARS, OCC: H/W,
R/O: ANKALI, TQ: CHIKODI, DIST: BELAGAVI.
...CROSS OBJECTORS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
AND:
1. SHRI. RAVINDRAN M,
AGE: MAJOR, OCC: BUSINESS,
R/O: 4/137, OLD DHANMUGAPURAM,
MAGUDANCHAVADI PO. TQ: SANKARI,
DIST: SALEM, STATE:TAMILNADU-636001.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
HAVING ITS OFFICE AT RAMDEV GALLI,
BELAGAVI, DIST: BELAGAVI-590001.
3. THE DIST. HEALTH AND WELFARE OFFICER
DISTRICT HEALTH OFFICE, BELAGAVI-590001.
4. SHRI.VIRUPAXI S/O. CHANDABASU MANE
AGE: MAJOR, OCC: BUSINESS,
R/O: SIDDAPURWADI, TQ: CHIKODI,
DIST: BELAGAVI-591201.
5. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
HAVING ITS OFFICE AT MARUTI GALLI,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. RAVINDRA R. MANE, ADV. FOR R5;
NOTICE TO R1 AND R4 SERVED)
THIS MFA CROB IN MFA NO.100703/2017 IS FILED UNDER
ORDER 41 RULE 22 OF CPC, PRAYING TO ALLOW THE APPEAL AND
ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND
AWARD PASSED BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE
AND ADDL. MACT BELAGAVI IN MVC NO.600/2016 DATED
17.01.2017 IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) These appeals/cross objections arise out of accident dated 17.10.2015. The following are the appeals/cross objection filed by the Insurer and the claimants:
Sl. MFA BY MFA/CROSS
No. MVC & MACT NATIONAL OBJECTION BY
INSURANCE CLAIMANTS
COMPANY LTD.
1. 600/2016 100703/2017 100066/2017
MACT, BELAGAVI
2. 284/2016 100704/2017 -
MACT, BELAGAVI
3. 286/2016 102598/2017 -
MACT, RAIBAG
4. 2650/2015 102144/2020 -
MACT,CHIKKODI
5. 2651/2015 102331/2020 -
MACT, CHIKKODI
6. 2498/2015 101643/2022 101119/2022
MACT, CHIKKODI
7. 2501/2015 101650/2022 101081/2022
MACT, CHIKKODI
8. 2500/2015 101659/2022 101080/2022
MACT, CHIKKODI
9. 2497/2015 101769/2022 101118/2022
MACT, CHIKKODI
10. 2499/2015 101867/2022 101117/2022
MACT, CHIKKODI
2. The aforesaid appeals are arising out of the
judgments & awards dated 21.03.2020, 17.1.2017, 5.4.2017, 21.3.2020, 1.1.2022 & 16.10.2021 rendered by the different Tribunals referred supra. One of the claim petitions is by the
- 24 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS injured and other claim petitions were by the legal representatives of the deceased. The different claim petitions have been filed under Section 166 of the MV Act, 1988 claiming compensation for the death and injuries. It is averred that on 17.10.2015 at about 5.10 p.m., the deceased and the injured were proceeding in a Tempo Trax bearing registration No.KA- 23/M-8646 driven by its driver on Nippani-Belgaum National Highway-4 road within the limits of Masoba Hitni Village, at that time, driver of the offending Truck bearing reg.No.TN-52/D- 4955 drove the same in high speed and in a rash and negligent manner, he lost control over the lorry and dashed to the Tempo Trax and caused the accident. It is further averred that the accident is caused due to rash and negligent driving of the offending lorry by its driver. The information of the accident was registered by Sankeshwar Police in Crime No.310/2015 against the driver of the offending lorry. The jurisdictional police after completion of the investigation filed charge sheet against the driver of the offending lorry. The injured and the legal heirs of the deceased pleaded in the claim petitions with regard to age, income and avocation and sought for compensation.
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NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS
3. The respondents/National Insurance Company Limited as well as United India Insurance Company Limited have opposed the claim petitions by filing separate statement of objections; they have denied the age, income, avocation and entitlement of the compensation of the claimants. The National Insurance Company Limited has denied that the accident was caused due to rash and negligent driving of the driver of the offending lorry and it has contended that the accident caused due to negligence of the driver of Tempo Trax bearing registration No.KA-23-M-8646 and sought dismissal of the claim petitions. The Tribunal recorded the evidence of the parties. The claimants examined themselves as witnesses and got marked supporting documents as exhibits. Similarly, the insurer examined its Official and got marked its documents. The Tribunal appreciating the pleadings and evidence on record allowed the claim petitions in part and awarded different compensation in different claim petitions as under:
MVC No. Total Compensation
600/2016 Rs.26,29,000/-
284/2016 Rs.6,29,000/-
286/2016 Rs.28,85,000/-
2650/2015 Rs.13,93,000/-
2651/2015 Rs.13,93,000/-
- 26 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
2498/2015 Rs.11,03,000/-
2501/2015 Rs.6,87,709/-
2500/2015 Rs.5,36,000/-
2497/2015 Rs.4,16,144/-
2499/2015 Rs.9,10,060/-
4. Sri. S.K. Kayakamath, learned counsel appearing for the appellant/Insurer submits that the Tribunal committed a grave error in saddling entire liability on the appellant/insurance company holding that the driver of the offending Truck was negligent. It is submitted that the sketch prepared by jurisdictional Police marked as Ex.P4 and in some of the cases, it is marked as Ex.P3(a) clearly indicates that the driver of the Tempo Trax bearing registration No.KA-23-M-8646 took sudden right turn in the junction and tried to cross National Highway without observing the vehicle coming from the opposite direction and resulted in accident. The negligence of the driver of the Tempo Trax has not been appreciated by the Tribunal in its proper perspective and therefore, it ought to have saddled 50% negligence on the driver of the Tempo Trax also by holding that both the insurers are jointly and severally liable to pay compensation. It is submitted that the Tribunal has grossly erred in appreciating the evidence on record in its proper perspective with regard to negligence. It is further
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NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS submitted that insofar as quantum of compensation is concerned, the Tribunal assessed the income of the deceased/injured on higher side without appreciating the pleadings and evidence on record and it has awarded exorbitant compensation in death cases by assessing the loss of future prospects incorrectly at 50% in some of the cases. It is also submitted that the Tribunal has erred in awarding 9% interest and in some cases at 8% and therefore, it is required to be reduced to 6% per annum. He argues that in a case of the injured, the Tribunal has awarded exorbitant compensation under the heads of pain and suffering, loss of amenities & others heads. He seeks to re-asses the same appropriately by allowing the appeals filed by the insurer.
5. Sri. R.R. Mane & Smt. Preeti Shashank, learned counsel appearing for the respondent/United India Insurance Company support the impugned judgments and awards of the Tribunal with regard to saddling of entire liability on National Insurance Company Limited. It is submitted that the Tribunal taking note of the pleadings and evidence on record has rightly come to the conclusion that the driver of the offending lorry
- 28 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS was negligent and caused the accident in question. The same does not call for modification. They seek to dismiss the appeals.
6. Sri. Vitthal S Teli, Sri. Santosh S Hattikatagi & Sri. Hanamant R Latur, learned counsel representing the claimants support the impugned judgments and awards of the Tribunal. It is submitted that the Tribunal committed an error in assessing the income of the deceased & injured on the lower side and awarded meagre compensation under the head of loss of future prospects, loss of consortium and loss of estate and they seek to re-asses the same by allowing the appeals filed by the claimants.
7. We have heard the learned counsel appearing for the appellant/National Insurance Company Limited, respondent/United India Insurance Company Limited, appellants/claimants and perused the grounds of appeals along with Tribunal records. The point that arises for consideration in these appeals is that, whether the impugned judgments and awards of the Tribunal call for any interference in these proceedings?
8. The parties to the proceedings do not dispute that all the claim petitions are arising out of road accident dated
- 29 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS 17.10.2015 on National Highway-4 road, Masoba Hitni cross between Tempo Tax bearing registration No.KA-23-M-8646 and Truck bearing registration No.TN-52/D-4955. The National Insurance Company is in appeal challenging the saddling of entire liability on it as well as quantum of compensation.
9. The primary contention of the appellant/insurer is that the driver of the Tempo Trax bearing registration No.KA- 23-M-8646 has also contributed to the accident in question without observing the lorry bearing Reg.No.TN-52-D-4955, which was coming from opposite direction, that too when the driver of the Tempo Trax in question was taking turn in the junction. In support of the said contention, the insurer heavily places reliance on Ex.P3(a) and Ex.P4, which are the documents marked before the Tribunal i.e., Spot Panchanama and Spot Sketch. On perusal of the same, it clearly indicates that the driver of the Tempo Trax bearing registration No.KA- 23-M-8646 was proceeding from southern side to northern side on NH-4 as shown in the Sketch i.e., from Nippani towards Belgaum road and took right turn on Hitni cross and was about to cross remaining portion of NH-4, at that time, lorry bearing Reg.No.TN-52-D-4955 came and dashed to Tempo Trax in
- 30 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS question, which pushed further and dashed to the stationed Ambulance. The sketch clearly indicates that the driver of the offending lorry was driving the same in high speed and also it can be gathered from the Sketch itself that as soon as the offending lorry dashed to the Tempo Trax immediately after the junction, the Tempo Trax pushed further for quite distance and dashed to the stationed Ambulance, which resulted in 8 inmates of the Tempo Trax died, one injured and one inmate of the Ambulance has died.
10. This Court can take note of the velocity of the offending lorry based on the circumstances narrated in the Charge Sheet and the Spot Sketch, which are marked before the Tribunal. Admittedly, the jurisdictional police after a detailed investigation filed charge sheet against the driver of the offending lorry and no charge sheet is filed against the driver of the Tempo Trax is another circumstance, which goes against the appellant/insurer with regard to claim of contributory negligence. The entire charge sheet material indicates that the driver of the offending lorry was negligent and caused the accident in question and the charge sheet filed by the police has not been challenged by the Insurer.
- 31 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS Admittedly, the appellant/insurer has not made any attempt to adduce evidence before the Tribunal to prove the negligence of the driver of the Tempo Trax nor has it made any attempt to summon the Investigating Officer, who filed charge sheet and drew Mahazar and Sketch to establish the assertion of negligence of the driver of the Tempo Trax. In the absence of any contrary evidence on record with regard to the contributory negligence of the driver of the Tempo Trax, we are of the considered view that the Tribunal is justified in coming to the conclusion that the driver of the offending lorry caused the accident in question. Hence, on this count also, the contention of the insurer with regard to the contributory negligence does not merit consideration.
11. It would be useful to refer to the decision of the Apex Court in the case of Mangla Ram Vs. The Oriental Insurance Company limited & Others1, wherein paragraphs 31 to 35 are extracted below:
"31. Be that as it may, the next question is whether the Tribunal was justified in concluding that the appellant was also negligent and had contributed equally, which finding rests only on the site map (Ext. 2) indicating the spot where the motorcycle was lying after the accident? 1 (2018) 5 SCC 656
- 32 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS
32. We find substance in the criticism of the appellant that the spot where the motor vehicle was found lying after the accident cannot be the basis to assume that it was driven in or around that spot at the relevant time. It can be safely inferred that after the accident of this nature in which the appellant suffered severe injuries necessitating amputation of his right leg above the knee level, the motorcycle would be pushed forward after the collision and being hit by a high speeding jeep. Neither the Tribunal nor the High Court has found that d the spot noted in the site map, one foot wrong side on the middle of the road was the spot where the accident actually occurred. However, the finding is that as per the site map, the motorcycle was found lying at that spot. That cannot be the basis to assume that the appellant was driving the motorcycle on the wrong side of the road at the relevant time. Further, the respondents did not produce any contra evidence to indicate that the motorcycle was being driven on the wrong side of the road at the time when the offending vehicle dashed it. In this view of the matter, the finding of the Tribunal that the appellant contributed to the occurrence of the accident by driving the motorcycle on the wrong side of the road, is manifestly wrong and cannot be sustained. The High Court has not expressed any opinion on this issue, having already answered the issue about the non- involvement of the offending vehicle in favour of Respondents 2 & 3.
33. In other words, we are inclined to hold that there is no title of evidence about the motorcycle being driven negligently by the appellant at the time of accident. The respondents did not produce any such evidence. That fact, therefore, cannot be assumed. Resultantly, the argument of the respondents that the appellant did not possess a valid motorcycle driving licence at the time of accident, will be of no significance. Thus, we hold that there is no legal evidence to answer the issue of contributory negligence against the appellant.
- 33 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS
34. The next question is about the quantum of compensation amount to be paid to the appellant. The Tribunal noted the claim of the appellant that he was getting Rs 1500 per month towards his salary and Rs 600 per month towards food allowance from Bhanwar Lal. The fact that the appellant had h possessed heavy transport motor vehicle driving licence has not been doubted The driving licence on record being valid for a limited period, cannot be the basis to belie the claim of the appellant duly supported by Bhanwar Lal, that the appellant was employed by him on his new truck. Besides the said income, the appellant claimed to have earning of Rs 1000 per month from farming fields. In other words. we find that the Tribunal has not analysed this evidence in proper perspective. The Tribunal, however, pegged the loss of monthly income to the appellant at Rs 520 per month while computing the compensation amount on the finding that there was no convincing evidence about complete non-employability of the appellant. Further, no provision has been made by the Tribunal towards future prospects. The Tribunal, therefore, should have computed the loss of income on that basis. Additionally, the appellant because of amputation of his right leg would be forced to permanently use prosthetic leg during his lifetime. No provision has been made by the Tribunal in that regard On these heads, the appellant is certainly entitled for enhanced compensation.
35. The next question is about the liability of insurer to pay the compensation amount. The Tribunal has absolved the Insurance Company on a the finding that no premium was received by the Insurance Company nor was any insurance policy ever issued by the Insurance Company in relation to the offending vehicle. Respondents 2 and 3 had relied on a cover note which according to Respondent 1 Insurance Company was fraudulently obtained from the then Development Officer, who was later on sacked by Respondent 1 Insurance Company. The possibility of misuse of
- 34 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS some cover notes lying with him could not be ruled out."
12. The Hon'ble Supreme Court in the aforesaid decision observed that there cannot be any finding with regard to negligence based on the Spot Sketch alone. Thus, we are of the considered view that the Tribunal on appreciation of the entire pleadings and evidence has recorded a detailed finding with regard to negligence and saddled liability on the appellant- Insurance Company. Those findings of the Tribunal are based on the evidence and they are neither perverse nor contrary to the evidence on record calling for interference in the present appeals. Accordingly, we reject the contention of the insurer with regard to the contributory negligence.
13. Insofar as quantum of compensation is concerned, each case is to be dealt with independently as under:
i) In MVC No.600/2016, in support of the claim, PW2-Smt.Laxmi examined herself. The deceased was aged about 33 years and was working as Senior Medical Transcriptionist and earning Rs.20,000/- per month and in addition, he used to earn Rs.10,000/- per month from registered
- 35 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS medical store. To prove the income, the claimants have produced RTC extracts as Ex.P21, and Ex.P20 to P26-Sugar Cane Bills, Income Tax Returns and other documents. Considering those documentary evidence on record, The Tribunal assessed the income of the deceased at Rs.12,000/- per month. We have re-appreciated the entire exhibits and oral testimony of PW2. We are of the considered view that the Tribunal is justified in assessing the income of the deceased based on the income tax returns. However, the Tribunal committed an error in adding 50% of the assessed income of the deceased towards loss of future prospects. The deceased was not a permanent employee, hence, appropriate addition would be 40% towards loss of future prospects. Hence, the entire compensation is reassessed as under:
Loss of dependency Rs.21,50,400/- (Rs.12000 + 40% x 12 x 16 x 2/3) Loss of consortium Rs. 1,32,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.23,15,400/-
-------------------
- 36 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
Thus, the claimants shall be entitled to total compensation of Rs.23,15,400/- as against Rs.26,29,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
ii) In MVC No.284/2016, the deceased was aged about 65 years. Wife and two children of the deceased have filed claim petitions. The Tribunal assessed income of the deceased at Rs.9,000/- per month, which is on the higher side, as no cogent and acceptable evidence is placed by the claimants.
Hence, we re-assess the income of the deceased notionally at Rs.8,000/- per month. No appeal is filed by the claimants. Hence, the compensation is reassessed as under:
Loss of dependency Rs.4,48,000/- (Rs.8000 x 12 x 7 x 2/3) Loss of consortium Rs.1,32,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
------------------
TOTAL Rs.6,13,000/-
-------------------
Thus, the claimants shall be entitled to total compensation of Rs.6,13,000/- as against
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NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS Rs.6,29,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
iii) In MVC No.286/2016, the deceased was aged about 38 years and he had completed BAMS course and was earning Rs.30 lakhs per annum from his avocation. No cogent and acceptable evidence is placed before the Tribunal. The Tribunal considering the educational qualification of the deceased, assessed notional income at Rs.15,000/- per month, which is just and proper and does not call for interference. The Tribunal has committed an error in adding 50% of the assessed income towards loss of future prospects. Admittedly, the deceased was neither a government employee nor a permanent employee and therefore, appropriate addition would be 40% to the assessed income under the head of loss of future prospects. There are four claimants and therefore, appropriate deduction would be 1/4th as against 1/3rd towards personal and living expenses of the deceased. The compensation is reassessed as under:
- 38 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS Loss of dependency Rs.28,35,000/- (Rs.15000 + 40% x 12 x 15 x 3/4) Loss of consortium Rs. 1,76,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.30,44,000/-
-------------------
Thus, the claimants shall be entitled to total compensation of Rs.30,44,000/- as against Rs.28,85,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
iv) In MVC No.2650/2015, the deceased was aged about 38 years and the Tribunal assessed his income at Rs.7,000/- per month. Though there is no appeal from the claimants, we are reassessing the entire compensation by taking income of the deceased notionally at Rs.8,000/- per month placing reliance on notional income chart prepared by KSLSA. Hence, compensation is reassessed as under:
Loss of dependency Rs.15,12,000/- (Rs.8000 + 40% x 12 x 15 x 3/4) Loss of consortium Rs. 2,64,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.18,09,000/-
-------------------
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NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
Thus, the claimants shall be entitled to total compensation of Rs.18,09,000/- as against Rs.13,93,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
v) In MVC No.2651/2015, the deceased was aged about 40 years at the time of the accident and his income was assessed by the Tribunal at Rs.7,000/-
per month. Though there is no appeal from the claimants, we are reassessing the entire compensation by taking notional income of the deceased at Rs.8,000/- per month by placing reliance on notional income chart prepared by KSLSA. The Tribunal committed an error in adding 40% of the assessed income towards loss of future prospects. The deceased was aged above 40 years, hence, appropriate addition would be 25%. Hence, compensation is reassessed as under:
Loss of dependency Rs.13,50,000/- (Rs.8000 + 25% x 12 x 15 x 3/4) Loss of consortium Rs. 1,76,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.15,59,000/-
-------------------
- 40 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
Thus, the claimants shall be entitled to total compensation of Rs.15,59,000/- as against Rs.13,93,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
vi) In MVC No.2498/2015, the deceased was aged about 35 years at the time of the accident. The Tribunal assessed income of the deceased at Rs.7,000/- per month. Admittedly, no evidence is placed on record. However, we reassess the income of the deceased notionally at Rs.8,000/- per month by placing reliance on notional income chart prepared by KSLSA. Hence, the compensation is reassessed as under:
Loss of dependency Rs.16,12,800/- (Rs.8000 + 40% x 12 x 16 x 3/4) Loss of consortium Rs. 1,76,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.18,21,800/-
-------------------
Thus, the claimants shall be entitled to total compensation of Rs.18,21,800/- as against Rs.11,03,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
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NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS
vii) In MVC No.2501/2015, the deceased was aged about 65 years and the Tribunal assessed income at Rs.7,000/- per month. Admittedly, no evidence is placed on record. We reassess the income of the deceased notionally at Rs.8,000/- per month placing reliance on notional income chart prepared by KSLSA. Hence, compensation is reassessed as under:
Loss of dependency Rs.4,48,000/- (Rs.8000 x 12 x 7 x 2/3) Loss of consortium Rs.1,32,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.6,13,000/-
-------------------
Thus, the claimants shall be entitled to total compensation of Rs.6,13,000/- as against Rs.6,87,709/-, which shall carry interest at 6% per annum from the date of petition till realization.
viii) In MVC No.2500/2015, the deceased was aged about 62 years. His income was assessed by the Tribunal at Rs.7,000/- per month. Admittedly, no evidence is placed on record. We reassess the income of the deceased notionally at Rs.8,000/- per
- 42 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS month placing reliance on notional income chart prepared by KSLSA. There are four claimants. Hence, the compensation is reassessed as under:
Loss of dependency Rs.5,04,000/- (Rs.8000 x 12 x 7 x 3/4) Loss of consortium Rs.1,76,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
-------------------
TOTAL Rs.7,13,000/-
-------------------
Thus, the claimants shall be entitled to total compensation of Rs.7,13,000/- as against Rs.5,36,000/-, which shall carry interest at 6% per annum from the date of petition till realization.
ix) In MVC No.2497/2015, the claim is by the injured and he was aged about 50 years. The evidence on record indicates that the claimant has sustained fracture of proximal tibia undisplaced medial condyle fracture tibia with comminuted avulsion fracture and comminuted fracture of left scapula with fracture anterior segment of 2nd rib and posterior aspect of 8th & 9th rib of left side. The doctor assessed disability of the injured at 27% to the left lower limb. The Tribunal considering the
- 43 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS same has rightly assessed the whole body disability of the injured at 9%, which is unaltered. The injured income is reassessed at Rs.8,000/- per month. The Tribunal committed an error in awarding Rs.1,00,000/- under the head of pain and suffering, Rs.50,000/- towards loss of amenities and awarded higher compensation under the head of loss of income during laid up period. Hence, we re-assess the entire compensation as under:
Pain and suffering Rs.50,000/-
Loss of amenities Rs.40,000/-
Medical expenses Rs.1,22,864/-
Loss of future income Rs.1,12,320/-
(Rs.8000 x 12 x 13 x 9%)
Loss of income during laid-up period Rs.24,000/- Food, nourishment, attendant etc. Rs.15,000/-
------------------
Total Rs.3,64,184/-
------------------
Thus, the injured/claimant shall be entitled to total compensation of Rs.3,64,184/- as against Rs.4,16,144/- awarded by the Tribunal, which shall carry interest at the rate of 6% per annum from the date of petition till date of realization.
x) In MVC No.2499/2015, the deceased was aged about 38 years and it was claimed that he was
- 44 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS doing milk vending business and also an agriculturist and thereby, he was earning Rs.20,000/ per month. The Tribunal assessed income of the deceased at Rs.7,000/- per month. Admittedly, no evidence is placed on record. We reassess the income of the deceased notionally at Rs.8,000/- per month placing reliance on notional income chart prepared by KSLSA. The Tribunal erred in deducting 1/3rd of the assessed income towards personal and living expenses of the deceased. The wife is the only claimant. Hence, appropriate deduction towards personal and living expenses of the deceased would be 50%. Hence, compensation is reassessed as under:
Loss of dependency Rs.10,08,000/-
(Rs.8000 +40% x 12 x 15 x 50%)
Loss of consortium Rs. 44,000/-
Loss of estate Rs. 16,500/-
Funeral expenses Rs. 16,500/-
------------------
Total Rs.10,85,000/-
------------------
Thus, the claimant shall be entitled to total
compensation of Rs.10,85,000/- as against
- 45 -
NC: 2024:KHC-D:12475-DB
MFA No. 102144 of 2020
C/W MFA No. 100703 of 2017
MFA No. 100704 of 2017
AND 13 OTHERS
Rs.9,10,060/-, which shall carry interest at 6% per annum from the date of petition till realization. For the aforementioned reasons, we proceed to pass the following:
ORDER
a) The above appeals/cross objections are allowed in part.
b) The impugned judgments and awards of the Tribunal are modified to the aforesaid extent holding that the claimants shall be entitled to modified compensation as under:
Sl. MVC No. Award of Award of this
No. Tribunal Court
1. 600/2016 Rs.26,29,000/- Rs.23,15,400/-
2. 284/2016 Rs.6,29,000/- Rs.6,13,000/-
3. 286/2016 Rs.28,85,000/- Rs.30,44,000/-
4. 2650/2015 Rs.13,93,000/- Rs.18,09,000/-
5. 2651/2015 Rs.13,93,000/- Rs.15,59,000/-
6. 2498/2015 Rs.11,03,000/- Rs.18,21,800/-
7. 2501/2015 Rs.6,87,709/- Rs.6,13,000/-
8. 2500/2015 Rs.5,36,000/- Rs.7,13,000/-
9. 2497/2015 Rs.4,16,144/- Rs.3,64,184/-
10. 2499/2015 Rs.9,10,060/- Rs.10,85,000/-
c) The aforesaid entire compensation amount in each of the cases shall carry interest at the rate of 6% per annum from the date of petitions till realization.
d) The appellant/National Insurance Company Limited is liable to pay the aforementioned
- 46 -
NC: 2024:KHC-D:12475-DB MFA No. 102144 of 2020 C/W MFA No. 100703 of 2017 MFA No. 100704 of 2017 AND 13 OTHERS entire compensation amount and the same shall be deposited before the Tribunal within a period of eight weeks from the date of receipt of certified copy of this judgment.
e) Apportionment, deposit and disbursement shall be made as per award of the Tribunal.
f) The amount in deposit, if any, shall be transmitted to the Tribunal along with TCR forthwith.
g) Draw modified award accordingly.
h) No order as to costs.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE JTR List No.: 1 Sl No.: 46