Karnataka High Court
The New India Assurance Co. Ltd., vs Smt. Sunanda W/O Chandrappa Kunded on 22 January, 2013
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 22ND DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
M.F.A. No.23071/2012 (MV)
BETWEEN:
The New India Assurance Co.Ltd.,
By its Divisional Manager,
Divisional Office,
Club Road, Belgaum,
Rep. By its Asst. Manager,
Regional Office, TP-HUB,
II Floor, Srinath Complex,
New Cotton Market,
Hubli -580029. .. APPELLANT
(By Sri.G.N.Raichur, Adv.)
AND:
1) Smt.Sunanda,
W/o.Chandrappa Kunded,
Age: 29 years,
Occ: Household work,
R/o.Islampur, Tq: Hukkeri,
Dist: Belgaum,
Now at Vaibhav Nagar,
Belgaum.
2) Sri.Chandrappa,
S/o.Basavanni Kunded,
2
Age: 36 years,
Occ: Agriculture,
R/o.Islampur, Tq: Hukkeri,
Dist: Belgaum,
Now at Vaibhav Nagar,
Belgaum.
3) Sri.Mallappa Gangappa Kotagi,
Age: 41 years,
Occ: Business,
R/o.Islampur, Tq: Hukkeri,
Dist: Belgaum,
Now at Vaibhav Nagar,
Belgaum. .. RESPONDENTS
(By Smt.Geetha.K.M. @ Pawar, Adv. For C/R.1 & R.2; R3
served, but unrepresented)
****
This MFA is filed u/S.173(1) of MV Act, against the
judgment and award dt.16.4.2012 passed in
MVC.No.1419/11 on the file of the Prl.Sr.Civil Judge &
Member, Addl.MACT, Belgaum, awarding the compensation
of Rs.3,75,000/- with interest at the rate of 6% p.a. from
the date of petition till realisation.
This appeal coming on for admission this day, the
Court delivered the following:
3
JUDGMENT
The Insurance Company has preferred this appeal seeking reduction of the quantum of compensation by assailing the judgment passed in MVC.No.1419/2011 dated 16/04/2012 by the Additional MACT, Belgaum.
2. The relevant facts of the case are that on 29/01/2011 at about 7.30 hours at Islampur village, Hukkeri Taluk, a minor girl aged about five years by name Ashwini, who was playing in front of the house of one Siddappa Kotagi, sustained fatal injuries and died on the spot on account of the rash and negligent driving of a Mahindra Tractor bearing Regn.No.KA-37/T-6895 and Trailer bearing Regn.NO.KA-22/T-1835. The parents of the deceased Ashwini filed the claim petition seeking compensation. The claim petition was contested by the appellant - insurer. On the basis of the evidence on record, the Tribunal awarded compensation of Rs.3,75,000/- with interest at the rate of 6% p.a. from the date of claim petition till the date of realisation. Being 4 aggrieved by the award of compenation, the Insurance Company has preferred this appeal.
3. I have heard the learned counsel for the appellants and the learned counsel for the respondent - claimants and perused the material on record.
4. It is contended on behalf of the insurer that since the deceased was aged five years in the instant case and having regard to the dictum of the Apex Court in the case of New India Assurance Co. Ltd. v. Satender and Others [2006 (13) SCC 60], the compensation that ought to have been awarded was Rs.1,80,000/-. But in the instant case, the Tribunal has erroneously awarded Rs.3,75,000/-, which calls for reduction.
5. Per contra, learned counsel for respondent - claimants has placed reliance on the The New India Assurance Company Ltd. v. Sri Subhash Kallappa Patil and another [2012 Kant M.A.C. 346 (Kant)], to contend that in the said case, Rupees Four lakhs has been 5 awarded for the death of a minor and that there is no merit in this appeal.
6. Having regard to the rival contentions, the only point that arises for my consideration is as to whether the award of the Tribunal calls for any reduction.
7. In this case, it is not in dispute that the deceased Ashwini was a minor child of five years. In the case of New India Assurance Co. Ltd. v. Satender and Others [2006 (13) SCC 60], at para 12 it has been held as under:-
"In cases of young children of tender age, in view of uncertainties abound, neither their income at the time of death nor the prospects of the future increase in their income nor chances of advancement of their career are capable of proper determination on estimated basis. The reason is that at such an early age, the uncertainties in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that as things can be assumed with reasonable 6 certainty. Therefore, neither the income of the deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation."
8. In the said case, the deceased was aged nine years, a sum of Rs.1,80,000/- was awarded with interest at 7.5% p.a. from the date of filing of the petition till the date of realisation. On the other hand, in the case of Subhash Kallappa Patil, the deceased was ten years old girl, who died in the accident. It is under those circumstances, that a sum of Rupees Four lakhs was awarded by this Court as against the compensation of Rs.2,75,000/- awarded by the Tribunal. The rate of interest awarded was reduced from 9% to 6% p.a. The decision in Subhash Kallappa Patil, would not be applicable having regard to the fact that the deceased in the instant case was only five years old. The dictum in Satender's case is applicable since the deceased is less than nine years. Having regard to the fact that in 7 MFA.No.20062/2011 c/w MFA.CROB.759/2011 disposed of today, for a death of five year old minor girl, a sum of Rs.2 lakhs with interest at 9% p.a. has been affirmed by me, hence, I am of the considered view that a consistent amount must be awarded in the instant case also since in this case also, the deceased is a five year old girl. Therefore, the compensation of a sum of Rs.2 lakhs with interest at 9% p.a. is awarded from the date of petition till the date of realisation. Consequently, the appeal of the Insurance Company is allowed in part.
The amount in deposit before this Court shall be transmitted to the Tribunal concerned, if the same has not yet been withdrawn by the respondent - claimants.
SD/-
JUDGE *mvs