Karnataka High Court
Smt. Chambawwa W/O. Doddappa Halasgi vs Shri. M. B. Mutha on 20 September, 2024
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100312 OF 2018 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100311 OF 2018 (MV-D)
MFA CROSS OBJ NO. 100052 OF 2021 (MV-D)
MFA CROSS OBJ NO. 100053 OF 2021 (MV-D)
IN MFA NO. 100312 OF 2018
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD.,
ISSUING BRANCH OFFICE 172201,
1ST FLOOR, WADIA BUILDING STATION ROAD,
SOLSUMBA, TALUKA: UMBERGAON,
DIST. VALSAD, GUJRATH STATE-219178.
...APPELLANT
(BY SRI. G. N. RAICHUR, ADVOCATE)
Digitally signed
by JAGADISH T
R AND:
Location: High
Court of
Karnataka, 1. SMT. NAGAVVA NAGAPPA UDDANAIK,
Dharwad Bench
AGE: 35 YEARS, OCC: HOUSEHOLD,
R/O: TEERTHKUNDE VILLAGE,
TALUKA: KHANAPUR, DIST: BELAGAVI-590001.
2. KUM. GEETA D/O. NAGAPPA UDDANAIK,
AGE: 17 YEARS, OCC: STUDENT,
R/O: TEERTHKUNDE VILLAGE,
TALUKA: KHANAPUR, DIST: BELAGAVI-590001.
3. KUM. SIDDAVVA D/O. NAGAPPA UDDANAIK,
AGE: 15 YEARS, OCC: STUDENT,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
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MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
4. KUM. SAVITRI D/O. NAGAPPA UDDANAIK,
AGE: 13 YEARS, OCC: STUDENT,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
5. KUM. SRUSTI D/O. NAGAPPA UDDANAIK,
AGE: 10 YEARS, OCC: STUDENT,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
6. KUM. SANJANA D/O. NAGAPPA UDDANAIK,
AGE: 6 YEARS, OCC: NIL,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
7. MASTER DURGAPPA S/O NAGAPPA UDDANAIK,
AGE: 6 YEARS,OCC: NIL,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
8. MASTER LAXMAN S/O. NAGAPPA UDDANAIK,
AGE: 6 YEARS, OCC: NIL,
R/O: TEERTHKUNDE VILLAGE,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
(RESPONDENT NO.2 TO 8 ARE MINORS.
HENCE REPRESENTED BY THEIR NATURAL
MOTHER AS GUARDIAN).
9. SMT. SATTEVVA W/O. PARASAPPA UDDANAIK,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O: SANKOPP VILLAGE, TQ: BAILHONGAL,
DIST: BELAGAVI-590001.
10. SHRI.PARASAPPA S/O. MALLAPPA UDDANAIK,
AGE: 53 YEARS, OCC: NIL,
R/O: SANKOPP VILLAGE,
TQ: BAILHONGAL, DIST: BELAGAVI-590001.
11. SHRI. BHUPENDRA S/O. RAVINDRA GAVAD
AGE: MAJOR, OCC: BUSINESS,
R/O: C-39 GIDC COLONY SOLSUMBA,
TQ: UMBERGAON, DIST: VALSAD
GUJARAT STATE-219178.
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
12. M/S.PARAG GASES AND CHEMICAL PVT LTD.,
APS NO.252 PLOT NO.9 AND 10 KADAMVASTI
OPP: HP TERMINALS LONI KALBHOR
TALUKA HAVELI, PUNE-MAHARASTRA-411002.
13. THE GENERAL MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE
COMPANY LTD., SUNDARAM TOWERS,
45 & 46 WHITES ROAD, CHENNAI-600014.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1 TO R10;
R2 TO R8 ARE MINORS, REP. BY R1;
SRI. S. K. KAYAKAMATH, ADV. FOR R13;
NOTICE TO R11 IS HELD SUFFICIENT;
NOTICE TO R12 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, CALL FOR THE RECORDS AND HEAR THE PARTIES AND
MODIFY THE JUDGMENT AND AWARD DATED 13.10.2017 PASSED BY
THE COURT OF THE X ADDL. DISTRICT JUDGE AND MEMBER OF
ADDL. MACT BELAGAVI MVC NO.166/2013 BY EXONERATING THE
APPELLANT INSURANCE COMPANY BY DISMISSING THE CLAIM
PETITION AGAINST THE APPELLANT INSURANCE COMPANY BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA NO. 100311 OF 2018
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD,
ISSUING BRANCH OFFICE 172201,
1ST FLOOR, WADIA BUILDING STATION ROAD,
SOLSUMBA TALUKA UMBERGAON,
DIST: VALSAD, GUJRATH STATE-219182.
...APPELLANT
(BY SRI. G. N. RAICHUR, ADVOCATE)
AND:
1. SMT. CHAMBAWWA W/O. DODDAPPA HALASAGI,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. KADATANA-BAGEWADI,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
2. KUMAR AKASH S/O. DODDAPPA HALASAGI,
AGE: 16 YEARS, OCC: STUDENT,
R/O. KADATANA-BAGEWADI,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
3. KUMARI ARPITA D/O. DODDAPPA HALASAGI,
AGE: 13 YEARS, OCC: STUDENT,
R/O. KADATANA-BAGEWADI,
TALUKA KHANAPUR, DIST: BELAGAVI-590001
(RESPONDENT NO.2 & 3 ARE MINORS HENCE
THEY ARE REPRESENTED BY THEIR NATURAL
MOTHER AND MINOR GUARDIAN-RESPONDENT NO.1)
4. SMT. SHIVALINGAWWA W/O. GANGAPPA HALASAGI,
AGE: 71 YEARS, OCC: HOUSEHOLD,
R/O. KADATANA-BAGEWADI,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
5. SHRI. GANGAPPA S/O. KAREPPA HALASAGI,
AGE: 81 YEARS, OCC: NIL,
R/O. KADATANA-BAGEWADI,
TALUKA KHANAPUR, DIST: BELAGAVI-590001.
6. SHRI M. B. MUTHA,
AGE: MAJOR, OCC: MD PARAG GASES AND
PETROCHEMIOCAL PVT LTD,
R/O. S.NO.252, PLOT NO.9 AND 10 KADANI VASTI
OPP: HP TERMINAL LONIKALBHOR TALUKA HAVELI,
PUNE-MAHARASHTRA.-40002.
7. THE GENERAL MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE
COMPANY LTD., SUNDARAM TOWERS,
45 & 46 WHITES ROAD, CHENNAI-600014,
REGISTERED OFFICE 21, PATULLOS ROAD,
CHENNAI-6000002.
8. SHRI. BHUPENDRA R. GAVAD
AGE: MAJOR, OCC: BUSINESS,
R/O. C-39 GIDC COLONY, SOLSUMBA,
TALUKA UMBERGAON, DIST: VALSAD,
GUJARAT STATE-219182.
...RESPONDENTS
(BY SRI. GURURAJ R. TURAMARI, ADV. FOR R1 & R4;
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
R2 & R3 ARE MINORS, REP. BY R1;
SRI. S. K. KAYAKAMATH, ADV. FOR R7; R5 IS DECEASED;
NOTICE TO R6 SERVED; NOTICE TO R8 IS HELD SUFFICIENT)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, CALL FOR THE RECORDS AND HEAR THE PARTIES AND
MODIFY THE JUDGMENT AND AWARD DATED 13.10.2017 PASSED BY
THE COURT OF THE X ADDL. DISTRICT JUDGE AND MEMBER OF
ADDL. MACT BELAGAVI MVC NO.2153/2012 BY EXONERATING THE
APPELLANT INSURANCE COMPANY BY DISMISSING THE CLAIM
PETITION AGAINST THE APPELLANT INSURANCE COMPANY BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND
EQUITY.
IN MFA CROB NO. 100052 OF 2021
BETWEEN:
1. SMT. NAGAVVA NAGAPPA UDDANAIK,
AGE. 38 YEAR, OCC. HOUSEHOLD,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
2. SMT. GEETA D/O. NAGAPPA UDDANAIK,
AGE. 20 YEAR, OCC. STUDENT,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
3. KUM. SIDDAVVA @ KANCHAN
D/O. NAGAPPA UDDANAIK,
AGE. 18 YEARS, OCC. STUDENT,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI
(SIDDAVVA IS CALLED AS KACHAN)
4. KUM. SAVITRI D/O. NAGAPPA UDDANAIK,
AGE. 16 YEAR, OCC. STUDENT,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
5. SRUSTI D/O. NAGAPPA UDDANAIK
AGE. 13 YEAR, OCC. STUDENT,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
6. KUM. SANJANA D/O. NAGAPPA UDDANAIK,
AGE. 12 YEAR, OCC. NIL,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
7. MASTER DURGAPPA S/O. NAGAPPA UDDANAIK,
AGE. 9 YEAR, OCC. NIL,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
8. MASTER LAXMAN S/O. NAGAPPA UDDANAIK,
AGE. 9 YEAR, OCC. NIL,
R/O. TEERTHKUNDE VILLAGE,
TQ. KHANAPUR, DIST. BELAGAVI.
CROSS OBJECTOR NO.4 TO 8 ARE MINOR
REPRESENTED BY MOTHER CROSS OBJECTOR NO.1.
9. SMT. SATTEVVA W/O. PARASAPPA UDDANAIK,
AGE. 53 YEAR, OCC. HOUSEHOLD,
R/O. SANKOPP VILLAGE,
TALUKA BAILHONGAL, DIST. BELAGAVI.
10. SHRI. PARASAPPA S/O. MALLAPPA UDDANAIK,
AGE. 56 YEARS OCC. NILL,
R/O. SANKOPP VILLAGE,
TALUKA BAILHONGAL, DIST. BELAGAVI.
...CROSS OBJECTORS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. MR. BHUPENDRA S/O. RAVINDRA GAVAD,
AGE. MAJOR, OCC. BUSINESS,
R/O. C-39, GIDC COLONY,
UMBERGAON, DIST. VALSAD GUJARAT.
2. THE ORIENTAL INSURANCE CO.LTD.,
THROUGH ITS DIVISIONAL OFFICE
MADIWALE COMPLEX, III FLOOR,
CLUB ROAD, BELAGAVI-590001.
3. M/S. PARAG GASES AND CHEMICAL PVT. LTD.,
APS NO.252, PLOT NO.9 AND 10,
KADAMVASTI OPP. HP TERMINALS
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
LONI KALBHOR, TQ. HAVELI PUNE,
MAHARASHTRA 411002.
4. ROYAL SUNDRAM ALLIANCE INSURANCE CO.LTD.,
SUNDARAM TOWERS, 45 AND 46 WHITE ROAD,
CHENNAI-600014.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
SRI. G. N. RAICHUR, ADV. FOR R4;
NOTICE TO R1 & R3 IS DISPENSED WITH)
THIS MFA.CROB IN MFA NO.100312/2018 IS FILED UNDER
ORDER 41 RULE 22 OF CPC. 1908, AGAINST THE JUDGMENT AND
AWARD DATED 13.10.2017 PASSED IN MVC NO. 166/2013 ON THE
FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA CROB NO. 100053 OF 2021
BETWEEN:
1. SMT. CHAMBAWWA W/O. DODDAPPA HALASAGI,
AGE 37 YEARS, OCC HOUSEHOLD WORK,
R/O. KADATANA-BAGEWADI
TQ. KHANAPUR, DIST. BELAGAVI-591302.
2. KUMAR AKASH S/O. DODDAPPA HALASAGI
AGE 19 YEARS, OCC. STUDENT,
R/O. KADATANA-BAGEWADI,
TQ. KHANAPUR, DIST. BELAGAVI-591302.
3. KUMARI ARPITA D/O. DODDAPPA HALASAGI,
AGE 16 YEARS, OCC. STUDENT,
R/O. KADATANA-BAGEWADI,
TQ. KHANAPUR, DIST. BELAGAVI-591302.
4. SMT. SHIVALINGAWWA S/O. GANGAPPA HALASAGI,
AGE 74 YEARS, OCC. HOUSEHOLD WORK,
R/O. KADATANA-BAGEWADI,
TQ. KHANAPUR, DIST. BELAGAVI-591302.
5. GANGAPPA S/O. KAREPPA HALASAGI,
AGE 84 YEARS, OCC. NIL,
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
R/O. KADATANA-BAGEWADI,
TQ. KHANAPUR, DIST. BELAGAVI-591302.
(NOTE: THE CROSS OBJECTOR NO.3 IS THE MINOR
REPRESENTED BY MINOR GUARDIAN MOTHER
AS CROSS OBJECTOR NO.1)
...CROSS OBJECTORS
(BY SRI. G. R. TURAMARI, ADVOCATE)
AND:
1. SHRI. M. B. MUTHA,
AGE MAJOR, OCC. MD PARAG GASES
AND CHEMICAL PVT LTD.,
R/O. S.NO. 252, PLOT NO.9,
AND 10 KADANI VASTI,
OPP. HP TERMINAL LONIKALBHOR,
TQ. HAVEELI, PUNE MAHARASHTRA.
2. THE GENERAL MANAGER,
ROYAL SUNDARAM GENERAL INSURANCE CO. LTD.,
SUNDARAM TOWERS, 45 AND 46 WHITES ROAD,
CHENNAI-600041, REGISTERED OFFICE-21,
PATULLS ROAD, CHENNAI-600002.
3. SHRI. BHUPENDRA R GAVAD,
AGE MAJOR, OCC BUSINESS
R/O. C-39 GIDC COLONY, SOLSUMBA,
TQ. UMBEREGAON, DIST. VALSAD,
STATE. GUJARAT-219182.
4. THE ORIENTAL INSURANCE CO. LTD.,
ISSUING BRANCH OFFICE 172201,
1ST FLOOR, WADIA BUILDING,
STATION ROAD, SOLSUMBA,
TQ. UMBEREGAON, DIST. VALSAD,
STATE. GUJARAT-219182.
...RESPONDENTS
(BY SRI. G. N. RAICHUR, ADV. FOR R2;
SRI. S. K. KAYAKAMATH, ADV. FOR R4;
NOTICE TO R1 SERVED; NOTICE TO R3 DISPENSED WITH)
THIS MFA.CROB IN MFA NO.100311/2018 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 13.10.2017 PASSED IN MVC NO. 2153/2012 ON THE FILE OF
THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION
THESE APPEALS AND CROSS OBJECTIONS, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
ORAL JUDGMENT
MFA Nos.100312/2018 & 100311/2018 are filed by the appellant - The Oriental Insurance Co., Ltd., challenging the saddling of liability on it as well as quantum of compensation, whereas, MFA Crob.Nos.100052/2021 & 100053/2021 are filed by the claimants seeking for higher compensation. All the appeals are filed being aggrieved by the common judgment and award dated 13.10.2017 passed in MVC Nos.2153/2012 & 166/2013 by the X Additional District Judge and Member of Additional MACT, Belagavi (for short, 'Tribunal').
2. Brief facts leading to filing of these appeals are that on 01.08.2012 one Sri.Doddappa Gangappa Halasagi, being the rider of the motorcycle, and Sri.Nagappa Parasappa Uddanaik, being the pillion rider, were proceeding on the motorcycle from Belagavi to Hirebagewadi, at that time the driver of the Tanker Lorry bearing Reg.No.MH-12-CT-5992 was proceeding from Belagavi to Hirebagewadi in a high speed, at that time, a Tata
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER Medium Goods vehicle/Canter Lorry bearing Reg.No.GJ-15-UU- 122, which was going ahead of the Tanker Lorry, was hit by the Tanker Lorry, resulting in the said Canter Lorry turned down and toppled on the Bajaj Discover motorcycle, which was riding by Sri.Doddappa along with Sri.Nagappa as pillion rider and both of them sustained grievous injures and succumbed to the injuries. The deceased Doddappa was aged about 32 years at the time of accident and was working as Bolting work at Belagavi and was earning Rs.9,000/- p.m. Similarly, the deceased Nagappa was aged about 34 years and was an agriculturist and also doing coolie work and earning Rs.10,000/- p.m. The legal heirs of the deceased have filed the claim petitions under Section 166 of the Motor Vehicles Act, 1988.
3. The contesting respondents entered appearance before the Tribunal and opposed the claim petitions. The insurer of the Tanker Lorry and insurer of Tata Medium Goods vehicle/Canter Lorry have opposed the claim petition by denying their respective liability stating that the drivers of their respective vehicles were not negligent and they have also
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER denied the age, income and avocation of the deceased persons and sought for dismissal of the claim petitions.
4. The Tribunal recorded the evidence of the parties, claimants have got examined 2 witnesses as PWs-1 & 2 and got marked 16 documents as Exs.P-1 to P-16, the respondents have got examined 2 witnesses as RWs-1 & 2 and got marked Exs.R-1 to R-5. The Tribunal considering the evidence, has awarded total compensation of Rs.10,49,000/- in MVC No.2153/2012 and Rs.11,06,600/- in MVC No.166/2013. Being aggrieved by the same, the insurer of Tata Medium Goods Vehicle/Canter Lorry bearing Reg.No.GJ-15-UU-122 i.e., The Oriental Insurance Co., Ltd., has preferred the appeals challenging the saddling of entire liability on it and the claimants have filed the cross objections seeking for higher compensation.
5. Sri.G.N.Raichur, learned counsel for the appellant- The Oriental Insurance Co., Ltd., submits that the Tribunal has committed grave error in saddling the entire liability on the appellant-insurance company. He submits that saddling of liability is contrary to the findings recorded by the Tribunal
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER itself. The Tribunal has recorded the finding that both the drivers of Tanker Lorry and the Tata Medium Goods vehicle were negligent, however, the entire liability is saddled on the appellant-insurance company. He further submits that the jurisdictional police, after investigation, filed charge sheet against the driver of the Tanker Lorry bearing Reg.No.MH-CT- 5992. Hence, the entire liability is required to be shifted on the Royal Sundaram General Insurance Company Ltd., which is the insurer of the Tanker Lorry in question. It is submitted that the Canter Lorry/Tata Medium Goods vehicle was proceeding on the left side of the road and Tanker Lorry came from behind and hit the Canter Lorry resulting in toppling of the Canter Lorry, hence, there cannot be any liability on the part of the insurer. Hence, he seeks to allow the appeal by shifting the liability on the Royal Sundaram General Insurance Company Ltd., by allowing the appeals filed by the appellant-insurer.
6. Sri. S.K.Kayakmath, learned counsel appearing for the Royal Sundaram General Insurance Company Ltd., submits that the Tribunal has recorded detailed finding at para Nos.10 and 11 with regard to contributory negligence of the drivers of
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER two vehicles and came to the conclusion that the negligence is composite one and directed the appellant - The Oriental Insurance Co.Ltd., to pay the entire liability which does not call for any modification. He seeks to dismiss the appeals filed by the insurer as well as the claimants.
7. Sri. Vitthal S.Teli and Sri.G.R.Turumuri, learned counsel appearing for the claimants in chorus submit that the Tribunal has recorded clear finding with regard to contributory negligence and directed the appellant-insurer to pay the compensation which they seek to sustain. It is submitted that insofar as quantum of compensation is concerned, the Tribunal has committed error in assessing the income of the deceased at Rs.6,000/- per month which they seek to re-assess the same appropriately and they also seek to add appropriate addition of 40% to the assessed income as future prospects and award compensation under the heads of 'loss of consortium', 'loss of estate' and 'transportation of dead body and funeral expenses' with appropriate escalation by applying the law laid down by the Apex Court in the case of National Insurance Company
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER Limited Vs. Pranay Sethi & Others1. Thus, they seek to allow the appeals filed by the claimants.
8. I have heard the arguments of the learned counsel appearing for the parties and perused the material available on record including trial Court records.
9. It is not in dispute that in a road accident dated 01.08.2012 one Sri.Doddappa and Sri.Nagappa sustained grievous injuries and later they succumbed to the injuries. The pleadings and evidence available on record indicate that the accident is caused due to the rash and negligent driving of the vehicles by the driver of Tanker lorry bearing registration No.MH-12/CT-5992 as well as driver of the Canter Lorry bearing registration No.GJ-15/UU-122. Though the Police have filed charge sheet only against the driver of the Tanker Lorry bearing registration No.MH-12/CT-5992, the finding and evidence available on record clearly indicate that the driver of the Canter Lorry bearing registration No.GJ-15/UU-122 was also driving the same in a very high speed, when the hind side of his vehicle was hit by Tanker Lorry bearing registration No. 1 2017(16) SCC 680
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER MH-12/CT-5992 the vehicle insured by The Oriental Ins.Co.Ltd., has toppled, resulted in accident. Hence, I am of the considered view that the Tribunal is justified in coming to the conclusion that both the drivers of the lorries were negligent and contributed to the accident in question, hence, it is a case of composite negligence. However, the Tribunal has committed error in saddling entire liability on the appellant- The Oriental Ins.Co.Ltd. Considering the evidence available on record, I am of the considered view that the interest of justice would be met if the liability is apportioned between the two insurers to the extent of 50% each by holding both the drivers negligent to the extent of 50% each. Hence, liberty is reserved to the appellant
- The Oriental Insurance Co. Ltd., to recover 50% of the compensation amount from the insurer of another vehicle i.e. Royal Sundaram General Insurance Co.Ltd.
10. Insofar as the quantum of compensation is concerned, admittedly the claimants have not produced any proof with regard to the income of the deceased, hence, the income of both the deceased is notionally re-assessed at Rs.6,500/- per month relying on the notional income chart
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NC: 2024:KHC-D:13454 MFA No. 100312 of 2018 C/W MFA No. 100311 of 2018 MFA.CROB No. 100052 of 2021 AND 1 OTHER prepared by the Karnataka State Legal Services Authority and 40% of the assessed income is added under the head of loss of future prospects. There is no dispute with regard to the multiplier and deduction towards personal and living expenses of the deceased.
11. Each of the claimants are entitled to Rs.44,000/- under the head of loss of consortium which includes 10% escalation. The claimants are also entitled to Rs.16,500/- under the head of 'loss of estate' and Rs.16,500/- under the head of 'transportation of dead body and funeral expenses' which include 10% escalation. Thus, the claimants would be entitled to modified compensation on the following heads:
In MVC.No.2153/2012 (MFA.No.100312/2018 and MFA.CROB.No.100052/2021) :-
Particulars Amount
(in Rs.)
Loss of dependency 13,10,400/-
(i.e. Rs.6,500 + 40% x 12 x 16 x ¾)
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 5 2,20,000/-
dependants)
Total 15,63,400/-
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NC: 2024:KHC-D:13454
MFA No. 100312 of 2018
C/W MFA No. 100311 of 2018
MFA.CROB No. 100052 of 2021
AND 1 OTHER
In MVC.No.166/2013 (MFA.No.100311/2018 and
MFA.CROB.No.100053/2021) :-
Particulars Amount
(in Rs.)
Loss of dependency 13,97,760/-
(i.e. Rs.6,500 + 40% x 12 x 16 x 4/5)
Loss of estate 16,500/-
Transportation of dead body and funeral 16,500/-
expenses
Loss of consortium (Rs.44,000 X 10 4,40,000/-
dependants)
Medical expenses 27,224/-
Total 18,97,984/-
12. Thus, the claimants in MVC.No.2153/2012
(MFA.No.100312/2018 and MFA.CROB.No.100052/2021) would be entitled to total compensation of Rs.15,63,400/- as against Rs.10,49,000/- awarded by the Tribunal and the claimants in MVC.No.166/2013 (MFA.No.100311/2018 and MFA.CROB.No.100053/2021) would be entitled to total compensation of Rs.18,97,984/- as against Rs.11,06,600/- awarded by the Tribunal.
13. In the result, this Court proceeds to pass the following:
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a) Both appeals and both the cross objections are allowed in part.
b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants in MVC.No.2153/2012 (MFA.No.100312/2018 and MFA.CROB.No.100052/2021) would be entitled to total compensation of Rs.15,63,400/- as against Rs.10,49,000/- awarded by the Tribunal and the claimants in MVC.No.166/2013 (MFA.No.100311/2018 and MFA.CROB.
No.100053/2021) would be entitled to total compensation of Rs.18,97,984/- as against Rs.11,06,600/- awarded by the Tribunal.
c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.
d) The appellant-Oriental Insurance Company Ltd., shall deposit the entire compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment with liberty to recover 50% of the compensation amount from the Royal Sundarum General Insurance Company Ltd., by filing an execution petition.
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e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal.
f) Amount in deposit, if any, to be transmitted back along with records, if any, to the Tribunal, forthwith.
g) Needless to state that the claimants shall not be entitled to any interest on the enhanced compensation for the delayed period. Registry to take note of the same while drawing award.
h) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A.PATIL) JUDGE BSR/RH/ct-an List No.: 1 Sl No.: 22