Karnataka High Court
The Divisional Manager vs Smt. Nagaveni @ Radha And Ors on 21 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:6142
MFA No. 202562 of 2019
C/W MFA No. 200161 of 2020
MFA No. 200162 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. 202562 OF 2019 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200161 OF 2020(MV-D)
MISCL. FIRST APPEAL NO. 200162 OF 2020(MV-D)
IN MFA NO.202562/2019:-
BETWEEN:
1. BHAGYALAXMI W/O ANNAYYA,
AGE: 60 YEARS, OCC: HOUSEHOLD,
2. M. ANNAYYA S/O M. SHANTAPPA
AGE: 68 YEARS, OCC: NIL,
Digitally signed
by SUMITRA BOTH ARE R/O: H.NO.6-2-139/171,
SHERIGAR B.R.B. COLLEGE ROAD,
Location: HIGH NEAR HANUMAN TEMPLE,
COURT OF
KARNATAKA MANIKNAGAR, RAICHUR-584101.
...APPELLANTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE)
AND:
1. SHIVAPUTRAPPA
S/O HALLI MALLAYYA, AGE: MAJOR,
OCC: AGRICULTURE & DRIVER CUM
OWNER OF TRACTOR BRG. NO. KA.36/TA-2225,
TROLLEY NO. KA.36/TA-2227,
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NC: 2024:KHC-K:6142
MFA No. 202562 of 2019
C/W MFA No. 200161 of 2020
MFA No. 200162 of 2020
R/O: POTAPPANA KATTE, KALMALA,
TQ: & DIST: RAICHUR-584102.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVL. OFFICE, ANAGA COMPLEX,
NEAR CHANDRAMOULESHWAR CHOWK,
RAICHUR-584101.
...RESPONDENTS
(BY SRI SANJAY M. JOSHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND MODIFY THE IMPUGNED JUDGMENT
AND AWARD DATED 17.10.2019 PASSED BY THE II ADDL.
DISTRICT AND SESSIONS JUDGE AND MACT, AT RAICHUR IN
MVC NO.27/2019 AND ETC.
IN MFA NO.200161/2020:-
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVL. OFFICE, ANAGA COMPLEX,
NEAR CHANDRAMOULESHWAR CHOWK,
RAICHUR.
...APPELLANT
(BY SRI SANJAY M. JOSHI, ADVOCATE)
AND:
1. SMT. NAGAVENI @ RADHA
W/O LATE RAGHVENDRA
AGE: 31 YEARS, OCC: HOUSEWIFE,
2. HANAMANTHU S/O LATE NARASAPPA
AGE: 63 YEARS, OCC: NIL,
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NC: 2024:KHC-K:6142
MFA No. 202562 of 2019
C/W MFA No. 200161 of 2020
MFA No. 200162 of 2020
3. NARASAMMA W/O HANAMANTHU
AGE: 61 YEARS, OCC: HOUSEWIFE
ALL 3 ORIGINAL PETITIONERS
R/O. H. NO.1-5-54 ESHWAR NAGAR
I.B. ROAD, RAICHUR-584102.
4. SHIVAPUTRAPPA
S/O HALLI MALLAYYA, AGE: MAJOR,
OCC: AGRICULTURE & DRIVER CUM
OWNER OF TRACTOR BRG. NO. KA.36/TA-2225,
TROLLEY NO. KA.36/TA-2227,
R/O: POTAPPANA KATTE, KALMALA,
TQ: & DIST: RAICHUR-584102.
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADV. FOR R1;
SRI BABU H. METAGUDDA, ADV. FOR R2 AND R3;
NOTICE TO R4 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN JUDGMENT AND AWARD
DATED 17.10.2019, OF THE II ADDL. DISTRICT AND SESSIONS
JUDGE AND MACT RAICHUR, IN MVC NO.312/2018, AND SET
ASIDE THE SAME IN SO FAR AS THE LIABILITY OF
RS.10,22,100/- WITH INTEREST OF 8% P.A. IN SO FAR
AS THE LIABILITY IS SADDLED UPON THE APPELLANT
INSURANCE COMPANY.
IN MFA NO.200162/2020:-
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DIVL. OFFICE, ANAGA COMPLEX,
NEAR CHANDRAMOULESHWAR CHOWK,
RAICHUR-584101.
...APPELLANT
(BY SRI SANJAY M. JOSHI, ADVOCATE)
-4-
NC: 2024:KHC-K:6142
MFA No. 202562 of 2019
C/W MFA No. 200161 of 2020
MFA No. 200162 of 2020
AND:
1. SMT. BHAGYALAXMI W/O ANNAYYA,
AGE: 61 YEARS, OCC: HOUSEHOLD,
2. M. ANNAYYA S/O M. SHANTAPPA
AGE: 69 YEARS, OCC: NIL,
BOTH ORIGINAL PETITIOANERS
R/O: H.NO.6-2-139/171,
B.R.B. COLLEGE ROAD,
NEAR HANUMAN TEMPLE,
MANIKNAGAR, RAICHUR-584102.
3. SHIVAPUTRAPPA
S/O HALLI MALLAYYA, AGE: MAJOR,
OCC: AGRICULTURE & DRIVER CUM
OWNER OF TRACTOR BRG. NO. KA.36/TA-2225,
TROLLEY NO. KA.36/TA-2227,
R/O: POTAPPANA KATTE, KALMALA,
TQ: & DIST: RAICHUR-584103.
...RESPONDENTS
(BY NOTICE TO R1 TO R3- SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN JUDGMENT AND AWARD
DATED 17.10.2019, OF THE II ADDL. DISTRICT AND SESSIONS
JUDGE AND MACT RAICHUR, IN MVC NO.27/2019, AND SET
ASIDE THE SAME IN SO FAR AS THE LIABILITY OF
RS.7,44,000/- WITH INTEREST OF 8% P.A. IN SO FAR
AS THE LIABILITY IS SADDLED UPON THE APPELLANT
INSURANCE COMPANY.
THESE APPEALS, ARE COMING ON FOR FINAL HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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NC: 2024:KHC-K:6142
MFA No. 202562 of 2019
C/W MFA No. 200161 of 2020
MFA No. 200162 of 2020
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The insurer is in appeal challenging the award passed in respect of the claimants on account of the death of Raghavendra and Ranjit Kumar who were riding Pillion in a motor cycle.
2. The parents of Ranjit Kumar, who was killed in the accident, are also in appeal challenging the quantum seeking for enhancement of the compensation.
3. The insurer is in appeal principally contending that no liability could be fastened on it, since the motorcycle was carrying two pillion riders and there was evidence to indicate that the deceased was under the influence of alcohol. It is also contended that the driver of the two- wheeler did not possess a driving licence and therefore the liability could not have been fastened on it.
4. The Tribunal has recorded a finding that the accident occurred due to the mistake on the part of the owner cum -6- NC: 2024:KHC-K:6142 MFA No. 202562 of 2019 C/W MFA No. 200161 of 2020 MFA No. 200162 of 2020 driver who had parked his tractor in the middle of the road. In such a situation, the question of the deceased being intoxicated would be of no consequence. There is also no evidence of the fact that the driver of the two- wheeler was intoxicated in any view of the matter. Since the finding of the driver is that the tractor was parked in the middle of the road, this assertion would really be of no significance, as the fault would lie entirely on the part of the tractor.
5. Since the said tractor was insured, the claimants were entitled to initiate proceedings only against the claimants and were entitled to choose the tort freezer to proceed against, the argument that the rider of the motorcycle was negligent or drunk would also be of no significance. Consequently, there is no merit in the appeal. It is also settled law that three persons driving in a motorcycle would not absolve the insurer of liability and therefore there is no merit in the appeals of the insurer in -7- NC: 2024:KHC-K:6142 MFA No. 202562 of 2019 C/W MFA No. 200161 of 2020 MFA No. 200162 of 2020 MFA No.200161/2020 and in MFA No.200162/2020; accordingly, the same are dismissed.
6. As far as the appeal by the parents of Ranjit Kumar is concerned, the Tribunal has taken the income of the deceased at Rs.5,000/- as determined by the Karnataka State Legal Services Authority, since the accident had occurred in the year 2010 and it has awarded Rs.7,44,000/-
7. Since there is no proof of actual income of Ranjit Kumar, it would be appropriate to adopt the notional income at Rs.5,500/- determined by KSLSA. To this 40% would be added as future prospects and 50% would have to be deducted since Rajit Kumar was a bachelor as his personal expenses. The income of the deceased for the purpose of determining the loss of dependency would thus be Rs.3,850/-(5,500+40%-50%).
8. As the deceased was aged 26 years, a multiplier of '17' would have to be applied. Consequently, the parents -8- NC: 2024:KHC-K:6142 MFA No. 202562 of 2019 C/W MFA No. 200161 of 2020 MFA No. 200162 of 2020 of Ranjit Kumar i.e., the claimants in MVC No.27/2019 would be entitled to a sum of Rs.7,85,400/- (Rs.3,850x12x 17) towards 'loss of dependency'.
9. The claimants being the parents of the deceased, would each be entitled to a sum of Rs.44,000/- towards "loss of consortium" i.e., Rs.88,000/- and they would also be entitled to a sum of Rs.33,000/- under the "conventional heads".
10. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums :
Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 7,85,400/-
2. Loss of Consortium 88,000/-
3. Conventional Head 33,000/-
Total 9,06,400/-
11. Thus, the claimant would be entitled for
compensation of Rs.9,06,400/- as against Rs.7,44,000/- awarded by the Tribunal, along with interest at the rate of -9- NC: 2024:KHC-K:6142 MFA No. 202562 of 2019 C/W MFA No. 200161 of 2020 MFA No. 200162 of 2020 six per cent per annum from the date of petition till its realization.
12. The respondent No.2 - Insurance Company is directed to deposit the amount of compensation awarded within a period of two months from the date of receipt of a certified copy of this judgment.
13. The apportionment, deposit and release of the enhanced compensation amount shall be made as per the ratio adopted by the Tribunal.
14. The amount in deposit, if any, shall be transferred to the Tribunal for disbursal in terms of the award.
The appeal in MFA No.202562/2019 is accordingly allowed-in-part.
Sd/-
(N.S.SANJAY GOWDA) JUDGE DHA List No.: 1 Sl No.: 14