Karnataka High Court
Sri Subaiah vs National Insurance Co. Ltd on 22 September, 2022
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
MFA No. 8970 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 8970 OF 2012 (MV-)
BETWEEN:
1. SRI SUBAIAH
AGED ABOUT 61 YEARS
S/O LATE GANGAIAH
2. SMT. NARASAMMA
AGED ABOUT 52 YEARS,
Digitally W/O SUBAIAH,
signed by
PANKAJA S
3. SRI. MUNIRAJU
Location:
High Court of S/O SUBAIAH,
Karnataka AGED ABOUT 27 YEARS
THE ABOVE APPELLANTS ARE
R/AT VADAKUNTE, DODEBELE (POST)
THYMAGONDLY (HOBLI)
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
...APPELLANTS
(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
AND:
1. NATIONAL INSURANCE CO. LTD.,
R.O. SUBHARAM COMPLEX
NO.144, M.G.ROAD,
BANGALORE
BY ITS MANAGER-01
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MFA No. 8970 of 2012
2. MR. CHANNARASAIAH
S/O CHANIGAPPA, MAJOR
R/AT VADAKUNTE DODDABELE (POST)
THYAMAGONDLU (HOBLI)
NELAMANGAL (TALUK)
BANGALORE DISTRICT
...RESPONDENTS
(BY SRI. H.R.RENUKA, ADVOCATE FOR R1
R2- SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.08.2010 PASSED IN MVC
NO.1255/2008 ON THE FILE OF THE IX ADDITIONAL SENIOR
CIVIL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES,
BANGALORE, DISMISSING THE CLAIM PETITION FOR
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The appeal is filed challenging the dismissal of the claim petition under Section 163A of the Motor Vehicles Act, 1988 (for short 'the Act').
2. The Tribunal has dismissed the claim petition on the ground that the deceased was the rider of the motor cycle at the time of the accident and that he had borrowed the motor-cycle and as a consequence, had stepped into the shoes of the owner. The Tribunal has taken the view that -3- MFA No. 8970 of 2012 the deceased having stepped into the shoes of the owner could not be recipient of the compensation.
3. Sri.Shripad V.Shastri, learned counsel for the claimants, contends that the deceased was actually a pillion rider, but assuming that the findings of the Tribunal is accepted for the sake of the arguments, even then, according to the judgment rendered by this Court in Vithal vs. Parashuram and another - 2021(3) Kar.L.J. 413, the liability of the insurance company to satisfy the compensation even in respect of a person who had borrowed the vehicle would still lie.
4. In Vithal, this Court has held that the only requirement to be established under Section 163A of the Act is that of an accident occurred as a result of the use of the motor vehicle and it resulted in death or injury. If both these requirements are met, the compensation cannot be denied to the victim or his legal representatives. It is also held that the relationship of the victim to the -4- MFA No. 8970 of 2012 owner of the motor vehicle would have no consequence at all.
5. In this view of the matter, the findings of the Tribunal exonerating the insurer is set aside and it is held that the insurer would be liable to pay the compensation to the legal representatives of the victim.
6. As far as the compensation is concerned, it is contended that the deceased was 25 years and was earning Rs.40,000/- per annum.
7. In my view, this assertion deserves to be accepted and the claim being one under Section 163A of the Act, the claimants would be entitled to compensation as per the II Schedule to the Act.
8. As per the Post-Mortem report, the deceased was stated to be aged 25 years. As per Schedule II, in respect of a victim, whose age is above 20 years but does not exceed 25 years, a multiplier of '17' is to be adopted and -5- MFA No. 8970 of 2012 if the annual income is Rs.40,000/-, the claimants would be entitled to a sum of Rs.7,20,000/-.
9. Out of the said sum, 1/3rd of the same (Rs.2,40,000/-) has to be deducted towards the personal expenses of the deceased. Thus, the claimants would be entitled to a sum of Rs.4,80,000/- as compensation under Schedule II to the Act.
10. In addition, the claimants being the father, mother and brother of the deceased, they would also be entitled to a sum of Rs.44,000/- each towards loss of consortium i.e., in all Rs.1,32,000/- and Rs.33,000/- under conventional heads as held by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi & others - (2017) 16 SCC 680.
11. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums : -6- MFA No. 8970 of 2012
Compensation Sl.
Nature of Heads Awarded
No.
(In Rs.)
1 Compensation under
4,80,000/-
Schedule II to the Act
2 Loss of Consortium 1,32,000/-
3 Conventional Heads 33,000/-
TOTAL : 6,45,000/-
12. Thus, the claimants are entitled for total
compensation of Rs.6,45,000/-, along with interest at six per cent per annum from the date of petition till its realisation, except for the delay period of 632 days in filing the present appeal (as per the order dated 16.06.2016 passed on I.A. No.1 of 2012).
13. The Insurance Company shall deposit the amount of compensation awarded along with interest within a period of eight weeks from the date of receipt of a certified copy of the judgment.-7-
MFA No. 8970 of 2012
The appeal of the claimants is accordingly allowed in part.
SD/-
JUDGE RK CT:AN List No.: 2 Sl No.: 10