Karnataka High Court
Legal Manager vs Yogesh on 10 December, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 6270 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4356 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4358 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4360 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4364 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4373 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4375 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4377 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 4379 OF 2022 (MV-D)
IN MFA No. 6270/2021
BETWEEN:
SMT. YASHODA
Digitally signed by W/O PUTTARAJU NAIKA,
RAMYA D
Location: HIGH 44 YEARS,
COURT OF
KARNATAKA R/AT MANJANAHALLI VILLAGE,
AND POST, K.R.NAGAR TALUK,
MYSURU DISTRICT - 571 601.
...APPELLANT
(BY SMT. SUMA K, ADVOCATE)
AND:
1. S. R. YOGESHA
S/O S. L. RAMEGOWDA,
33 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE POST AND TOWN
-2-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
K.R.NAGAR TALUK,
MYSURU DISTRICT - 571 601.
2. SHRIRAM GENERAL INSURANCE CO LTD
NO.5/14, 3RD FLOOR, S. V. ARCADE,
BILIKALAHALLI MAIN ROAD,
II M B POST,
BENGALURU AND
SAPTHASWARA BUILDING,
KANTHARAJ URS ROAD,
SARASWATHIPURAM,
MYSURU - 570 009.
...RESPONDENTS
(BY SRI. VIJAYA KUMAR K, ADVOCATE FOR R1;
SRI. B. PRADEEP ADVOCATE FOR R2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 04. 03. 2020 PASSED IN MVC
NO. 122/2017 ON THE FILE OF THE JUDGE, PRINCIPAL COURT
OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR
ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 4356/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS. CO. LTD,
NO.5/4, 3RD FLOOR,
S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD,
IIMB POST,
BANGALORE - 76.
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
-3-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
AND:
1. SMT. BHAGYA
W/O MAHESHA NAIKA
NOW AGED ABOUT 35 YEARS
2. MAHESHA NAIKA
S/O RAMA NAIKA
NOW AGED ABOUT 41 YEARS
BOTH ARE R/AT
MUNJANAHALLI VILLAGE AND POST
AGRAHARA HOBLI,
KR NAGAR TALUK,
MYSURU.
3. S.R. YOGESHA
S/O S L RAMEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE POST AND TOWN,
KR NAGAR TALUK,
MYSURU.
4. HARISHA S.K.
S/O KRISHNEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.3/2,
SALIGRAMA VILLAGE POST AND TOWN,
KR NAGAR TALUK
...RESPONDENTS
(BY SMT. SUMA K, ADVOCATE FOR R1 AND R2;
SRI. VIJAY KUMAR ADVOCATE FOR R3;
R4 NOTICE D/W V/O DATED 26.11.2024 )
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC
NO. 1109/2015 ON THE FILE OF THE COURT OF SENIOR CIVIL
JUDGE AND JMFC, KRISHNARAJA NAGARA, MYSURU,
-4-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
AWARDING COMPENSATION OF RS.1,60,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DATE OF DEPOSIT.
IN MFA NO. 4358/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS. CO. LTD,
NO.5/4, 3RD FLOOR,
S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD
IIMP POST, BANGALORE - 76
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. VENAKTESH NAIKA,
S/O RAMANAIKA,
AGED ABOUT 57 YEARS,
2. AVINASH,
S/O VENKATESH NAIKA,
AGED ABOUT 31 YEARS ,
3. ABHIJITH,
S/O VENKATESH NAIKA,
AGED ABOUT 29 YEARS,
4. KARTHIK M.V,
S/O VENKATESH NAIKA,
AGED ABOUT 27 YEARS,
ALL ARE R/AT
MUNJANAHALLI VILLAGE AND POST,
HOSA AGRAHARA HOBLI,
-5-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
K R NAGAR TALUK,
MYSURU.
5. S.R. YOGESHA,
S/O S L RAMEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE AND POST,
K.R. NAGAR TALUK,
MYSURU DISTRICT.
6. HARISHA S.K
S/O KRISHNEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.3/2,
SALIGRAMA VILLAGE TOWN AND POST,
K.R. NAGAR TALUK.
...RESPONDENTS
BY SMT. SUMA K, ADVOCATE FOR R1 TO R4;
SRI. VIJAYKUMAR ADVOCATE FOR R5;
R6- NOTICE D/W V/O DATED 26.11.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC
NO. 1103/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, KRISHNARAJANAGARA, MYSURU,
AWARDING COMPENSATION OF RS. 4,42,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DATE OF DEPOSIT.
IN MFA NO. 4360/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS CO LTD
NO.5/4, 3RD FLOOR,
-6-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
S V ARCADE, BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD,
IIMP POST
BANGALORE-76
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
1. SMT. LATHAMANI
W/O KRISHNA NAIKA
NOW AGED ABOUT 37 YEARS
2. KRISHNA NAIKA
S/O LT DASA NAIKA,
NOW AGED ABOUT 43 YEARS
BOTH ARE R/AT
MUNJANAHALLI VILLAGE,
AND POST,
HOSA AGRAHARA HOBLI
K R NAGAR TALUK,
MYSURU
3. S.R. YOGESHA,
S/O S L RAMEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE AND POST,
K.R. NAGAR TALUK,
MYSURU DISTRICT.
4. HARISHA S.K
S/O KRISHNEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.3/2,
-7-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
SALIGRAMA VILLAGE TOWN AND POST,
K.R. NAGAR TALUK.
...RESPONDENTS
(BY SMT. SUMA K.,ADVOCATE FOR R1 AND R2;
SRI. K. VIJAY KUMAR ADVOCATE FOR R3;
R4- NOTICE D/W V/O DATED 26.11.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC
NO. 1107/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, KRISHNARAJANAGARA, MYSURU,
AWARDING COMPENSATION OF RS.1,60,000/- WITH INTEREST
AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT.
IN MFA NO. 4364/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS CO LTD
NO.5/4, 3RD FLOOR,
S V ARCADE, BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD,
IIMP POST
BANGALORE-76
...APPELLANT
(BY SRI. PRADEEP B, ADVOCATE)
AND:
1. KRISHNA NAIKA,
S/O LT SUBBA NAIKA,
NOW AGED 57 YEARS,
2. M.K. SOMASHEKARA,
S/O KSRISHNA NAIKA,
AGE 34 YEARS,
-8-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
3. RAVISHANAKR M.K
S/O KRISHNA NAIKA
AGED 30 YEARS,
ALL ARE R/AT
R/AT MUNJANAHALLI VILLAGE
AND POST,
HOSA AGRAHARA HOBLI
KR NAGAR TALUK.
4. S.R. YOGESHA,
S/O S L RAMEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE AND POST,
K.R. NAGAR TALUK,
MYSURU DISTRICT.
5. HARISHA S.K
S/O KRISHNEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.3/2,
SALIGRAMA VILLAGE TOWN AND POST,
K.R. NAGAR TALUK.
...RESPONDENTS
(BY SMT. SUMA K.,ADVOCATE FOR R1 AND R2;
R5- NOTICE D/W V/O DATED 26.11.2024;
R4 SERVED)
IN MFA NO. 4373/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS CO LTD
NO.5/4, 3RD FLOOR, S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD
-9-
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
IIMP POST
BANGALORE-76
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
1. YOGESH
S/O LT VARADA NAIKA
NOW AGED ABOUT 38 YEARS,
2. SMT. THIMMAMMA
S/O LT VARADA NAIKA
NOW AGED ABOUT 65 YEARS,
ALL ARE R/AT
MUNJANAHALLI VILLAGE,
AND POST,
HOSA AGRAHARA HOBLI,
K R NAGAR TALUK,
MYSURU.
3. S.R. YOGESHA
S/O S L RAMEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE POST AND TOWN,
K R NAGAR TALUK,
MYSURU DISTRICT.
4. HARISHA S K
S/O KRISHNEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.3/2,
SALIGRAMA VILLAGE
- 10 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
POST AND TOWN,
K R NAGAR TALUK
...RESPONDENTS
(BY SMT. SUMA K, ADVOCATE FOR R1 AND R2;
R3 SERVED; V/O DATED 26.11.2024 NOTICE TO R4 D/W)
THIS MFA FILED U/S. 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.01.01.2022 PASSED IN MVC
NO.1106/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE,
JMFC, KRISHNARAJANAGARA, MYSURU, AWARDING
COMPENSATION OF RS.3,03,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE
OF DEPOSIT.
IN MFA NO. 4375/2022
BETWEEN:
LEGAL MAANGER
SHRIRAM GENERAL INS. CO. LTD.,
NO.5/4, 3RD FLOOR,
S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD,
IIMB POST, BANGALORE - 76
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
1. SMT SUNANDA
S/O LAXMANA,
NOW AGED ABOUT 37 YEARS,
2. LAXMANA
S/O RAMA NAIKA,
NOW AGED ABOUT 45 YEARS,
- 11 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
BOTH ARE R/AT
MANJUNAHALLI VILLAGE AND POST,
HOSA AGRAHARA HOBLI,
K R NAGAR TALUK,
MYSURU.
3. S.R. YOGESHA
S/O S.L. RAMEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE,
POST AND TOWN,
K R NAGAR TALUK,
MYSURU DISTRICT.
4. HARISHA S.K,
S/O KRISHNEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.3/2, SALIGRAMA VILLAGE,
TOWN AND POST,
K R NAGAR TALUK.
...RESPONDENTS
(BY SRI. SUMA K, ADVOCATEFOR R1 AND R2;
R3- NOTICE SERVED;
R4- NOTICE D/W V/O DATED 26.11.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC
NO.1105/2015 ON THE FILE OF THE COURT OF SENIOR CIVIL
JUDGE AND JMFC, KRISHNARAJANAGAR, MYSURU, AWARDING
COMPENSATION OF RS 1,60,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE
OF DEPOSIT.
- 12 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
IN MFA NO. 4377/2022
BETWEEN:
LEGAL MANAGER
SHRIRAM GENERAL INS CO LTD.,
NO.5/4, 3RD FLOOR,
S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD, IIMB POST,
BANGALORE-76
...APPELLANT
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
1. SMT.MANJULA
W/O MAHADEVA NAIKA,
NOW AGED ABOUT 39 YEARS,
2. MAHADEVA NAIKA
S/O RAMA NAIKA,
NOW AGED ABOUT 40 YEARS,
BOTH ARE R/AT
MANJUNAHALLI VILLAGE AND POST,
HOSA AGRAHARA HOBLI,
K R NAGAR TALUK,
MYSURU.
3. S.R. YOGESHA
S/O S.L. RAMEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO.117,
SALIGRAMA VILLAGE POST AND TOWN,
K R NAGAR TALUK
MYSURU DISTRICT.
- 13 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
4. HARISHA S.K.,
S/O KRISHNEGOWDA,
AGED ABOUT 37 YEARS,
R/AT NO 3/2,
SALIGRAMA VILLAGE TOWN AND POST,
K R NAGAR TALUK.
...RESPONDENTS
(BY SMT. SUMA K.,ADVOCATE FOR R1 AND R2;
R3 SERVED;
R4- NOTICE D/W V/O DATED 26.11.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC
NO.1108/2015 ON THE FILE OF THE COURT OF SENIOR CIVIL
JUDGE AND JMFC, KRISHNARAJANAGAR, MYSURU, AWARDING
COMPENSATION OF RS1,60,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE
OF DEPOSIT.
IN MFA NO. 4379/2022
BETWEEN:
LEGAL MANAGER,
SHRIRAM GENERAL INS CO LTD,
NO.5/4 3RD FLOOR,
S V ARCADE,
BILIKALHALLI MAIN ROAD,
OPP BANNERGHATTA ROAD,
IIMB POST,
BANGALORE - 76.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND
1. RAJA NAIKA,
S/O LATE VARADA NAIKA,
NOW AGED ABOUT 60 YEARS,
- 14 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
2. JAYACHANDRA.R,
S/O RAJA NAIKA,
NOW AGED ABOUT 32 YEARS,
3. MADHU M.R,
S/O RAJU NAIKA,
AGED ABOUT 26 YEARS,
ALL ARE R/AT
MUNJANAHALLI VILLAGE AND POST
HOSA AGRAHARA HOBLI,
KR NAGAR TALUK,
MYSURU.
4. S.R.YOGESHA,
S/O S L RAMEGOWDA,
AGED ABOUT 37 YEARS
R/AT NO.117,
SALIGRAMA VILLAGE POST AND TOWN,
KR NAGAR TALUK,
MYSURU.
5. HARISHA. S.K,
S/O KRISHNEGOWDA
AGED ABOUT 37 YEARS,
R/AT NO.3/2
SALIGRAMA VILLAGE POST AND TOWN
KR NAGAR TALUK.
...RESPONDENTS
(BY SMT. SUMA K.,ADVOCATE FOR R1, R2 AND R3;
SRI. VIJAY KUMAR ADVOCATE FOR R4;
R5 NOTICE D/W V/O DATED 26.11.2024)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DT. 01.01.2022 PASSED IN
MVC NO. 1104/2015 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND COMPENSATION OF RS.4,39,500/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DATE OF DEPOSIT.
- 15 -
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
MFA.No.6270/2021 is filed by the claimant challenging the judgment and award dated 04.03.2020 passed in MVC.No.122/2017 by the Judge, Prl. Court of Small Causes and Senior Civil Judge, as a Presiding Officer, MACT, Mysuru, seeking enhancement of compensation.
MFA.Nos.4356/2022, 4358/2022, 4360/2022, 4364/2022, 4373/2022, 4375/2022, 4377/2022 and MFA.No.4379/2022 are filed by the Insurance Company challenging the judgment and award dated 01.01.2022 passed in MVC.Nos.1102/2015, 1103/2015, 1104/2015, 1105/2015, 1106/2015, 1107/2015, 1108/2015 & MVC.No.1109/2015 by the Senior Civil Judge and JMFC at
- 16 -
NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 Krishnarajanagara, Mysuru, questioning the liability fastened on it to pay compensation to the claimants.
2. The factum of accident, injuries sustained and disability suffered by the claimant are not in dispute.
3. The Insurance Company in all the cases are questioning the liability to pay compensation fastened on it on the ground that the driver of both the vehicles, which are Goods Tempo vehicle bearing Reg.No.CNZ 5826 and Maxi Cab bearing Reg.No.KA-20-A-0820 were not having driving licence. Therefore, the insurer of Maxi Cab bearing Reg.No.KA-20-A-0820 is questioning the liability.
4. The claim petitions are filed under Section 163A of Motor Vehicles Act claiming compensation on structural formula basis as per Schedule II of the Motor Vehicles Act. The complaint is filed against the drivers of both the vehicles and charge sheet is also filed holding both the drivers of Goods Tempo and Maxi Cap are responsible
- 17 -
NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 equally for the cause of accident. Since, the petitions are filed under Section 163A of the Motor Vehicles Act, therefore, there is no need to make pleadings on the rashness and negligence and prove the same.
5. In MFA.No.6270/2021 (MVC.No.122/2017), the Tribunal has determined the compensation of Rs.2,00,000/- and awarded compensation of Rs.1,00,000/- to the claimant on the reason that there is 50% of negligence by the driver of both the vehicles and also fastened liability on the owner of Maxi Cab by exonerating the Insurance Company. Since, the driver was not having driving licence, therefore, fastened liability on the owner of Maxi Cab by exonerating the insurer of Maxi Cab.
In MFA.Nos.4356/2022, 4358/2022, 4360/2022, 4364/2022, 4373/2022, 4375/2022, 4377/2022 and MFA.No.4379/2022 (MVC.Nos.1102/2015,
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 1103/2015, 1104/2015, 1105/2015, 1106/2015, 1107/2015, 1108/2015 & MVC.No.1109/2015):
6. The Tribunal while awarding compensation has fastened liability on the Insurance Company.
7. The Insurance Company has filed these appeals questioning the liability fastened on it to pay compensation to the claimants.
In MFA.No.6270/2021 (MVC.No.122/2017):
8. In the present case, the claimant has suffered amputation of left hand above the elbow joint and the Medical Board has issued the disability certificate at 75%. The Tribunal considering the permanent physical disability at 75%, considering the income at Rs.15,000/- p.a., and applying the multiplier at "15", accordingly, awarded compensation of Rs.1,68,750/- towards permanent total disability.
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022
9. The Tribunal has awarded compensation under various heads as follows:
1 Pain and suffering Rs. 10,000/-
2 Medical expenses Rs. 4,600/-
3 Loss of income Rs. 15,000/-
4 Permanent total disability Rs. 1,68,750/-
TOTAL Rs. 1,98,350/-
10. Here in the present case, the claimant being women aged 41 years and home maker has sustained amputation of left hand above the elbow joint. Though, the Medical Board has issued the disability certificate stating that the claimant has suffered 75% of disability, which is only of permanent physical disability, but functional disability is to be considered by taking the factors into consideration such as nature of job, living condition, working capacity and the claimant is completely handicapped as the claimant is using left hand for day to day activities. Therefore, as per the dictum of the Hon'ble Supreme Court in several cases and of this Court, since
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 the claimant has suffered amputation of left hand above the elbow joint, therefore, functional disability is considered as 100%. Since the claim is filed under Section 163A of Motor Vehicles Act, the annual income of Rs.40,000/- is taken into consideration. The claimant was aged 41 years, hence, as per Schedule II, the appropriate multiplier applicable is "15". Therefore, compensation under the head loss of income due to disability is hereby re-assessed and quantified as follows:
Rs.40,000/- x 15=Rs.6,00,000/-
Accordingly, compensation of Rs.6,00,000/- is awarded under the head loss of income due to disability as against Rs.1,68,750/- awarded by the Tribunal.
11. Further the compensation of Rs.15,000/- is awarded under the head injury, pain and suffering as against Rs.10,000/- awarded by the Tribunal. The compensation of Rs.4,600/- is awarded under the head
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 medical expenses and Rs.15,000/- is awarded under the head loss of income during laid up period.
12. Thus, the claimant is entitled to compensation under the below heads.
1 Pain and suffering Rs. 15,000/- 2 Medical expenses Rs. 4,600/- Kept in tact 3 Loss of income Rs. 15,000/- Kept in tact 4 Permanent total Rs.
6,00,000/-
disability
TOTAL Rs. 6,34,600/-
13. The Tribunal has awarded compensation of Rs.1,98,350/- but the appellant/claimant is entitled to total compensation of Rs.6,34,600/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.4,36,250/- (Rs.6,34,600/- - Rs.1,98,350/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.4,36,250/- along with interest at the rate of 6% per annum from the date of petition till the
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 date of realization, in addition to what has been awarded by the Tribunal.
Regarding liability:
14. In the present case, the accident is between the Goods Tempo vehicle bearing Reg.No.CNZ 5826 and Maxi Cab bearing Reg.No.KA-20-A-0820. The charge sheet filed in this case proves that the drivers of both vehicles were not having driving licence to drive the vehicles. Therefore, the offence is registered under Sections 279, 337, 338 304-A of IPC and Section 3 r/w Section 181 and Section 5 r/w Sections 180, 192, 196 and 187 of Motor Vehicles Act, which proves that the drivers of both the vehicles were not having driving licence to drive their respective vehicles. Therefore, the Insurance Company is liable to be exonerated by not indemnifying the owner of Maxi Cab. In these petitions, only the owner and insurer of Maxi Cab are made as parties. However, as per Sub-Section (2) of Section 149 of Motor Vehicle Act, when the Insurance
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 Company established the fact that the drivers were not holding driving licence, then as per Sub-Sections (1), (4), (7) of Section 149 of Motor Vehicle Act, the Insurance Company as if the judgment debtor shall satisfy the claim in respect of third parties and then recover the same from the owner of the Maxi Cab. Accordingly, the order of pay and recovery is made as per the principle of law laid down by the Hon'ble Supreme Court in the cases of PAPPU AND OTHERS Vs. VINOD KUMAR LAMBA AND ANOTHER1; NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS 2 and also as per the full bench decision of this Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. YELLAVVA AND ANOTHER3. Accordingly, an order of pay and recovery is made. To this extent, the judgment and award passed by the Tribunal is modified. Hence, both the 1 (2018) 3 SCC 208 2 (2004) 3 SCC 297 3 2020 ACJ 2560
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 owners of Goods Tempo and Maxi Cab are equally liable to pay compensation to the extent of 50:50 to the claimants.
15. The owner and insurer of Maxi Cab bearing Reg.No.KA-20-A-0820 are only made as parties in these cases. Therefore, the Insurance Company namely Shriram General Insurance Co., Ltd., shall pay compensation to the extent of 50% determined by the Tribunal as well as by this Court as above stated at the first instance, and then recover it from the owner of the Maxi Cab bearing Reg.No.KA-20-A-0820.
16. The Insurance Company is at liberty to file an execution petition directly before the concerned Jurisdictional Court and may seek attachment of movable or immovable properties in the case of recovery of amount. Hence, the appeals filed by the Insurance Company are liable to be allowed.
17. Accordingly, I proceed to pass the following
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 ORDER i. MFA.No.6270/2021 filed by the claimant is allowed-in-part.
ii. MFA.Nos.4356/2022, 4358/2022, 4360/2022, 4364/2022, 4373/2022, 4375/2022, 4377/2022 and MFA.No.4379/2022 filed by the Insurance Company are allowed.
iii. The impugned judgment and award dated 04.03.2020 passed in MVC.No.122/2017 by the Judge, Prl. Court of Small Causes and Senior Civil Judge, as a Presiding Officer, MACT, Mysuru, is modified.
iv. The impugned judgment and award dated 01.01.2022 passed in MVC.Nos.1102/2015, 1103/2015, 1104/2015, 1105/2015, 1106/2015, 1107/2015, 1108/2015 & MVC.No.1109/2015 by the Senior Civil Judge
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 and JMFC at Krishnarajanagara, Mysuru, is modified.
v. The appellant/claimant in MFA.No.6270/2021 (MVC.No.122/2017) is entitled to enhanced compensation of Rs.4,36,250/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.
vi. The Insurance Company namely Shriram General Insurance Co., Ltd., shall pay compensation to the extent of 50% determined by this Court as above stated at the first instance, and then recover it from the owner of the Maxi Cab bearing Reg.No.KA-20-A-0820. vii. The Insurance Company is at liberty to file an execution petition directly before the concerned Jurisdictional Court and may seek attachment
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NC: 2024:KHC:51083 MFA No. 6270 of 2021 C/W MFA NO. 4356 of 2022, MFA NO. 4358 of 2022, MFA NO. 4360 of 2022, MFA NO. 4364 of 2022, MFA NO. 4373 of 2022, MFA NO. 4375 of 2022, MFA NO. 4377 of 2022 AND MFA NO. 4379 of 2022 of movable or immovable properties in the process of recovery of amount. viii. No order as to costs.
ix. Draw award accordingly.
x. The amount in deposit made by the Insurance Company shall be transmitted to the Tribunal forthwith.
xi. Registry is directed to transmit the TCR along with copy of this order to the Tribunal forthwith.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 2 Sl No.: 55