IMPORTANT POINT
Death in motor accident - Unlike tortious liability, compensation under Motor Vehicles Act, 1988 is concerned with providing stability and continuity in peoples'' lives in future.

JUDGMENT

AHSANUDDIN AMANULLAH, J.

Leave granted.

2. The present appeals are directed against the common Final Judgment and Order dated 24.01.2023 in MFAs No.6192/2014 (MV-D) and No.2087/2014 (MV-D) (hereinafter referred to as the ‘Impugned Order’) passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the ‘High Court’) challenging the award dated 10.01.2014 passed by the Senior Civil Judge & Motor Accidents Claim Tribunal IX at Harapanahalli (hereinafter referred to as the ‘MACT’) in MVC No.73 of 2012, whereby the High Court dismissed the appeal filed by the appellants seeking enhancement of compensation awarded by the MACT, and partly allowed the appeal filed by the first respondent-Insurance Company.

FACTS IN BRIEF:

3. Mr. K.H.M. Virupakshaiah, the husband of the appellant no.1, son of appellant no.6 and father of appellants no.2 to 5 met with an accident on 05.05.2012, unfortunately resulting in his death. On 05.05.2012 at 12:15 PM, the deceased was riding his Bajaj motorcycle along with a pillion rider near Itagi Village on the Harihar-Hospete road. When they reached near Talakallu Village cross, they were hit by a Ford car bearing Registration No.KA36M1979, which was driven by respondent no.2 and, as claimed, in a rash and negligent manner with high speed. The Ford car hit the motorcycle of the deceased on the right side leading to his death. Crime No.24/2012 was registered initially under Sections 279¹[‘279. Rash driving or riding on a public way.— Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.’], 337²[‘337. Causing hurt by act endangering life or personal safety of others.— Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.’] and 338³[‘338. Causing grievous hurt by act endangering life or personal safety of others .— Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.’] of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) and upon the deceased dying, Section 304-A⁴[‘304-A. Causing death by negligence.— Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.’] of the IPC was also added. On 07.09.2012, the appellants filed MVC No.73 of 2012 against the respondents, seeking compensation of an amount of Rs.77,15,000/- (Rupees Seventy-Seven Lakhs and Fifteen Thousand). The MACT, by Judgment and Order dated 10.01.2014, awarded a compensation of Rs.25,49,000/- (Rupees Twenty-Five Lakhs Forty-Nine Thousand) with 6% interest per annum from the date of filing of the claim petition till its realization.

4. Aggrieved, the appellants preferred Miscellaneous First Appeal No.6192 of 2014 (MV-D) before the High Court. The respondent- Insurance Company also filed Miscellaneous First Appeal No.2087 of 2014 (MV-D). The High Court, by the impugned order, dismissed the appellants’/claimants’ appeal and partly allowed the appeal of the respondent-Insurance Company. The High Court reduced the compensation of Rs.25,49,000/- (Rupees Twenty-Five Lakhs Forty- Nine Thousand) to Rs.20,61,320/- (Rupees Twenty Lakhs Sixty-One Thousan