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2010 Supreme(Kar) 305
High Court of Karnataka
THE HONOURABLE MR. JUSTICE V. GOPALA GOWDA
Srinivasagowda & Others
Versus
Sannamma & Others
M.F.A.NO. 1133 of 2003 C/W M.F.A.NO.5498 of 2003 (MV) M.F.A.NO.1133 of 2003
Decided On : 18-03-2010
For the Petitioner:S.P. Shankar, Sr. Counsel, K.S. Sreekanth, Advocate.
For the Respondent:H.C. Shivaramu, R. Rajagopalan, Advocates.
Headnote:MOTOR VEHICLES ACT, 1988 - Section 168: [V. Gopala Gowda & Dr. K. Bhakthavatsala, JJ] Determination of compensation - Scooter dashed against deceased while he was going on left side of road - Deceased sustained fatal injuries resulting into his death-Doctor communicated cause of death due to septicaemia secondary to leg injuries sustained in road traffic accident -Post-mortem report not challenged - Nothing on record to establish that death was not due to injuries sustained in accident - Held, Claimants having proved that death caused on account of motor accident, Tribunal was justified in holding that accident caused was solely due to rash and negligent driving of scooter. Compensation awarded at Rs. 2,20,200/- is not exorbitant.
MOTOR VEHICLES ACT, 1988 - Section 168 : [V. Gopala Gowda & Dr. K. Bhakthavatsala, JJ] Compensation - Deceased an agriculturist and aged 45 years - Tribunal fixed earning of the deceased at Rs.1,80,000/- p.m. and applied multiplier of 13 and awarded compensation of Rs.1,87,200/- towards loss of dependency and the total compensation at Rs.2,20,000/- - In appeal High Court took the income of deceased at Rs.3000/- per month as against Rs.1800/- - After deducting Rs. 1000/- towards personal expenses, appropriarte multiplier of 14 was applied as against 13 - Loss of dependency assessed to Rs. 3,36,000/- - The Total compensation was enhanced to Rs.4,19,000/- [Rs.3,36,000/- towards Loss of dependency (Rs.2,000x12x14), Rs. 15,000/- towards Medical expenses, Rs.10,000/- towards conveyance charges, Rs.20,000/- towards loss of consortium, Rs.20,000/- towards loss of estate, Rs.3,000/- towards attendant charges, Rs.5,000/- towards funeral expenses and Rs.10,000/- towards loss of filial affection].
Dr.Bhakthavatsala, J.,
The owner and driver of the scooter involved in the accident have filed appeal in M.F.A.No.1133/2003 praying to set aside the judgment and award made in M.V.C.No.824/1998 dated 08.11.2002 or in the alternative to declare that the driver had valid driving licence as on the date of accident and to saddle the liability of the owner on the Insurance Company and direct the insurance company to pay the compensation to the claimants.
2. M.F.A.No.5498/2003 is filed by the claimants in MVC No.824/98 under Section 173 (1) of the Motor Vehicles Act, 1988, for enhancement of compensation from Rs.2,20,200/- to Rs.8,55,000/- and direct the Insurance Company to pay the entire compensation to the claimants, by modifying the judgment and award dated 8.11.2002 made in MVC No.824/1998 on the file of Addl. Claims Tribunal/Civil judge (Senior Division), Srirangapatna.
3. Since these two appeals are directed against one and the same judgment and award made in MVC No.824/1998 on the file of Claims Tribunal, heard common arguments and the appeals are disposed of by this common Judgment.
4. The appellants in M.F.A.NO.5498/2003 are hereinafter referred to as ‘the claimants’. The appellants in M.F.A.No.1133/2003 are referred to as ‘the owner’ and ‘the driver’ of the scooter. The vehicle in question has been insured with the Oriental Insurance Company Limited, and hereinafter referred to as ‘the insurer’.
5. The brief facts of the case leading to the filing of the appeals may be stated as under:
On 22.08.1993 at about 10.30 a.m., when the deceased Chikkaputtegowda was going on the left side of the road and when he was in front of Government Primary School at T.S.Chatra at Pandavapura Road, the driver of the scooter bearing No.CND-5826 came in a rash and negligent manner and dashed against Chikkaputtegowda from behind and he sustained fatal injuries. He was admitted to K.R.Hospital, Mysore. Later on shifted to NIMHANS Hospital and then to Victoria Hospital, Bangalore, where it was declared that he would not survive. On 15.09.1993 the victim was taken to their house and on the same day he died. The claimants, viz., the wife and three minor children have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation in all amounting to Rs.8,55,000/- with costs and interest from the owner, the insurer and the driver of the scooter respectively. On service of notice in the claim petition, the owner and the driver of the scooter entered appearance through their counsel, but they did not file written statement. The insurer of the scooter filed written statement denying the averments of the claim petition and sought for dismissal of the petition. The Trial Court framed in all three issues. In support of the case of the claimants, the wife of the deceased Chikkaputtegowda got herself examined as P.W.1 besides examining one Rajegowda as P.W.2 and got marked Exs.P-1 to P-6. The insurer has got examined one Putta Nanjaiah, Asst. Administrative officer as R.W.1 and copy of Insurance Policy, extract of the History Sheet for Drivers and driving licence were marked as Exs.D-1 to D-3. The claims Tribunal, after hearing arguments and perusing the evidence and material on record, held that the victim died in the accident due to negligent driving of the scooter by the driver and awarded compensation of Rs.2,20,200/- with costs and interest at the rate of 9% p.a., from the date of petition till realization, in favour of the claimants against the owner and the driver of the scooter holding that they are jointly and severally liable to pay the compensation. The claim petition was dismissed as against the insurer. The claimants are praying for enhancement of compensation as prayed for in the claim petition and to direct the insurer to pay the compensation.
6. The owner and the driver of the scooter in question have filed the appeal in MFA No.1133/2003 contending that death of Chikkaputtegowda was not due to th
