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2025 Supreme(Kar) 353
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
MOHAMMAD NAWAZ, K.S. HEMALEKHA, JJ.
The Legal Manager, HDFC General Insurance Co. Ltd. - Appellant
Versus
Janabai W/o Late Maruti Jamadar - Respondent
Misc. First Appeal Nos. 201605, 201684 of 2025
Decided On : 01-07-2025
Advocate Appeared:
For the Appellant : Subhash Mallapur
For the Respondent: Nagaraj Patil
Compensation awarded in wrongful death cases must adequately consider loss of consortium and responsibility determination based on available evidence.
Headnote:(A) Motor Vehicles Act - Compensation for wrongful death - The death of Maruti Jamadar occurred due to a road accident - The Tribunal awarded Rs.21,00,500/- which was later enhanced to Rs.22,60,500/- on appeal. The liability was rightly fixed on the insurer as the evidence did not support claims of driver negligence. (Paras 3, 13-16)
(B) Loss of Consortium - Compensation recalculated under this head to include amounts to family members, reflecting the loss of companionship and support. (Paras 14-16)
Facts of the case:
The appeals involved claimants consisting of the wife, children, and parents of the deceased, who died in a motorcycle accident. Insurance company's liability was challenged citing fault of the deceased, which lacked substantive evidence.
Findings of Court:
The Tribunal's awards for loss of dependency, consortium, and other expenses were deemed appropriate and adjusted to provide fair compensation to the claimants.
Issues: The key issues revolved around the fault attribution for the accident and the adequacy of the initial compensation awarded.
Ratio Decidendi: The court upheld the Tribunal's findings on liability and compensation, asserting the importance of evidentiary support in fault determination.
Result: The insurance appeal was dismissed and the claimants' appeal was partially allowed, resulting in modified compensation.
| Table of Content |
|---|
| 1. overview of claims and compensation awarded (Para 1 , 3 , 4) |
| 2. competing arguments on liability and compensation (Para 5 , 6 , 7) |
| 3. assessment of evidence and compensation details (Para 9 , 12 , 16) |
| 4. principles governing loss of consortium compensation (Para 14) |
| 5. final adjustment of awarded compensation (Para 17) |
JUDGMENT :
MOHAMMAD NAWAZ, J.
1. These two appeals arise out of the judgment and award dated 24.07.2024 passed by the Court of IV Additional Senior Civil Judge and MACT, at Kalaburagi in MVC.No.698/2017.
2. The appeals are taken up for final disposal, with the consent of the learned counsels appearing on either side.
3. The Tribunal has awarded a total compensation of Rs.21,00,500/- with future interest at the rate of 6% p.a. from the date of petition till realization, to the claimants, in respect of the death of one Maruti Jamadar in a road traffic accident, which took place on 10.11.2016 at about 08.30 p.m. near Guddamma Temple, at Bhoosnoor village, NSL Sugar Factory Cross.
4. Claimants are the wife, children and parents of the deceased.
5. The insurer has preferred MFA.No.201684/2025 challenging the liability and the claimants have preferred MFA.No.201605/2025 seeking enhancement of compensation.
6. It is contended by the learned counsel for the insurance company that as per spot mahazar and sketch map, the accident occurred on the right side of the road, towards Bhoosnoor village, where the deceased was proceeding and therefore, the accident was on account of his fault. He contended that the liability fixed on the offending vehicle which is insured with the appellant herein is erroneous. He further contended that the rider of the motorcycle insured with appellant herein was not possessing a valid and effective driving license and therefore, the Tribunal was not justified in fixing the liability on the insurance company.
7. Per contra, learned counsel appearing for the claimants contended that the Tribunal having appreciated the material on record has rightly come to the conclusion that it was the rider of the opposite vehicle, who was responsible for the accident and therefore, fixed the liability on the insurer of the said vehicle. He contended that there is no material placed on record to show that the rider of the motorcycle was not holding a valid and effective driving license. He further contended that the Tribunal has awarded a lesser compensation towards loss of consortium and therefore, seeks to enhance the compensation awarded by the Tribunal.
8. We have given our anxious consideration to the rival submissions and perused the materials on record.
9. According to claimants, on 10.11.2016 at about 08.30 p.m., the deceased Maruti Jamadar along with one P.M. Nagaraj s/o Shankar Jamadar had been to Moulali Darga on motorcycle bearing Reg.No.KA-32/EK-1014 and after performing pooja, while they were returning to Bhoosnoor village, near NSL Sugar Factory Cross, a motorcycle bearing Reg.No.KA-32/Q-0692 came from the opposite direction in a high speed and rash and negligent manner and hit against the motorcycle in which the deceased and another were traveling, due to the said accident, Maruti Jamadar sustained severe injuries and succumbed to the injuries on the way to the hospital.
10. It is not in dispute that the motorcycle bearing Reg.No.KA-32/Q-0692 had a valid insurance policy from 21.04.2016 to 20.04.2017 issued by the appellant.
11. Primary contention of the learned counsel for the insurance company is that the accident was on account of the fault of the deceased himself, as he came to the wrong side of the road and caused the accident. To buttress the said contention, the learned counsel has relied on the spot mahazar, marked as Ex.R.2 before the Tribunal.
12. The Tribunal while appreciating the said document has came to the conclusion that in the absence of evidence of the investigating officer or the eyewitnesses to the effect as to how the accident occurred, merely on the basis of the hand sketc
