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2023 Supreme(Online)(KAR) 15939
MFA NO.101340/2021 C/w
MFA CROB. NO.100075/2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF JUNE, 2023
PRESENT
THE HON’BLE MR. JUSTICE S.G. PANDIT
AND
THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MFA.NO.101340 OF 2021(MV-D) C/W
MFA.Crob. NO.100075 OF 2021(MV-D)
IN MFA.NO. 101340/2021
BETWEEN
THE MANAGER,
RELIANCE GENERAL INSURANCE COMPANY LIMITED,
MAHADEV PLAZA CIS NO.10719 SY.NO.135/A,
NEAR KHOLAPUR CIRCLE, NEHRU NAGAR,
BELAGAVI-590010.
(INSURER OF ASHOK LELYLAND TRUCK
BEARING REG. NO.MH-09/CV-4646)
REPTD. BY ITS AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. G.N. RAICHUR , ADVOCATE)
AND
1 . SMT. KAVITA W/O. RAKESH ROGI,
AGE: 21 YEARS, OCC: HOUSEHOLD WORK,
R/O: BORGAL, TQ: HUKKERI, DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAY OUT,
BAUXITE ROAD, BELAGAVI-590012.
2 . KUMARI. VEDA @ SHREE D/O. RAKESH ROGI,
Digitally
signed by K M
SOMASHEKAR
Location:
DHARWAD
Date:
2023.06.20
14:05:10 -0700
MFA NO.101340/2021 C/w
MFA CROB. NO.100075/2021
2
AGE: 3 YEARS, OCC: NIL,
R/O: BORGAL, TQ: HUKKERI, DIST: BELAGAVI,
NOW AT PLOT NO.10, KUMARSWAMY LAY OUT,
BAUXITE ROAD, BELAGAVI-590012.
(RESPONDENT NO.2 IS MINOR
R/BY HER NATURAL MOTHER
SMT. KAVITA W/O. RAKESH ROGI,
RESPONDENT NO.1)
3 . SMT. SUSHILA W/O. MAHADEV ROGI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: BORGAL, TQ: HUKKERI, DIST: BELAGAVI,
NOW AT PLOT NO.10, KUMARSWAMY LAY OUT,
BAUXITE ROAD, BELAGAVI-590012.
4 . SHRI. MAHADEV S/O. LAXMAN ROGI,
AGE: 55 YEARS, OCC: EX SERVICEMEN,
R/O: BORGAL, TQ: HUKKERI, DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAY OUT,
BAUXITE ROAD, BELAGAVI-590012.
5 . SUVARNA SURESH PATIL,
AGE: MAJOR, OCC: BUSINESS,
R/O: DINDANERALI, TQ: KARAVEER,
DIST: KOLHAPUR-416010.
OWNER OF ASHOK LELYLAND TRUCK,
BEARING REG. NO.MH-09/CV-4646)
...RESPONDENTS
(BY SMT. SUNANDA P. PATIL, ADVOCATE FOR R1 TO R4
SRI. VITTHAL S. TELI, ADVOCATE FOR R5)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 10.06.2021
PASSED IN MVC NO.1095/2020 ON THE FILE OF THE V
ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING
COMPENSATION
OF
Rs.22,31,200/-
WITH
INTEREST
AT
6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
MFA NO.101340/2021 C/w
MFA CROB. NO.100075/2021
3
IN MFA.CROB NO.100075/2021
BETWEEN
1 . SMT. KAVITA W/O. RAKESH ROGI,
AGE: 21 YEARS, OCC: HOUSEHOLD WORK,
R/O: BORGAL-591236, TALUKA: HUKKERI,
DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAYOUT,
BAUXITE ROAD, BELAGAVI.
2 . KUMARI. VEDA @ SHREE
D/O. RAKESH ROGI,
AGE: 3 YEARS, OCC: NIL,
R/O: BORGAL-591236, TALUKA: HUKKERI,
DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAYOUT,
BAUXITE ROAD, BELAGAVI.
(PETITIONER NO.2 IS MINOR REPRESENTED
BY HER NATURAL GUARDIAN MOTHER
SMT. KAVITA RAKESH ROGI-PETITIONER NO.1)
3 . SMT. SUSHILA W/O. MAHADEV ROGI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: BORGAL-591236, TALUKA: HUKKERI,
DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAYOUT,
BAUXITE ROAD, BELAGAVI.
4 . SHRI. MAHADEV LAXMAN ROGI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O: BORGAL-591236, TALUKA: HUKKERI,
DIST: BELAGAVI.
NOW AT PLOT NO.10, KUMARSWAMY LAYOUT,
BAUXITE ROAD, BELAGAVI.
...CROSS OBJECTORS
(BY SMT. SUNANDA P. PATIL, ADVOCATE)
MFA NO.101340/2021 C/w
MFA CROB. NO.100075/2021
4
AND
1 . SMT. SUVARNA SURESH PATIL,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: DINDANERALI-416 207
TALUKA: KARAVEER,
DIST: KOLHAPUR,
MAHARASHTRA STATE.
2 . THE MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
MAHADEV PLAZA, CTS NO. 10719,
R S NO. 135/A NEAR KOLHAPUR CIRCLE,
NEHRU NAGAR, BELAGAVI-590 010.
...RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADVOCATE FOR R1
SRI. G.N. RAICHUR, ADVOCATE FOR R2)
THIS MFA.CROB IN MFA NO.101340/2021 FILED UNDER
ORDER XLI RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 10.06.2021 PASSED IN MVC NO.1095/2020 ON
THE FILE OF THE V ADDITIONAL DISTRICT JUDGE AND MEMBER
OF
ADDITIONAL
MOTOR
ACCIDENT
CLAIMS
TRIBUNAL,
BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THE MFA AND MFA.CROB HAVING BEEN HEARD AND
RESERVED
ON
07.06.2023
AND
COMING
ON
FOR
PRONOUNCEMENT OF JUDGMENT, THIS DAY S.G.PANDIT J.,
DELIVERED THE FOLLOWING:
MFA NO.101340/2021 C/w
MFA CROB. NO.100075/2021
5
Both the appeal and the cross-objections arise from the
judgment and award, dated 10.06.2021, passed in M.V.C.
No.1095/2020 by the V Additional District Judge and
Member, Additional Motor Accident Claims Tribunal, Belagavi
(for short, ‘the Tribunal’).
2.
The insurance company is before this Court in
M.F.A. No.101340/2021 challenging saddling of the liability
as well as the quantum of compensation awarded, whereas
the claimants are before this Court in M.F.A. Crob.
No.100075/2021 praying for enhancement of compensation
not being satisfied with the compensation awarded by the
Tribunal.
3.
The claimants, who are the wife, child and parents
of the deceased Sri. Rakesh Mahadev Rogi, filed a claim
petition under Section 166 of the Motor Vehicles Act, 1988
(for short, the 'MV Act') seeking compensation for the
6
accidental death of deceased Sri. Rakesh Mahadev Rogi that
took place on 27.12.2019 involving Ashok Leyland Truck
bearing registration No.MH-09/CV-4646. It was stated that
Sri. Rakesh Mahadev Rogi was traveling in the said Truck as
a Cleaner and due to the accident, he suffered grievous
injuries and died on the spot. It was stated that the deceased
was aged 23 years as on the date of the accident, and he
was getting daily wage Rs.400/- and batta of Rs.100/- per
day.
4.
On issuance of notice, respondents No.1 & 2
appeared before the Tribunal and filed their separate written
statement inter alia denying the entire petition averments.
Respondent No.1-owner of the Truck stated that the Truck
was insured with respondent No.2-insurance company and
the driver of the Truck was having a valid and effective
driving licence to drive the Truck. Respondent No.2-insurer,
in its written statement, while admitting the issuance of
policy, has stated that its liability is subject to the terms and
7
condition of the insurance policy. It was also contended that
respondent No.1-onwer of the Truck had entrusted the
vehicle to a person who did not have a valid and effective
driving licence to drive the vehicle and the Truck did not
have a valid permit as on the date of the accident. It was
further stated that the deceased Rakesh Mahadev Rogi was
traveling in the Truck as a spare driver, who had no valid
driving licence as on the date of the accident, and therefore,
the deceased was shown to be working as a Cleaner. The
claim in respect of the Cleaner is not covered by the
insurance policy as extra premium amount is not paid.
Therefore, the insurer contended that it is not liable to pay or
indemnify the insured-respondent No.1. Thus, the insurer
prayed for dismissal of the claim petition.
5.
Before the Tribunal, the claimant No.1, the wife of
the deceased, examined herself as P.W.1 apart from marking
nineteen documents as Exs.P1 to P19. On behalf of the
respondents, two witnesses came to be examined as R.W.1
8
and R.W.2 apart from marking five documents as Ex.R.1 to
Ex.R.5.
6.
The Tribunal, on appreciation of the material
evidence
on
record,
awarded
total
compensation
of
Rs.22,31,200/- with interest at 6% per annum on the
following heads:
1)
Loss of Dependency
Rs.
20,41,200/-
2)
Loss of parental consortium
Rs.
80,000/-
3)
Loss of filial consortium
Rs.
40,000/-
4)
Loss of spousal consortium
Rs.
40,000/-
5)
Loss of Estate
Rs.
15,000/-
6)
Funeral expenses
Rs.
15,000/-
TOTAL Rs.
22,31,200/-
While awarding the above compensation, the Tribunal has
assessed the income of the deceased notionally at Rs.9,000/-
per month, added 40% of the assessed income towards
'future prospects', deducted 1/4th of the assessed income
towards personal expenses of the deceased and applied
multiplier '18'.
9
7.
Heard Sri. G.N.Raichur, learned counsel for the
appellant-insurance company as well as Smt.Sunanda P.
Patil, learned counsel for the cross-objectors-claimants.
Perused the impugned judgment and award, and the appeal
papers.
8.
Learned counsel Smt. Sunanda P.Patil, for cross-
objectors/claimants would submit that the notional income of
the deceased assessed by the Trib
