SHRIRAM GENERAL INSURANCE CO. LTD vs SMT. BHARATHI AND ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Kar) 52125

1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2^ND DAY OF FEBRUARY 2022
PRESENT
THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
MFA NO.201250/2021
C/W
MFA No.200850/2021 (MV)
IN MFA NO.201250/2021:
BETWEEN:
1.
Sheshamma W/o Bhimanna Malsa,

Age: 75 years, Occ: Household,

R/o Village Degalmadi-585 307.

Tq. Chincholi, Dist. Kalaburagi.
2.
Bhimanna S/o Anneppa Malsa,

(died on 29.11.2018) through his LRs.
2(a) Smt. Sheshamma W/o late

Bhimanna Masla,

Age: 75 years, Occ: Household,
2(b) Sri Ravishankar S/o late

Bhimanna Masla,

Age: 59 years, Occ: Agriculture,
2
2(c) Sri.Prabhushankar S/o late

Bhimanna Masla,

Age: 56 years, Occ: Agriculture,
2(d) Sri Basawaraj S/o late

Bhimanna Masla,

Age: 54 years, Occ: Agriculture,

All R/o Village Degalmadi-585307

Tq. Chincholi, Dist. Kalaburagi.
... Appellants
(By Sri Narendra M. Reddy, Advocate)
AND:
1.
Smt. Bharathi W/o late Vaijanath,

Age: 30 years, Occ: Household,

R/o Village Degalmadi-585 307

Tq. Chincholi, Dist. Kalaburagi.
2.
Shivappa Neeli S/o Marappa,

Age: Major, Occ: Owner of Ashok

Leyland lorry registration No.AP-28/Y-3738,

R/o House No.1-95/2,

Gotka Kalan, Basheerabad,

Dist. Ranga Reddy (A.P.)
3.
Shriram General Insurance Company Limited,

3^rd Floor, S and S Corner,

Building, Opp: Boring Hospital,

Shivaji Nagar, Bangalore-560 001.
... Respondents
(Sri. Basavaraj R. Math, Advocate for R1;
Sri. Sudarshan M., Advocate for R3;
Notice to R2 dispensed with)
3

This Miscellaneous First Appeal is filed under Section
173 (1) of the Motor Vehicles Act, praying to modify the
judgment and award dated 28.02.220 passed by the
Senior Civil Judge & JMFC, Chincholi in MVC No.73/2016
and allow the appeal by enhancing the compensation
amount, order for apportionment of compensation to the
extent of 40% to appellant No.1/respondent No.3 and
order for costs of this appeal.
IN MFA NO.200850/2021:
BETWEEN:
Shriram General Insurance Co. Ltd.,
3^rd Floor, S and S Corner Building,
Opp: Bouring Hospital,
Shivaji Nagar, Bangalore-560001.
Presently represented by its
Authorized Signatory
Deputy Manager,
Shriram Manager,
Shriram General Insurance Co. Ltd.,
No.3/5, 3^rd Floor, S.V.Arcade,
Bilekahalli Road, IIM Post,
Bengaluru-560076.
... Appellant
(By Sri Sudarshan M., Advocate)
AND:
1.
Smt. Bharathi W/o Late Vaijinath Malsa,

Age: 29 years, Occ: Household,

R/o Village Degalmadi,

Taluk: Chincholi, Dist: Kalaburagi-585 307.
2.
Shivappa Neeli S/o Marappa,

Age: Major, Occ: Owner of Ashok Leyland
4

Lorry No.AP-28/Y-3738,

R/o H.No.1-95/2, Gotka Kalan,

Basheerabad, Dist: Rangareddy (AP).

Pin Code: 501 143.
3.
Sheshamma W/o Bhimanna Malsa,

Age: 74 years, Occ: Household,

R/o Village Degalmadi,

Taluk: Chincholi, Dist: Kalaburagi-585 307.
4.
Sri. Ravinshankar S/o Late Bhimanna Malsa,

Age: 58 years, Occ: Agriculture,
5.
Sri. Prabhushankar S/o Late Bhimanna Malsa,

Age: 55 years, Occ: Agriculture,
6.
Sri. Basvaraj S/o Late Bhimanna Malsa,

Age: 53 years, Occ: Agriculture,

All are R/o Village Degalmadi,

Taluk: Chincholi, Dist: Kalaburagi-585307.

... Respondents
(Sri. Basavaraj R. Math, Advocate for C/R1)

This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, praying to set aside the
judgment and award dated 28.02.2020 passed in MVC
No.73/2016 by the Senior Civil Judge & JMFC at Chincholi.

These appeals coming on for orders this day,
K.S. Hemalekha J., delivered the following:

MFA

No.201250/2021

preferred

Smt.

Sheshamma, mother of the deceased who is respondent

No.3 before the Tribunal and her children, who were

brought on record as L.Rs. of her deceased husband

Sri. Bhimanna, who was respondent No.4 before the

Tribunal

assailing

the

judgment

and

award

dated

28.02.2020 in MVC No.73/2016 on the file of Senior Civil

Judge and JMFC, Chincholi (for short 'the Tribunal'),

seeking

enhancement

compensation

and

for

apportionment of compensation to the extent of 40% in

favour of appellant No.1.

MFA No.2000850/2021 is preferred by the

insurance company, assailing the very same judgment and

award passed by the Tribunal on the ground of quantum.

For the sake of convenience, the parties shall

be referred to as per their ranking before the Tribunal.

The claim petition was filed under Section 166

of the Motor Vehicles Act, seeking compensation of

Rs.52,00,000/- by the wife of deceased Vaijinath Malsa,

who succumbed to the injuries in a fatal road accident,

contending that on 13.06.2015, the deceased and his

subordinate were proceeding from Degalmadi to Tandur on

a bike bearing No.KA-38-H-9690. At about 7.30 p.m. when

they were near Kunchavaram Cross on Chincholi Tandur

road, a lorry bearing Reg.No.AP-28/Y-3738 came from

opposite direction in a rash and negligent manner and

dashed against the motorcycle. Due to the accident, the

deceased

sustained

multiple

grievous

injuries

and

succumbed to the said injuries during treatment. The

deceased was aged 39 years and was hale and healthy at

the time of accident and he was working as an Technical

Assistant in the Agricultural Department and was drawing

a salary of Rs.30,000/- and also earning Rs.10,000/- from

agriculture. The deceased was the sole breadwinner of the

family and the claimants were depending on the deceased.

Respondent Nos.3 and 4 are the parents of deceased

Vaijinath.

In response to the notice issued by the

Tribunal, respondent Nos.1 to 4 appeared.

Respondent

No.2-insurance

company

filed

objections specifically denying the age, occupation and

income of the deceased and also contended that the driver

of the lorry bearing Reg.NoAP-28-Y-3738 was not holding

valid and effective driving licence as on the date of the

accident and sought to deny the liability to pay any

compensation to the claimant and respondent Nos.3 and 4.

On the basis of the pleadings of the parties,

the Tribunal framed the following issues:

ISSUES

1. Whether

the

petitioners

proved

that

Vaijinath was died in the motor vehicle

accident that occurred on 13.06.2015 at

about 7.15 p.m., on Chincholi to Tandur

road

nearby

Kunchavaram

cross

account of rash and negligent driving of

lorry driver bearing No.AP-28-Y-3738?

2. Whether the respondent No.2 has proved

that, as on the date of accident the

offending lorry driver did not possess valid

and effective driving licence?

3. Whether the petitioner is entitled for the

compensation? If so, to what amount and

from whom?

4. What order or Award?

substantiate

her

case,

the

claimant

examined herself as PW.1 and two witnesses as PWs.2 and

3 and got marked Exs.P1 to P15. On the other hand,

respondent No.2 examined its officer as RW.1 and

produced the insurance policy as per Ex.R1.

The

Tribunal,

considering

the

pleading,

evidence and material on record held that the accident

occurred due to the negligence on the part of the driver of

the lorry bearing Reg.No.AP-28-Y-3738 and fastened the

liability upon the insurance company and awarded

compensation of Rs.46,14,000/ with interest at 6% per

annum from the date of petition till the date of deposit.

10.

Being

aggrieved

the

quantum

compensation awarded by the Tribunal, the insurance

company has preferred MFA No.200850/2021 and the

mother and her children, who are the brothers of the

deceased have preferred MFA No.201250/2021, seeking

enhancement of compensation and for apportionment of

compensation to the extent of 40% in favour of appellant

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