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2022 Supreme(Online)(Kar) 35359
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON9BLE Mrs. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL No.5563/2016 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL No.5564/2016 (MV-D)
IN M.F.A. No.5563/2016
BETWEEN:
SMT. DARSHINI,
W/O. DR. B.M. RUDRAPRASAD,
AGED ABOUT 30 YEARS,
R/AT FLAT NO.108,
MAHAVEER ASPEN,
25/4, YELLECHENAHALLI,
KANAKAPURA MAIN ROAD,
BENGALURU 3 560 078.
... APPELLANT
(BY SMT. SREEVIDYA G.K., ADVOCATE FOR
SRI T.N. VISWANATHA, ADVOCATE)
AND:
1.
SRI B.A. TALKHEEN AHMED,
S/O. FATHERS NAME NOT KNOWN
TO THE PETITIONER,
R
- 2 -
MAJOR IN AGE,
M/S. EAST WEST TOURISM
CORPORATION, B.H. ROAD,
SHIMOGA DISTRICT 3 577 201.
2.
THE NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEX,
MISSION ROAD,
BENGALURU 3 560 002,
REPRESENTED BY ITS
REGIONAL MANAGER.
3.
SMT. H.K. UMADEVI,
W/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 66 YEARS,
R/AT DOOR NO.660, 9TH CROSS
NEAR OLD CLARANCE ENGLISH SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
4.
SRI MAHADEVAIAH,
S/O LATE CHANNAVEERAIAH,
AGED ABOUT 71 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARANCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
5.
M. CHANDRIKA,
D/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
(R-4 AND R-5 DEAD BY LR9S)
- 3 -
(SINCE DEAD BY LR,
R-3 IS ALREADY ON RECORD
AMENDMENT CARRIED OUT
VIDE COURT ORDER
DATED 09.08.2021)
... RESPONDENTS
(BY SRI G.S. MARULAIAH, ADVOCATE FOR R-2;
SRI K.R. KUMAR, ADVOCATE FOR R-3;
R-1 IS SERVED BUT UNREPRESENTED;
V/O. DATED 09.08.2021 R-3 IS TREATED AS LR9S OF
DECEASED R-4 AND R-5)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 23.04.2016 PASSED IN
MVC NO.4734/2010 ON THE FILE OF THE XX ADDITIONAL
SMALL CAUSE JUDGE, MEMBER, MACT, BANGALORE,
DISMISSING THE CLAIM PETITION FOR COMPENSATION.
IN M.F.A. No.5564/2016
BETWEEN:
SMT. DARSHINI,
W/O. DR. B.M. RUDRAPRASAD,
AGED ABOUT 30 YEARS,
R/AT FLAT NO.108,
MAHAVEER ASPEN,
25/4, YELLECHENAHALLI,
KANAKAPURA MAIN ROAD,
BENGALURU 3 560 078.
... APPELLANT
(BY SMT. SREEVIDYA G.K., ADVOCATE FOR
SRI T.N. VISWANATHA, ADVOCATE)
- 4 -
AND:
1.
THE NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEXE,
MISSION ROAD,
BENGALURU 3 560 002,
REPRESENTED BY ITS
REGIONAL MANAGER.
2.
SRI B.A. TALKHEEN AHMED,
S/O. FATHERS NAME NOT KNOWN
TO THE PETITIONER,
MAJOR IN AGE,
M/S. EAST WEST TOURISM
CORPORATION, B.H. ROAD,
SHIMOGA DISTRICT 3 577 201.
3.
SMT. H.K. UMADEVI,
W/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 66 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARANCE ENGLISH SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
4.
SRI MAHADEVAIAH,
S/O. LATE CHANNAVEERAIAH,
AGED ABOUT 71 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
5.
M. CHANDRIKA,
D/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.660, 9TH CROSS,
- 5 -
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR 3 561 001.
(R-4 AND R-5 DEAD BY LR9S)
(SINCE DEAD BY LR,
R-3 IS ALREADY ON RECORD
AMENDMENT CARRIED OUT
VIDE COURT ORDER
DATED 09.08.2021)
... RESPONDENTS
(BY SRI G.S. MARULAIAH, ADVOCATE FOR R-1;
SRI K.R. KUMAR, ADVOCATE FOR R-3;
R-2 IS SERVED BUT UNREPRESENTED;
V/O. DATED 09.08.2021 R-3 IS TREATED AS LR9S OF
DECEASED R-4 AND R-5)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.04.2016 PASSED IN
MVC NO.5616/2013 ON THE FILE OF THE MEMBER, MACT,
20TH ADDITIONAL SMALL CAUSE JUDGE, BENGALURU,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON
FOR
FINAL
HEARING
THIS
DAY,
B.VEERAPPA
J.,
DELIVERED THE FOLLOWING:
- 6 -
Both these appeals are preferred by Smt.
Darshini alleged to be the wife of the deceased against
the impugned judgment and award dated 23.04.2016
passed by the MACT, XX Additional Small Causes
Judge, Bangalore (SCCH-22) (hereinafter referred to
as the 8the Tribunal9 for short) wherein the Tribunal
dismissed the claim petition in MVC No.4734/2010
filed by the present appellant and awarded total
compensation of Rs.49,60,000/- with interest @ 8%
p.a. in MVC No.5616/2013 filed by the parents and
unmarried sister of the deceased.
It is the case of the claimants in both the
claim petitions that on 16.04.2010 at about 1.00 pm,
the deceased Dr. B.M. Rudraprasad was proceeding
towards Tumkur from Bangalore in a car bearing
registration No.KA-05-NH-4656 and when he reached
near Anchemane Cross, Bangalore-Tumkur Road on
- 7 -
NH-4, at that time, a private Bus bearing registration
No.KA-14-A-1386 coming from Tumkur side in a rash
and negligent manner, suddenly took his bus U-Turn
and dashed against the car. Due to the impact,
deceased fell down and sustained injuries all over the
body. Immediately he was shifted to Columbia Asia
Hospital, wherein he took treatment as inpatient and
later, on 02.05.2010 he succumbed to the injuries
sustained. It is further contended that prior to the
accident, the deceased was hale and healthy and he
was working as a Doctor, MD-Community Medicine,
Asthma, Allergy and Immunology Specialist at KIMS, a
consultant at Meenakshi ENT Specialty Centre and
private practice at Allergy, Ashthama and Immunology
Clinic and he had experience in the field of medicine
for six years and was earning Rs.44,980/- from KIMS
and Rs.20,000/- p.a. from Meenakshi ENT Specialty
- 8 -
Centre and Rs.50,000/- from private practice. In all,
he was earning Rs.1,00,000/- per month.
The claimant-Smt. Darshinin filed claim
petition under the provisions of Section 166 of the
Motor Vehicles Act in MVC No.4734/2010 seeking
compensation on account of death of Dr. B.M.
Rudraprasad and has contended that claimants in MVC
No.5616/2013 are not dependant upon the income of
the deceased as they are employee and receiving the
pension benefits and thereby they are not entitled for
the compensation.
The claimants-parents and sister of the
deceased
have
filed
claim
petition
in
MVC
No.5616/2013 contending that they are depending
upon the income of the deceased and claimant No.3-
sister of the deceased had no chance of marrying
because of her incurable disease and is liable for the
- 9 -
compensation and contended that after the death of
Dr. Rudraprasad, the claimant-Smt. Darshini in MFA
No.4734/2010
has
remarried
one
Dr.
G.R.
Mallikarjuna on 24.03.2011 and the same was
registered in the office of the Registrar of Marriage at
Davanagere on 25.03.2011 and they settled at UK and
earning more than Rs.50.00 lakhs per year. Thereby,
they have claimed compensation of Rs.3.00 crores
with interest and costs.
In pursuance of the notice issued by the
Tribunal in MVC No.4734/2010, respondent No.1
remained absent and was
placed
exparte and
respondent Nos.2 to 5 appeared and filed their written
statements.
Though
notice
issued
in
MVC
No.5616/2013, respondent No.2 remained absent and
was placed exparte and respondent No.1 appeared
and filed written statement and respondent No.3
appeared however has not filed any objection.
- 10 -
6.
Insurance Company in both the petitions
has contended that petition is not maintainable either
in law or on facts and admitted the issuance of policy
in respect of private bus bearing registration No.KA-
14-A-1386 and liability, if any, is subject to the terms
and conditions of the policy and also contended that
the driver of the bus had no valid and effective driving
licence as on the date of the accident and further
contended that the accident occurred solely due to the
negligence on the part of the deceased himself and
the compensation claimed by the claimants is highly
excessive and exorbitant and sought to reject the
claim petit
