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MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
1
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MS.JUSTICE J.M.KHAZI
MFA.No.200516/2016 (MV)
c/w
MFA.CROB.No.200048/2016 (MV)
IN MFA.No.200516/2016:
BETWEEN:
1.
THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.
1ST FLOOR NANDI COMPLEX
OPP. SYNDICATE BANK
STATION ROAD, YADGIR.
2.
THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.
OPP. MINI VIDHANA SOUDHA
MAIN ROAD, GULBARGA
BOTH APPELLANT NO.1 AND 2
NOW REPRESENTED BY ITS
SENIOR DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.
OPP. MINI VIDHAN SOUDH,
GULBARGA
... APPELLANTS
(BY S.S. ASPALLI, ADVOCATE)
AND:
1.
SUMANGALA
W/O MANAPPA PATTAR
AGE 37 YEARS
OCC: HOUSEHOLD
MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
2
2.
TANUJA
D/O MANAPPA PATTAR
AGE 15 YEARS
OCC: STUDENT
3.
RAVIKUMAR
S/O MANAPPA PATTAR
AGE 13 YEARS
OCC: STUDENT
4.
KAVERI
D/O MANAPPA PATTAR
AGE 11 YEARS
OCC: STUDENT
5.
KARTIK
S/O MANAPPA PATTAR
AGE 11 YEARS
OCC: STUDENT
RESPONDENT NOS.2 TO 5 ARE MINORS
U/G OF RESPONDENT NO.1 WHO IS THEIR MOTHER
ALL ARE R/O YALAGI TQ,
SHORAPUR, DISTRICT YADGIR-585224
6.
MANJUNATH
S/O MANOHAR
AGE 29 YEARS
OCC: STUDENT
R/O YERGOL TQ &
DISTRICT YADGIRI-585321
7.
JAGDISH
S/O BHEEMANNA BADGER
AGE 31 YEARS
OCC: CARPENTER
R/O M. KOLLUR, TQ: SHAHPUR
DISTRICT YADGIR-585223
8.
VEERBHADRAPPA
S/O VEERANNA
AGE 45 YEARS
MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
3
OCC: AGRICULTURE
R/O YERGOL TQ &
DISTRICT YADGIR-585221
9.
VEERANNA
S/O GUNDAPPA HARAKANCHI
PLOT NO. 60,
DEV NAGAR OLD JEWARGI ROAD
GULBARGA-585103.
... RESPONDENTS
(SRI. SHIVASHARANA REDDY, ADVOCATE FOR R1 TO 5
R2 TO R5 ARE MINORS REPRESENTED BY R1
R6 AND R8 ARE SERVED
V/O DT: 30.09.2021 NOTICE TO R7 & R9
ARE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT
AND AWARD DATED 16.06.2015 IN MVC.NO.76/2011 PASSED
BY THE SENIOR CIVIL JUDGE & ADDL.MACT, SHORAPUR, BY
ALLOWING THE ABOVE APPEAL IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA.CROB.NO.200048/2016:
BETWEEN:
1.
SUMANGALA
W/O MANAPPA PATTAR
AGE 37 YEARS
OCC: HOUSEHOLD
2.
TANUJA
D/O MANAPPA PATTAR
AGE 15 YEARS
OCC: STUDENT
3.
RAVIKUMAR
S/O MANAPPA PATTAR
AGE 13 YEARS
OCC: STUDENT
MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
4
4.
KAVERI
D/O MANAPPA PATTAR
AGE 11 YEARS
OCC: STUDENT
5.
KARTIK
S/O MANAPPA PATTAR
AGE 11 YEARS
OCC: STUDENT
CROSS OBJECTOR NOS.2 TO 5 ARE MINORS
U/G OF CROSS OBJECTOR NO.1 WHO IS THEIR MOTHER
ALL ARE R/O YALAGI TQ
SHORAPUR, DISTRICT YADGIR-585201
... CROSS OBJECTORS
(SRI. SHIVASHARANA REDDY, ADV FOR CROSS OBJECTOR)
AND:
1.
MANJUNATH
S/O MANOHAR
AGE 28 YEARS
OCC: STUDENT
R/O YERGOL TQ &
DISTRICT YADGIRI-585201
2.
JAGADISH
S/O BHEEMANNA BADGER
AGE 31 YEARS
OCC: CARPENTER
R/O M. KOLLUR, TQ: SHAHPUR
DISTRICT YADGIR-585201
3.
VEERBHADRAPPA
S/O VEERANNA
AGE 45 YEARS
OCC: AGRICULTURE
R/O YERGOL TQ &
DISTRICT YADGIR-585201
MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
5
4.
VEERANNA
S/O GUNDAPPA HARAKANCHI
PLOT NO. 60,
DEVA NAGAR OLD JEWARGI ROAD
GULBARGA-585102.
5.
THE MANAGER
ORIENTAL INSURANCE CO. LTD.
1ST FLOOR NANDI COMPLEX
OPP. SYNDICATE BANK
STATION ROAD, YADGIR-585201
6.
THE MANAGER
THE ORIENTAL INSURANCE CO. LTD.
OPP. MINI VIDHANA SOUDHA
MAIN ROAD, KALABURGI-585102
... RESPONDENTS
(V/O DATED 14.02.2020 NOTICE TO R1 TO R4 ARE
DISPENSED WITH
SRI.S.S.ASPALLI, ADV FOR R5 & R6)
THIS MFA.CROB IS FILED UNDER ARTICLE 41 RULE 22 OF
THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO MODIFY
THE IMPUGNED JUDGMENT AND AWARD DATED 16.06.2015
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ADDL.
MACT, SHORAPUR, IN MVC.NO.76/2011 AND PASS AN ORDER
FOR ENHANCEMENT OF COMPENSATION AS DEEMED FIT BY
THIS
HON'BLE
COURT
UNDER
THE
FACTS
AND
CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS, IN THE
INTEREST OF JUSTICE AND EQUITY
THIS MFA CONNECTED WITH MFA.CROB BEING HEARD
AND RESERVED FOR JUDGMENT ON 25.01.2022, COMING ON
FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:-
MFA.No.200516/2016
c/w MFA.Crob.No.200048/2016
6
These two appeals are arising out of impugned
judgment and award, whereby the Tribunal has
granted compensation in a sum of Rs.11,46,000/-
with interest at 6% p.a. and directed respondent
Nos.5 and 6 to pay the same.
MFA.No.200516/2016
is
filed
by
respondent Nos.5 and 6 i.e., Oriental Insurance
Company Ltd., whereas MFA.Crob.No.200048/2016 is
filed by the claimants seeking enhancement.
For the sake of convenience the parties are
referred to by their rank before the Tribunal.
The facts leading to the filing of claim
petition are that on 02.07.2009, at 11.30 a.m.,
deceased Mannappa Pattar along with respondent
No.2 - Jagadish was proceeding on motorcycle No.KA-
32-U-7781 to go to Shahapur. It was driven by
7
respondent No.2 and deceased was the pillion rider. At
12.30 p.m., when they were near Rubnalli Cross,
while respondent No.2 was trying to over take a jeep,
which was going in front of him, a motorcycle bearing
registration No.KA-33-E-5719 driven by respondent
No.1 came from the opposite side and dashed against
the motorcycle on which deceased was proceeding.
The accident occurred due to the rash or negligent
driving by respondent Nos.1 and 2.
In the accident, deceased sustained head
injuries. Immediately, he was shifted to Basaveshwara
Hospital, Gulbarga and from there he was taken to
Yashodhara Hospital, Sholapur. However, he died on
04.07.2009, while undergoing treatment.
At the time of accident, deceased was aged
37 years. He was a goldsmith by profession and
earning Rs.8,000/- p.m. Claimants are the wife and
children of deceased - Mannappa.
8
At the time of accident, both vehicles were
covered by a valid policy issued by respondent Nos.5
and 6 and as such they are liable to pay the
compensation.
Respondent Nos.1 and 2 being the riders
and respondent Nos.3 and 4 being the owners of the
motorcycles in question, have filed written statement
making
general
denials.
They
have
specifically
contended that at the time of accident, respondent
Nos.1 and 2 were holding a valid and effective driving
license. Both vehicles were covered by a valid policy
issued by respondent Nos.5 and 6 and in the event of
granting compensation, they may be directed to pay
the same.
Respondent Nos.5 and 6 have appeared
and filed written statement denying the allegations
that the accident occurred due to the rash or negligent
9
driving by respondent Nos.1 and 2 and that deceased
died on account of the injuries sustained in the said
accident. Though respondent Nos.5 and 6 have
contended that both the vehicles were covered by
valid policies, they have pleaded that the drivers were
not having valid and effective driving license.
10. The Tribunal has framed the issues.
11. In support of their claim petition, claimant
No.1 has examined herself as PW.1 and documents
Exs.P.1 to 8 are marked. On the other hand, on behalf
of respondents No.5 and 6, RW.1 is examined and
Exs.R.1 and R2 are marked.
12. After hearing the arguments of the learned
counsel for both the parties, the Tribunal has come to
the conclusion that the death of deceased occurred
due to road traffic accident involving both vehicles and
that in the capacity as the insurer respondents No.5
10
and 6 are liable to pay the compensation and granted
compensation in a sum of Rs.11,46,000/- as detailed
below:-
Heads
Amount
In Rs.
Loss of future income
9,11,250/-
Funeral Expenses
25,000/-
Transportation of dead body
10,000/-
Loss of consortium
1,00,000/-
Loss of love and affection
1,00,000/-
Total
11,46,250/-
Rounded off
11,46,000/-
13. Respondents No.5 and 6 have challenged
the judgment and award of the Tribunal contending
that the judgment and award of the Tribunal is against
the law, evidence and circumstances of the case and
is liable to be set-aside.
13.1 The
alleged
accident
occurred
on
02.07.2009 and deceased - Mannappa Pattar, died on
04.07.2009. However, a private complaint under
Section 200 of Cr.P.C. is filed on 09.10.2009 befo
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