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MFA No. 102767 of 2019
C/W MFA No. 103856 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102767 OF 2019 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103856 OF 2018
IN MFA NO. 102767/2019.
BETWEEN:
1.
SMT. PARVATHI @ THIPPAMMA W/O. LATE.
PARAMESHWARAPPA,
AGE: 32 YEARS, OCC: HOUSEWIFE.
2.
MINOR PARJWAL S/O. LATE. PARAMESHWARAPPA,
AGE: 11 YEARS.
3.
MINOR ANANNYA D/O. LATE. PARAMESHWARAPPA,
AGE: 8 YEARS.
4.
HONNURAPPA S/O. LATE. HONNURAPPA,
AGE: 64 YEARS,
R/O: 182, HOSADADAGUR VILLAGE,
MOLKALMURU TQ, CHITRADURGA DIST.
NOTE: MINOR APPELLANTS NO. 2 and 3 IS REPRESENTED
BY NATURAL MOTHER AND GUARDIAN
SMT. PARVATHI @ THIPPAMMA, I.E. APPELLANT NO.1.
PRESENTLY ALL ARE RESIDENTS OF WARD NO. 5,
GUGGARATHATTI, BALLARI-583101.
…APPELLANTS
(BY SRI. MANJUNATH JADAI, ADVOCATE).
SHIVAKUMAR
HIREMATH
Digitally signed by
SHIVAKUMAR
HIREMATH
Location: High Court of
Karnataka, Dharwad
Date: 2023.07.03
11:54:45 +0530
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MFA No. 102767 of 2019
C/W MFA No. 103856 of 2018
AND:
1.
SOMASHEKARA S/O. SANNAPALAIAH
AGE: 39 YEARS, OCC: DRIVER OF THE AUTO
BEARING NO. KA-27/A-4497,
R/O: RAMASAGARADAHATTI VILLAGE,
KUDLIGI TQ, BALLARI DIST-583135.
2.
KATAIAH K. G. S/O. GANGANNA
AGE: 44 YEARS, OCC: OWNER OF THE AUTO
BEARING NO.KA-27/A-4497,
R/O: DONEHALLI, JAGALUR TQ, DAVANAGERE-577528.
3.
THE BRANCH MANAGER
M/S. SHRIRAM GENERAL INSURANCE CO. LTD.,
OPP. MAYURA HOTEL, BALLARI-583101.
4.
ROSHAN @ ROSHAN JAMEER S/O. ABDUL RAZAK,
AGE: 39 YEARS, DRIVER OF THE BUS BEARING
NO. KA-01/D-9124, R/O: 5TH WARD,
KOTTUR MAIN ROAD, NEAR GHP SCHOOL,
AZAD NAGAR, KUDLIGI TOWN,
KUDLIGI TQ, 583135, BALLARI DIST.
5.
T. MYLSAMY S/O. THANGAVEL S.
AGE: 49 YEARS, OWNER OF THE BUS BEARING
NO. KA-01/D-9124, R/O: W.NO.19,
SMRS BUS SERVICE, NEAR VENKATESHWARA TEMPLE,
PATEL NAGAR, BALLARI-583101.
6.
THE DIVISIONAL MANAGER,
M/S. NATIONAL INSURANCE CO. LTD.,
BALLARI-583101.
…RESPONDENTS
(NOTICE TO R1, R2, R4 AND R5 DISPENSED WITH,
SMT. ANUSHA SANGAMI, AND SRI. S. K. KAYAKMATH, ADV. FOR R3,
SRI. S. V. YAJI ADV. FOR R6).
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 26.06.2018
PASSED IN MVC NO.544/2015 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-V, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 102767 of 2019
C/W MFA No. 103856 of 2018
IN MFA NO. 103856 OF 2018.
BETWEEN:
1.
THE BRANCH MANAGER,
M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD.,
OPP. MAYURA HOTEL, BALLARI, NOW REPRESENTED BY
ITS AUTHORIZED SIGNATORY.
…APPELLANT
(BY SMT. ANUSHA SANGAMI & SRI. S. K. KAYAKMATH, ADVOCATES)
AND:
1.
SMT. PARVATHI @ THIPPAMMA W/O. LATE.
PARAMESHWARAPPA,
AGE: 31 YEARS, OCC: HOUSEWIFE.
2.
MINOR PARJWAL S/O. LATE. PARAMESHWARAPPA,
AGE: 10 YEARS, OCC: STUDENT.
3.
MINOR ANANNYA D/O. LATE. PARAMESHWARAPPA,
AGE: 7 YEARS, OCC: STUDENT.
SINCE APPELLANT NO. 2 and 3 ARE MINORS,
R/BY THEIR M/G NATURAL MOTHER, SMT. PARVATHI @
THIPPAMMA W/O. LATE. PARAMESHWARAPPA.
ALL ARE RESIDENTS OF W. NO. 7, V. V. NAGAR,
SINDHANUR, NOW RESIDING AT WARD NO. 5,
GUGGARATHATTI, BALLARI.
4.
SRI. HONNURAPPA S/O. LATE. HONNURAPPA,
AGE: 63 YEARS, OCC: NOT KNOWN,
R/O: 182, HOSADADAGUR VILLAGE,
MOLAKALMURU TALUK, DIST. CHITRADURGA,
NOW AT WARD NO. 5, GUGGARATHATTI, BALLARI.
5.
SRI. SOMASHEKARA S/O. SANNAPALAIAH
AGE: 38 YEARS, OCC: DRIVER OF THE AUTO RICKSHAW
BEARING REGISTRATION NO. KA-27/A-4497,
R/O: RAMASAGARADAHATTI VILLAGE,
KUDLIGI TALUK, DIST. BALLARI.
6.
SRI. KATAIAH K. G. S/O. GANGANNA
AGED: ABOURT 43 YEARS, OCC: OWNER OF THE AUTO
RICKSHAW BEARING REGISTRATION NO.KA-27/A-4497,
R/O: DONEHALLI, JAGALUR TALUK, DIST: DAVANAGERE.
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MFA No. 102767 of 2019
C/W MFA No. 103856 of 2018
7.
ROSHAN @ ROSHAN JAMEER S/O. ABDUL RAZAK,
AGED: ABOUT 38 YEARS, OCC: DRIVER OF THE BUS
BEARING REGISTRATION NO. KA-01/D-9124,
R/O: 5TH WARD, KOTTUR MAIN ROAD, NEAR GHP
SCHOOL, AZAD NAGAR, KUDLIGI TOWN,
KUDLIGI TALUK, DIST: BALLARI.
8.
T. MYLSAMY S/O. THANGAVEL S.
AGED: ABOUT 48 YEARS, OWNER OF THE BUS BEARING
REGISTRATION NO. KA-01/D-9124,
R/O: W.NO. 19, SMRS BUS SERVICE, NEAR
VENKATESHWARA TEMPLE, PATEL NAGAR, BALLARI.
9.
THE DIVISIONAL MANAGER,
M/S. NATIONAL INSURANCE COMPANY LTD.,
BALLARI.
…RESPONDENTS
(BY SRI. MANJUNATH JADAI, ADV. FOR R1 TO R3,
R2 & R3 ARE MINORS REPT BY R1,
NOTICE TO R4, R5, R6 & R8 SERVED,
NOTICE TO R7 DISPENSED WITH,
SRI. S. V. YAJI ADV. FOR R9).
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 26.06.2018
PASSED IN MVC NO.544/2015 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-V,
BALLARI,
AWARDING
COMPENSATION
OF
RS.
8,94,000/- WITH INTEREST AT 9% P.A FROM THE DATE OF PETITION
TILL ITS PAYMENT.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
S.G.PANDIT, J., DELIVERED THE FOLLOWING:
The above appeals are arising from the judgment
and award dated 26.06.2018 on the file of I Addl. Senior
Civil Judge and Member, MACT-V, Ballari, in M.V.C.
No.544/2015.
The
claimants
are
in
appeal
in
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M.F.A.No.102767/2019
not
being
satisfied
with
the
quantum of compensation awarded by the Tribunal praying
for enhancement of compensation. The insurance
company i.e., Shriram General Insurance Co. Ltd., is
before this Court in M.F.A.No.103856/2018 challenging the
liability saddled on it to pay the compensation.
2.
Heard learned counsel Sri Manjunath Jadai for
claimants, learned counsel Smt. Anusha Sangami, for
Shriram General Insurance Co. Ltd. and learned counsel
Sri S.V. Yaji for National Insurance Co. Ltd. Perused the
appeals papers as well as trial Court records.
3.
The claimants are the wife, children and father
of one Parameshwarappa, filed a claim petition under
Section 166 of Motor Vehicle Act claiming compensation
for the accidental death of Prarameshwarappa in a road
traffic accident that took place on 12.12.2014 involving
bus bearing No.KA-01/D-9124 and auto rickshaw bearing
No.KA-27/A-4497. It is stated that the deceased was
working as Manager at Sri Vihara Dhaba and was earning
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a sum of Rs.12,000/- p.m. It is further stated that the
deceased was aged 35 years. On service of notice, the
insurance companies appeared before the Tribunal and
filed their objection statements denying the claim petition
averments. Shriram General Insurance Company insurer
of auto rickshaw contended that the driver of auto
rickshaw had no valid licence as on the date of accident
and had no permit to ply in Hospete. National Insurance
Company in its statement of objections contended that the
accident took place solely due to the negligence of driver
of auto rickshaw.
4.
Before
the
Tribunal
claimant
No.1
wife
examined herself as PW-1 apart from marking documents
at Exs.P-1 to P-12. Respondents examined RW-1 to RW-3
and marked documents at Exs.R-1 to R-8. The Tribunal
based
on
the
material
on
record,
awarded
total
compensation of Rs.8,94,000/- along with interest at 9%
p.a. While awarding the compensation, the Tribunal
assessed the income of the deceased at Rs.6,000/- p.m.,
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deducted
1/4th
towards
personal
expenses
of
the
deceased and adopted the multiplier 16.
5.
Learned
counsel
Sri
Manjunath
Jadai
for
claimants would submit that the income of the deceased
assessed by the Tribunal is on the lower side. He would
submit
that the
Tribunal has failed to take into
consideration Ex.P-8 salary certificate issued by the
Proprietor of Vihar Dhaba. Learned counsel would further
submit that Ex.P-8 would indicate that the deceased was
getting salary of Rs.12,000/- p.m. but Tribunal ignoring
Ex.P-8, assessed the income of the deceased at Rs.6,000/-
p.m. which is wholly erroneous. Further learned counsel
would submit that the Tribunal erred in not granting
compensation under the head of future prospects.
Learned counsel placing reliance in the case of National
Insurance Company Limited Vs. Pranay Sethi and
others1 would submit that since the deceased was aged
35 years, claimants would be entitled to addition of 40%
1 (2017) 16 SCC 680
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to the assessed income towards future prospects. Learned
counsel would also submit that the claimants are wife,
children and father of the deceased would be entitled for a
sum of Rs.40,000/- each towards spousal, filial and
parental consortium as held by the Hon'ble Apex Court in
the case of Magma General Insurance Company
Limited Vs Nanu Ram2.
6.
Per contra, learned counsel Smt. Anusha
Sangami appearing for Sri S.K. Kayakmath for Shriram
General Insurance Co. Ltd., would submit that the Tribunal
could not have saddled the liability on Shriram General
Insurance Co. Ltd., since the driver of auto rickshaw had
no valid licence as well as no permit as on the date of
accident. Learned counsel would also submit that as the
auto rickshaw had no permit to ply in Hospete, it would be
