Allowed

The Divisional Manager, v. Smt. Pushpa W/O Nagaraj Chakki

Karnataka HC14 Oct 2019MFA/23574/2011

Case brief

AI extract

What is this about?

The Karnataka High Court allowed the insurance company's appeal in part, reducing the compensation awarded in a motor accident case. The court recalculated the total compensation from Rs.2,99,000 to Rs.2,50,250 based on precedents regarding loss of dependency, estate, and funeral expenses.

What did the court decide?

Compensation reduced to Rs.2,50,250 with interest at 6% p.a. from date of petition till realization; earlier interlocutory application rejected.

The Divisional Manager, Vs Smt. Pushpa W/O… — Execution and Attachment | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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MFA No.23574/2011 (MV-D)

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Between:

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The Divisional Manager, United India Insurance Co. Ltd., Moktali Building, Opp: KSRTC Bus Stand, Haveri, Rep. through its Divisional Office, Enkay Complex, Keshwapur, Hubli, Rep. by its Divisional Manager.

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… Appellant

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(By Shri N.R.Kuppellur, Advocate)

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And:

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Smt.Pushpa W/o.Nagaraj Chakki, Age 28 years, Occ: Household work, R/o: Kuravatti, Tq: Hadagali, Dist: Ballari.

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Smt.Neelawwa W/o.Chandrappa Kunasanahalli, Age 26 years, Occ: Household work, R/o.: Aladakatti, Tq. & Dist.: Haveri.

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… Respondents

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(By Shri M.M. Khannur, Advocate for R1 & R2)

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This MFA is filed under Section 173(1) of M.V. Act, 1988 against the judgment and award dated 30.12.2010, passed in MVC No.8/2010 on the file of the Senior Civil Judge and Member, Addl.MACT, Haveri, awarding the compensation of Rs.2,99,000/- with interest at the rate of 6% p.a. from the date of petition till realization.

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This appeal coming on for orders regarding hearing on interlocutory applications, this day, the Court delivered the following:

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JUDGMENT

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This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 30^th December 2010, passed by the Senior Civil Judge and AMACT, Haveri (for short “the Tribunal”) in MVC No.8/2010, whereby the tribunal had awarded compensation of Rs.2,99,000/- with interest at the rate of 6% p.a. in favour of the claimants.

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The brief facts of the case are that on 24.08.2008 at about 1:00 p.m. the deceasedSusheelavva and other passengers were traveling in a auto-rickshaw bearing registration No.KA-27/8062 from Kabbur to Haveri. The driver of the said autorickshaw driving the same in a rash and negligent manner and when he came near Devihosur cross on Hosalli-Haveri road, he lost control over the vehicle; as a result, the deceased pull on the road and tyre of

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the said auto-rickshaw was gone over the head of the deceased. Due to the said accident, the deceased lost her breath at the spot. The claimants who are daughters of the deceased-Susheelavva filed claim petition before the tribunal in MVC No.8/2010.

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In order to establish their case, they have examined one witnesses and marked 8 documents. On the other hand, the Insurance Company has examined

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one witness and marked one document. On appreciation of the oral and documentary evidence, the tribunal has awarded compensation of Rs.2,99,000/- with interest at 6% p.a. from the date of petition till realization. Being aggrieved by the same, the appellant-Insurance Company has filed this appeal.

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Learned counsel for the appellantInsurance Company contended that PW1 in her deposition has categorically admitted that the claimants are not depending upon the deceased, since

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they are not dependents. Hence, the tribunal has wrongly awarded compensation of Rs.2,64,000/towards loss of dependency. Hence, he sought for allowing the appeal.

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Per contra, the learned counsel for the claimants contended that in chief examination of PW1, she has specifically stated that they are depending upon the income of the deceased. He further contended that the tribunal has taken the income of the deceased at Rs.3,000/-, which is on the lower side and the same needs to be enhanced. Further, the compensation awarded towards loss of love and affection is on the lower side and the same requires to be enhanced. Hence, he sought for dismissal of the appeal filed by the appellant-Insurance Company.

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Heard the learned counsel for the parties

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and perused the records.

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It is not in dispute that the deceasedSusheelavva died in the accident, which occurred on

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24.08.2008 due to rash and negligent driving by the driver of the auto-rickshaw bearing registration No.KA-27/8062. The claimants are the daughters of deceased-Susheelavva and they are married and living separately in their matrimonial home. In the crossexamination of PW1, it is specifically stated that “£ÀªÀÄä UÀAqÀA¢gÉÃ £ÀªÀÄUÉ zÀÄrzÀÄ ºÁPÀÄwÛzÁÝgÉ JAzÀgÉ ¸Àj. The tribunal while awarding compensation towards loss of dependency has not considered the evidence of PW1. In view of categorical admission of PW1, the compensation awarded by the Tribunal towards loss of dependency is unsustainable.

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The claim of the claimants that the

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deceased was earning a sum of Rs.8,000/- per months by doing milk vending business and coolie work, but the claimants have not established the same by producing any cogent documents. In this circumstance, the Tribunal has left with no option but to assess the notional income of the deceased at

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Rs.3,000/- per month, which is on the lower side. Further, the compensation of Rs.10,000/- awarded towards loss of estate is on the lower side. Therefore, this court while awarding compensation towards loss of estate, taken the income of the deceased at Rs.4,250/-, which is as per the chart of Lok Adalath to the unskilled labourers for the year 2008. Accordingly, the loss of estate would be recalculated as under:

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Rs.4,250/- x ¼ x 12 x 11 = Rs.1,40,250/-

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Further, the compensation of Rs.10,000/awarded towards loss of love and affection is on the lower side and as per the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd., vs. Nanu Ram and others reported in 2018 ACJ 2782 , the claimants who are daughters are entitled to Rs.40,000/- each towards loss of love and affection. Accordingly, a sum of Rs.80,000/instead of Rs.10,000/is awarded towards loss of love and affection. Further, the

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tribunal has awarded a sum of Rs.15,000/- towards funeral and transportation expenses, which is on the lower side and as per the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd., vs. Pranay Sethi and others reported in AIR 2017 SC 5157, the claimants are entitled to a sum of Rs.30,000/under this head. Therefore, the compensation awarded by the Tribunal is reassessed as under:

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