Partly allowed

National Insurance Co. Ltd., v. Rekha W/O. Shivaputra Kamble

Karnataka HC6 Dec 2022MFA/100789/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the insurer's appeal in part, reducing motor accident compensation from Rs.16,67,000 to Rs.15,55,200 after adjusting for personal expenses and correcting the multiplier applied for a 27-year-old deceased.

What did the court decide?

Compensation reduced from Rs.16,67,000 to Rs.15,55,200 to be paid by the insurer with interest at 6% per annum.

National Insurance Co. Ltd., Vs Rekha W/O… — Motor Accident Claims | Karnataka HC (2022)

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MFA No. 100789 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.NATARAJ

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MISCELLANEOUS FIRST APPEAL NO. 100789 OF 2014 (MV)

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BETWEEN:

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NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER RAMDEV GALLI, BELGAUM R/BY NATIONAL INSURANCE CO.LTD REGIONAL OFFICE, 2^ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBLI-580023, R/BY ITS DEPUTY MANAGER

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(BY SRI. RAVINDRA R MANE, ADVOCATE)

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AND:

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REKHA W/O. SHIVAPUTRA KAMBLE AGE: 28 YEARS, OCC: HOUSEHOLD WORK R/O. UGAR KH, TQ: ATHANI DIST: BELGAUM

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KUMAR YUVARAJ S/O. SHIVAPUTRA KAMBLE DECEASED, R1 IS THE LEGAL REPRESENTATIVE OF R2

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KUMARI NANDINI D/O. SHIVAPUTRA KAMBLE AGE: 07 YEARS, OCC: STUDENT SINCE MINOR R/BY HIS NATURAL GUARDIAN MOTHER, RESPONDENT NO.1. R/O. UGAR KH, TQ: ATHANI DIST: BELGAUM

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…APPELLANT

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MFA No. 100789 of 2014

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KUMAR PREM S/O. SHIVAPUTRA KAMBLE AGE: 05 YEARS, OCC: STUDENT SINCE MINOR R/BY HIS NATURAL GUARDIAN MOTHER, RESPONDENT NO.1. R/O. UGAR KH, TQ: ATHANI DIST: BELGAUM

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CHIDANAND S KAMBLE AGE: 60 YEARS, OCC: NOW NIL R/O. UGAR KH, TQ: ATHANI, DIST: BELGAUM

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CHAMPAWWA W/O. CHIDANAND KAMBLE AGE: 58 YEARS, OCC: HOUSEHOLD WORK R/O. UGAR KH, TQ: ATHANI DIST: BELGAUM

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DHAREPPA S/O. LAXMAN NYAMAGOUDAR

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AGE: MAJOR, OCC: BUSINESS R/O. UGAR KH, TQ: ATHANI DIST: BELGAUM (OWNER OF TRUCK BEARING NO.KA-25/A-0294)

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…RESPONDENTS

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(BY SRI. HARISH S MAIGUR, ADV., FOR R1 & R3 TO R6; R2 DEAD R1 IS LEGAL REPRESENTATIVE OF R2; R7 – NOTICE SERVED)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DTD:09.10.2013, PASSED IN MVC.NO.904/2011 BY THE 5^TH ADDITIONAL DISTRICT JUDGE AND 6^TH ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, BELGAUM BY ALLOWING THIS APPEAL.

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THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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MFA No. 100789 of 2014

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JUDGMENT

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This appeal is filed by the insurer challenging the quantum of compensation awarded by the V-Additional District Judge and VI-Additional M.A.C.T., Belgaum (for short “the Tribunal”) in MVC No.904/2011.

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The claimants are the dependant legal heirs of Shivaputra Kamble, who was run over by a truck bearing registration No.KA-25/A-0294 (henceforth referred to as “offending vehicle”) on 11.04.2011 when he was walking on Ugar KH - Kudachi road. The claimants claimed that the deceased was earning Rs.200/- per day and they were deprived of the financial and emotional support of the deceased and hence filed a claim petition under section 166 of the Motor Vehicles Act, 1988.

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The owner of the offending vehicle claimed that the accident was due to the negligence of the deceased. The insurer opposed the claim petition and denied the averments made therein.

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Based on the oral and documentary evidence, the Tribunal held that the accident was due to rash and negligent

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MFA No. 100789 of 2014

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driving by the driver of the offending vehicle. It held that the claimant was earning a monthly income of Rs.6,000/- and without deducting towards the personal living expenses, applied the maximum multiplier ‘18’ and awarded the following compensation.

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HEAD	AMOUNT (in Rs.)
Loss of dependency	10,36,800/-
Funeral expenses	25,000/-
Transportation of dead body	5,000/-
Loss of parental consortium (claimants 2 to 4)	3,00,000/-
Loss of spousal consortium	1,00,000/-
Loss of estate	1,00,000/-
Loss of filial (claimants 5 and 6) Rs.50000 x 2	1,00,000/-
Total	16,66,800/-
Rounded of	16,67,000/-

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It directed the insurer of the offending vehicle to

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pay the compensation along with interest @ 8% per annum.

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Being aggrieved by the same, the present appeal is filed.

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The learned counsel for the insurer submitted that

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the tribunal committed an error in not deducting the personal and living expenses of the deceased and also in applying maximum multiplier ‘18’ though the deceased was aged 27 years.

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MFA No. 100789 of 2014

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7. Learned counsel for the claimants contended that

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the Tribunal did not consider the loss of future prospects and failed to award adequate compensation to compensate the loss of spousal and parental consortium.

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In view of the fact that the deceased was aged 27 years, the Tribunal ought to have applied multiplier ‘17’. It also ought to have factored the loss of future prospects and must have dedicated 1/4^th of the notional income towards personal and living expenses of the deceased. If the above facts are taken into consideration the compensation determined by the Tribunal deserves to be re-determined as follows:

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HEAD	AMOUNT (in Rs.)
Loss of dependency (Rs.6,000 +40% x 3/4th x 12 x 17)	12,85,000/-
Funeral expenses and Loss of estate	30,000/-
Loss of parental consortium (claimants 2 to 4)	1,20,000/-
Loss of spousal consortium	40,000/-
Loss of filial consortium	80,000/-
Total	15,55,200/-

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In view of above, the appeal filed by the insurer is

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allowed in part and the compensation of Rs.16,67,000/awarded by the Tribunal is reduced to a sum of Rs.15,55,200/-, which is payable by the insurer of the offending vehicle along

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MFA No. 100789 of 2014

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with interest @6% per annum from the date of petition till the date of deposit.

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The registry is directed to transfer the amount in deposit along with accrued interest to the Tribunal for necessary orders.

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The insurer of the offending vehicle shall deposit the balance compensation and interest before the Tribunal, if not already done, within a period of one month from the date of receipt of a certified copy of this judgment.

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Upon such deposit, the compensation and interest shall be apportioned between the claimants in the same manner as is done by the Tribunal in MVC No.904/2011. Likewise, the compensation shall be deposited in the names of the claimants as directed by the Tribunal for a period of three years.

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Sd/JUDGE

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YAN List No.: 1 Sl No.: 22

National Insurance Co. Ltd., v. Rekha W/O. Shivaputra Kamble

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd., v. Rekha W/O. Shivaputra Kamble

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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