The High Court modified the Tribunal's award in a motor vehicle accident case. It held the deceased was 15% contributorily negligent but increased compensation by Rs. 45,200 based on revised income calculations and multiplier application.
Enhanced compensation by Rs. 45,200 with interest at 6% p.a. from the date of petition till realization.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR. JUSTICE C M JOSHI
MISCELLANEOUS FIRST APPEAL NO. 1397 OF 2018 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2479 OF 2016 (MV-D)
IN M.F.A.1397/2018
BETWEEN:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
ALL ARE RESIDING AT PALASANDRA VILLAGE, KORA HOBLI, TUMKUR - 572 122.
…APPELLANTS
(BY SRI. MUSHTAQ AHMED, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.B.PRADEEP., ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH V/O DTD.14.09.2021)
THIS MFA FILED IS U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2016 PASSED IN MVC NO.535/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
AND SESSIONS JUDGE AND MACT., TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
IN M.F.A.2479/2016
BETWEEN:
THE DIVISIONAL MANAGER, CHOLAMANDALAM, GIC LTD., 2ND FLOOR, DARE HOUSE, 2 NSC BOSE ROAD, CHENNAI - 01
NOW REPRESENTED BY ITS LEGAL MANAGER, SR. MANAGER - CLAIMS, CHOLAMANDALAM M.S.GIC LTD, NO.1/2, GOLDEN HEIGHTS, 6TH FLOOR, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR BANGALORE - 10.
(BY SRI. B.PRADEEP,A8DVOCATE)
AND:
…APPELLANT
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
W/O BASAVARAJU K M AGED ABOUT 65 YEARS, ALL ARE R/AT PALASANDRA VILLAGE, KORA HOBLI, TUMKUR - 20
…RESPONDENTS
(BY SRI.MUSHTAQ AHMED, ADVOCATE FOR R1 to 5 R6 SERVED AND UNREPRESNTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2016 PASSED IN MVC NO.535/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT., TUMKUR, AWARDING COMPENSATION OF RS.9,23,800/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, C.M.JOSHI J., DELIVERED THE FOLLOWING:
JUDGMENT
By the consent of learned counsel for both the side, the
matters are taken up for final disposal, though they are posted
for Admission.
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
Being aggrieved by the judgment and award dated 06.01.2016 passed in MVC No.535/2013 by the learned I- Additional District and Sessions Judge and MACT, Tumkur, whereby the petition filed by the petitioners came to be allowed in part and a sum of Rs.9,23,800/- together with interest at 8% p.a., has been awarded as compensation, the petitioners herein have preferred MFA No.1397/2018 seeking enhancement of compensation and Insurance Company has preferred MFA No.2479/2016 seeking to set aside the same by urging various grounds .
nomenclature before the Tribunal for the sake of convenience.
3. The brief facts of the case are as below;
That on 13.10.2012 at 8.40 p.m. Muddarangaiah was proceeding on his motor bike bearing Regn.No.KA.06.EA.8578 from Tumakuru towards Palasadra on N.H.4 service road infront of tiles Factory, a lorry bearing Regn.No.KA.06.D.5555 was parked on the road without any parking signal and suddenly he took the said lorry in reverse, as a result hit the motor cycle on
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
which Muddarangaiah was proceeding. As a result, he fell down and sustained fatal injuries. Immediately, he was shifted to General Hospital, Tumakuru, from there to NIMHANS Bangalore, at NIMHANS he succumbed to the injuries on 19.10.2012.
It is further case of the petitioners that they are the legal representatives of deceased Muddarangaiah and they have spent money towards medical expenses and incidental charges. It is further contended that deceased Muddarangaiah was very hale and healthy and he was aged about 48 years and earning Rs.40,000/- per month by doing agriculture and areca business and because of the untimely death of Muddarangaiah petitioners have sustained loss. It is also contended that, 1st respondent is the owner of the lorry and 2nd respondent is the insurer of the lorry and therefore both of them are jointly and severally liable to pay the compensation and prayed for compensation of Rs.50,00,000/- with interest at 12% P.A. till realization.
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
of accident and therefore, she is not liable to pay the compensation and prayed to dismiss the petition.
C/W MFA No. 2479 of 2016
consideration and after hearing the parties and considering the oral evidence of PWs.1 and 2 and RW1 and documentary evidence of Exs.P1 to P11 and Exs. R1 to 3, allowed the petition
in part and awarded a sum of Rs.9,23,800/- together with interest at 8% p.a. under different heads as below:
| Loss of dependency | Rs.7,48,800/- |
|---|---|
| Conveyance | Rs. 10,000/- |
| Funeral expenses | Rs. 25,000/- |
| Loss of consortium | Rs. 50,000/- |
| Loss of estate | Rs. 10,000/- |
| Loss of love and affection | Rs.80,000/- |
| Total | Rs.9,23,800/- |
and Insurance Company have approached this Court in MFA No.1397/2018 and MFA No.2470/2016, respectively.
MFA No. 1397 of 2018
claimants and the learned counsel Sri. B. Pradeep appearing for the Insurance Company.
C/W MFA No. 2479 of 2016
rider of the motorcycle. Therefore, the learned counsel appearing for the appellant-Insurance Company submits that contributory negligence of the rider of the motorcycle has to be considered by the Court.
rider of the motorcycle was slow in his approach towards lorry, he could have seen the lorry coming in reverse and would have
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
avoided the accident. In that view of the matter, the actionable negligence on the part of the rider of the motorcycle cannot be obviated. Considering these facts, we are of the view that there is also contributory negligence on the part of the rider of the motorcycle i.e. the deceased. If the deceased was slow in his approach towards lorry, the slow moving lorry could have been avoided. Under these circumstances, we hold that the deceased had contributed to the accident to the extent of 15% towards actionable negligence and the lorry driver had contributed 85% towards negligence. The lorry driver should have anticipated that, vehicles are coming from behind as it was a service road by the side of the Highway and therefore, higher negligence has to be attributed to the lorry driver.
MFA No. 1397 of 2018
view of the decision of the Hon’ble Apex Court in the case of National National Insurance Company Limited Vs. Pranay Sethi and others1 , the future prospects have to be calculated at 25%.
1 AIR 2017 SC 5157
MFA No. 1397 of 2018
and loss of consortium each to the petitioners are entitled for a sum of Rs.40,000/- in view of the decision of the Hon’ble Apex
Court in the case of Magma General Insurance Company
Limited Vs Nanu Ram @ Chuhru Ram and others2 and as such, sum of Rs.2,00,000/- is awarded under the said head.
2 2018 SCC ONLINE SC 1546
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
| Loss of dependency | Rs.9,10,000/- |
|---|---|
| Loss of love and affection and |
Rs.2,00,000/- |
| consortium | |
| Funeralexpenses | Rs. 15,000/- |
| Loss ofestate | Rs. 15,000/- |
| Conveyance | Rs. 10,000/- |
| Total | Rs.9,23,800/- |
| Less: 15% negligence | Rs.1,71,000/- Rs.9,69,000/- |
| Less: awarded by the Tribunal | Rs.9,23,800/- |
| Enhancement | Rs. 45,200/- |
with interest at 6% p.a. from the date of petition till its realization.
ORDER
(i) M.F.A.No.1397/2018 filed by the claimants and
M.F.A.No.2479/2016 filed by the Insurance Company are allowed in part.
(ii) The impugned judgment and award dated 06-012016 passed in MVC No.535/2013 by the Tribunal is modified fixing 15% contributory negligence on the part of the deceased
MFA No. 1397 of 2018
C/W MFA No. 2479 of 2016
and awarding enhanced compensation of Rs.45,200/- with interest at 6% p.a. from the date of petition till its realization.
(iii) The conditions of apportionment and deposit as ordered by the Tribunal remain unaltered.
(iv) Insurance Company is directed to deposit the compensation amount with interest within four weeks from the date of receipt of the copy of this order.
(v) The amount in deposit, if any, in MFA No.2479/2016 shall be transmitted to the jurisdictional Tribunal forthwith.
Sd/JUDGE
Sd/JUDGE
tsn/yan
List No.: 2 Sl No.: 17
3 issues framed by the court
Whether the Motor Vehicles Tribunal erred in ignoring the contributory negligence of the deceased rider when determining the quantum of compensation?
What is the correct method for calculating loss of dependency based on the notional income and multiplier?
Whether the compensation awarded by the Tribunal should be enhanced to account for the difference in calculation guidelines?
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi and othersFollowed¶16
National Insurance Company Limited Vs. Pranay Sethi and others
Magma General Insurance Company Limited Vs. Nanu Ram and othersFollowed¶18
Magma General Insurance Company Limited Vs. Nanu Ram @ Chuhru Ram and others
1 provisions across 1 enactments
GANGASIDDAMMA
GANGAMBIKE K M
DINESH K M
BASAVARAJU K M
JAYAMMA
CHOLAMANDALAM MS GENERAL INSURANCE CO LTD.
C M JOSHI
K SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
