Partly allowed

The Managing Director v. Manjappa S/O. Bhimappa Basavanayakar

Karnataka HC14 Dec 2023MFA/100031/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the insurance company's appeal against compensation in a motor vehicle accident case. The Court upheld the Tribunal's finding of the bus driver's negligence, applying Supreme Court precedents to enhance the concession amount to Rs.6,01,00/-.

What did the court decide?

Compensation enhanced to Rs.6,01,000/- with interest at 6% p.a.; insurance company directed to deposit within eight weeks.

The Managing Director Vs Manjappa S/O. Bhimappa Basavanayakar — Insurance | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 14^TH DAY OF DECEMBER 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

¶7

MISCELLANEOUS FIRST APPEAL NO. 100032 OF 2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 100031 OF 2019 (MV-D)

¶8

IN MFA NO. 100032 OF 2019:

¶9

BETWEEN:

¶10

THE MANAGING DIRECTOR, NWKRTC AND SELF INSURANCE FUND, ITS BRANCH OFFICE, NEAR RTO OFFICE, P.B. ROAD, HAVERI-581110, R/BY DULY CONSTITUTED AUTHORITY AND CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICE, HUBBALLI.

¶11

… APPELLANT

¶12

(BY SRI. M.K. SOUDAGAR, ADVOCATE)

¶13

Digitally signed by SUJATA SUBHASH PAMMAR

¶14

AND:

¶15

MANJAPPA S/O BHIMAPPA BASAVANAYAKAR, AGE: 40 YEARS, OCC: AGRICULTURE WORK, R/O. MELLIGATTI, TAL: SAVANUR, DIST: HAVERI-581111.

¶16

DRAKSHAYANI W/O MANJAPPA BASAVANAYAKAR AGE: 34 YEARS, OCC: HOUSEHOLD, R/O. MELLIGATTI, TAL: SAVANUR, DIST: HAVERI-581111.

¶17

… RESPONDENTS

¶18

(BY SRI. HANAMANT R. LATUR, ADVOCATE FOR R1 & R2)

¶19

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.09.2018 PASSED

¶20

¶21

NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶22

IN MVC NO.31/2017 (OLD MVC NO.695/2017) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, AWARDING COMPENSATION OF RS.6,10,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION.

¶23

IN MFA NO.100031 OF 2019:

BETWEEN:

… APPELLANT

(BY SRI. M.K. SOUDAGAR, ADVOCATE)

¶28

AND:

¶29

MANJAPPA S/O BHIMAPPA BASAVANAYAKAR, AGE: 40 YEARS, OCC: AGRICULTURE WORK, R/O. MELLIGATTI, TAL: SAVANUR, DIST: HAVERI-581111.

¶30

… RESPONDENT

¶31

(BY SRI. HANAMANT R. LATUR, ADVOCATE)

¶32

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.09.2018 PASSED IN MVC NO.30/2017 (OLD MVC NO.694/2017) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIGGAON, AWARDING COMPENSATION OF RS.10,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT.

¶33

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶34

¶35

NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶36

JUDGMENT

¶37

These two appeals are filed by the insurance

¶38

company questioning the entire rashness and negligence attributed on the driver of the bus and also to reduce the quantum of compensation.

¶39

Heard the arguments and perused the material

¶40

placed on record.

¶41

In this case, the factum of accident, death of

¶42

deceased in the said accident and coverage of insurance are not in dispute.

¶43

In the present case the deceased was riding the motorcycle along with minor daughter of 5 years and his wife as a pillion rider. The driver of the bus has given hand signal to the deceased to overtake the bus, but in that process, the driver of the bus has suddenly taken the bus towards right-side. Therefore, the right-side front portion of the bus dashed the motorcycle. Due to which, the minor girl died in the accident.

¶44

4 - NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶45

The tribunal has correctly appreciated the evidence on record in this regard and therefore, there is no error found in the submission made by the learned counsel for the appellant that the deceased has attributed contributory negligence. Therefore, the tribunal is correct in holding that the driver of the bus was completely rash and negligent in driving the bus and caused accident. Therefore, the appeal of the insurance company is liable to be dismissed .

¶46

In MFA No.100032/2019

¶47

In the present case, the deceased is 12 years old minor boy. As per the judgment of Hon’ble Supreme Court in the case of Kishan Gopal and another vs. Lala and others¹ , the annual income would be taken at Rs.30,000/- and the multiplier holding according to the age of the younger parents who is 32 years old. Therefore,

¶48

1 (2014)1 SCC 244

¶49

5 - NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶50

the appropriate applicable multiplier is 16. The loss of

¶51

dependency is awarded as Rs.30,000 X 16 = 4,80,000/-.

¶52

In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi supra , the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.88,000/- (Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

¶53

Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

¶54

Thus, the claimants would be entitled for compensation under various heads as under:

¶55

6 - NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶56

Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency (Rs.30,000 x 16)	4,80,000
2.	Towards loss of consortium (40,000 x 2+10%)	88,000
3.	Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%)	33,000
	Total:	6,01,000

¶57

Therefore, the claimants are entitled for compensation of Rs.6,01,000/- as against what has been awarded by the tribunal along with interest at the rate of 6% p.a. from the date of filing of the petition till realization. The insurance company is directed to deposit the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶58

In the result, I proceed to pass the following:

¶59

ORDER

¶60

i) MFA No.100031/2019 is dismissed . ii) MFA No.100032/2019 is allowed in part.

¶61

7 - NC: 2023:KHC-D:14685 MFA No. 100032 of 2019 C/W MFA No. 100031 of 2019

¶62

iii) The judgment and award passed in MVC No.31/2017, dated 22.09.2018, by the Senior Civil Judge and JMFC, Shiggaon, stands modified.

¶63

iv) The claimants are entitled for total compensation of Rs.6,01,000/- as against what has been awarded by the tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.

¶64

v) The amount in deposit shall be transmitted to the tribunal.

¶65

vi) No order as to costs.

¶66

vii) Draw award accordingly.

¶67

SD/JUDGE

¶68

SSP

¶69

List No.: 5 Sl No.: 18

The Managing Director v. Manjappa S/O. Bhimappa Basavanayakar

Case brief

What is this about?

What did the court decide?

The Managing Director v. Manjappa S/O. Bhimappa Basavanayakar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

S. M. Lingaraj S/O S.V. Manikkayappa Vs a. Kumar S/O Bheerendra Singh

The Divisional Controller, Vs Smt.Geeta W/O Venkatesh Lamani

Tatu Balasaheb Gayakwad Vs the Special Land Acquisition

Mutti Vs Kucharu

Annappa Prabhu Kamate Vs the Manager

Yallawwa W/O Satalingappa Kurbet Vs Govindappa H. Annigeri