Partly allowed

The National Insurance Co.Ltd., v. Shri.Kallappa S/O. Rachappa Kamate

Karnataka HC19 Sept 2024MFA/103865/2019

Case brief

AI extract

What is this about?

The High CourtAllowed the first miscellaneous appeal partly and dismissed the appellant insurance company's appeal. The court enhanced the compensation award from Rs.11,72,400 to Rs.15,73,700 by adjusting income calculation, awarding consortium, and fixing future prospects. Interest was directed at 6% per annum.

What did the court decide?

Total compensation enhanced to Rs.15,73,700 with 6% interest per annum from date of petition till realization, to be paid by the insurance company.

The National Insurance Co.Ltd., Vs… — Child Custody and Guardianship | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 101909 OF 2023 C/W MISCELLANEOUS FIRST APPEAL NO. 103865 OF 2019

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IN MFA NO.101909/2023

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BETWEEN:

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SHRI. KALLAPPA S/O. RUDRAPPA KAMATE, AGE: 64 YEARS, OCCUPATION: NOW NIL, R/O: DAMBAL PLOT, NEAR LIC OFFICE, CHIKODI-591 313 TALUKA: CHIKODI, DISTRICT: BELAGAVI.

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SMT. SUMITRA W/O. KALLAPPA KAMATE, AGE: 56 YEARS, OCCUPTATION: HOUSEHOLD, R/O: DAMBAL PLOT, NEAR LIC OFFICE, CHIKODI – 591 201

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TALUKA: CHIKODI, DISTRICT: BELAGAVI.

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…APPELLANTS

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(BY SMT. SUNANDA P. PATIL, ADVOCATE)

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AND:

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BHARATHI H M

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HIGH COURT OF KARNATAKA

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SHRI. CHIDANAND S/O. SURESH HALLOLI, AGE: 40 YEARS, OCCUPATION: BUSINESS, R/O: A/P MULE - 591 304. TALUKA: ATHANI, DISTRICT: BELAGAVI.

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SHRI. SADASHIV S/O. SURESH HALLOLI, AGE: 35 YEARS, OCCUPATION: DRIVER, R/O: A/P MULE - 591 304. TALUKA: ATHANI, DISTRICT: BELAGAVI.

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THE NATIONAL INSURANCE COMPANY LTD, THROUGH DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI - 590 001.

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…RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1 AND R2; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R3)

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NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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THIS MFA FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYS TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 05.08.2019 IN MVC NO.2378/2017 PASSED BY THE X ADDITIONAL DISTRICT JUDGE & MEMBER OF ADDITIONAL MACT, BELAGAVI AND ENHANCE THE COMPENSATION FROM RS.11,72,400/- TO RS.20,00,000/- TO THE APPELLANTS IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.103865/2019 BETWEEN:

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THE NATIONAL INSURANCE CO.LTD., THROUGH DIVISIONAL MANAGER, RAMDEV GALLI, BELGAVI, REP.BY AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. S.K. KAYAKAMATH, ADVOCATE)

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AND:

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SHRI. KALLAPPA S/O. RACHAPPA KAMATE, AGE : 60 YEARS, OCC: PVT.SERVICE, R/O: DAMBAL PLOT, NEAR L.I.C.OFFICE, TALUK: CHIKKODI-591201 DIST: BELAGAVI.

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SMT. SUMITRA W/O. KALLAPPA KAMATE, AGE: 52 YEARS, OCC: HOUSE WIFE, R/O: DAMBAL PLOT, NEAR L.I.C.OFFICE, TALUK: CHIKKODI – 591201 DIST: BELAGAVI.

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SHRI. CHIDANAND S/O. SURESH HALLOLI, AGE: MAJOR, OCC: BUSINESS, R/O: A/O.MULE, TQ: ATHANI - 591304 DIST: BELAGAVI.

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SHRI. SADASHIV S/O. SURESH HALLOLI, AGE: MAJOR, OCC: BUSINESS, R/O: A/P: MULE, TQ: ATHANI-591304 DIST : BELAGAVI.

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…RESPONDENTS (BY SMT. SUNANDA P. PATIL, ADVOCATE FOR R1 AND R2; SRI. HARISH S. MAIGUR, ADVOCATE FOR R3 AND R4)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYS TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.08.2019 PASSED IN MVC NO.2378/2017 BY

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3 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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THE COURT OF X ADDITIONAL DISTRICT JUDGE AND ADDL. M.A.C.T., BELAGAVI BY ALLOWING THE INSTANT APPEAL, WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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MFA.No.101909/2023 is filed by claimants seeking enhancement of compensation awarded in MVC.No.2378/2017, dated 5.08.2019, passed by X Addl. District and Sessions Judge and Additional MACT, Belagavi ( for short, ‘Tribunal’).

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MFA.No.103865/2019 is filed by Insurance

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Company, challenging quantum of compensation awarded by Tribunal in MVC.No.2378/2017, dated 5.08.2019.

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Brief facts of claimants’ case are as under:

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That on 7.07.2017 at 10.00 p.m. once Mr.Sadashiv Suresh Holloli being a driver of Bolero vehicle bearing Reg. No.KA-23/A-6221 drove on National Highway-63 from Yellapura to Ankola in high speed, rash and negligent manner and near Hebbol village, the driver lost his control and balance while negotiating with curve road, due to over

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4 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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speed and as a result he dashed Bolero vehicle against road side bridge and then said vehicle fell into road side ditch. The deceased Bharma Kallappa Kamate, who was traveling in the said Bolero died instantaneously at the spot. The deceased Bharma field petition claiming compensation. The Tribunal after recording evidence and appreciating evidence on record has awarded compensation as under:

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1	Loss of dependency	11,42,400/-
2	Loss of estate	15,000/-
3	Funeral Expenses	15,000/-
	Total	11,72,400/-

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Being dissatisfied, claimants filed appeal seeking enhancement of compensation awarded by Tribunal and Insurance Company filed appeal challenging quantum of compensation and also it’s liability stating that there is no transport endorsement on the driving license and violated policy conditions.

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Learned counsel for the claimants contended that Tribunal has not awarded consortium and has taken income of deceased at Rs.8,000/-. However, as per the chart

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5 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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prepared by Legal Service Authority, notional income fixed for the year 2017 is Rs.10,250/- and the Tribunal ought to have taken the said income. With this, she prayed to allow the appeal.

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Learned counsel for Insurance Company would fairly submit that in view of decision of the Hon’ble Apex Court in the case of Mukund Dewangan V/s. Oriental Insurance Company Limited, reported in AIR 2008 SC 614, contention of learned counsel for claimants regarding driving license does not survive. He further contended that compensation awarded by the Tribunal is just and proper. With this, he prayed to dismiss the appeal of claimants and allow the appeal of Insurance Company.

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Having heard learned counsel for claimants and Insurance Company and perused impugned judgment, Trial Court records and also material placed on record.

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The Tribunal has taken the income of the deceased at Rs.8,000/- per month. The accident has occurred in the year 2017 and as per the chart prepared for Lok Adalat by the Legal Services Authority, notional income

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6 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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fixed for the year 2017 is Rs.10,250/- per month. The Tribunal ought to have taken the said notional income of Rs.10,250/- per month. Tribunal has rightly added 40% towards future prospects. The multiplier applicable is 17. As the deceased was a bachelor and he left behind his parents, who are the claimants, deductions towards personal expenses of the deceased are to be taken at 50% of his income. In view of the same, the loss of dependency would come to Rs.14,63,700/(Rs.10,250/-+40% (4,100)=14,350/minus 50%=7,175/-x12x17). The Tribunal has not awarded compensation under the head consortium to the claimants. The claimants being the parents of the deceased are entitled to consortium in a sum of Rs.80,000/- (Rs.40,000x2). Compensation awarded by Tribunal under the head of loss of estate and Funeral expenses remains unaltered.

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In view of above, claimants are entitled for compensation as under:

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7 - NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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1	Loss of dependency	14,63,700/-
2	Consortium	80,000/-
3	Loss of estate	15,000/-
4	Funeral Expenses	15,000/-
	Total	15,73,700/-

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In the result, the following

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ORDER

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MFA.No.103865/2019 is dismissed and

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MFA.No.101909/2023 is allowed in part.

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Claimants are entitled to total compensation of Rs.15,73,700/- with interest at 6% per annum from the date of petition till realization. The respondent/insurance company is liable to pay the entire compensation amount with interest to the claimants within a period of six weeks from the date of receipt of certified copy of this judgment failing which liable to pay interest at the rate of 9% p.a.

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The Claimants are not entitled to interest for delayed period of 518 days in filing the appeal.

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NC: 2024:KHC-D:13470 MFA No. 101909 of 2023 C/W MFA No. 103865 of 2019

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The Claimants are entitled for release of entire amount

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of compensation.

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Amount in deposit by the Insurance Company before this Court is ordered to be transmitted to the Tribunal.

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Draw award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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VB CT:ANB/List No.: 1 Sl No.: 30

The National Insurance Co.Ltd., v. Shri.Kallappa S/O. Rachappa Kamate

Case brief

What is this about?

What did the court decide?

The National Insurance Co.Ltd., v. Shri.Kallappa S/O. Rachappa Kamate

Case brief

What is this about?

What did the court decide?

What the court decided

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