Partly allowed

The Divisional Manager v. Prakash Basappa Alagodi

Karnataka HC5 Sept 2024MFA/20596/2013

Case brief

AI extract

What is this about?

Insurer appealed against motor accident compensation awards in a fatal case and an injury case arising from the same collision with a Maruti van. The High Court enhanced loss of consortium and other conventional amounts in the death case, reduced disability-based future income and non-pecuniary heads in the injury case, added laid-up period loss, and modified both awards.

What did the court decide?

Death case claimants granted Rs.8,59,000/- with 6% interest; injured claimant granted Rs.7,71,626/- with 6% interest, payable within six weeks failing 9% interest.

The Divisional Manager Vs Prakash Basappa Alagodi — Insurance | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^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. 20595 OF 2013 C/W MISCELLANEOUS FIRST APPEAL NO. 20596 OF 2013

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IN MFA NO.20595/2013 BETWEEN:

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO, LTD. REP: THE DEPUTY MANAGER, NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE, KESUGAL ROAD, HUBLI.

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…APPELLANT

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

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AND:

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SMT. BASAVANNEVVA W/O. BASAPPA ALAGODI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O : KALLAPUR SHIRASANGI, TAL : SAUDATTI, DIST: BELGAUM.

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BHARATHI H M

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HIGH COURT OF KARNATAKA

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SHRI. KALLAPPA BASAPPA ALAGODI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: KALLAPUR SHIRASANGI, TAL:SAUDATTI, DIST: BELGAUM.

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SHRI. LAXMAN S/O. BASAPPA ALAGODI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: KALLAPUR SHIRASANGI, TAL : SAUNDATTI, DIST: BELGAUM.

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SHRI. PRAVEEN S/O. BASAPPA ALAGODI, AGE: 39 YEARS,OCC: AGRICULTURE, R/O: KALLAPUR SHIRASANGI, TAL: SAUDATTI, DIST: BELGAUM.

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SHRI. PRAKASH S/O. BASAPPA ALAGODI, AGE: 39 YEARS,OCC:AGRICULTURE, R/O:KALLAPUR SHIRASANGI, TAL : SAUDATTI, DIST: BELGAUM.

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SHRI. MURAGESH KALAKAPPA HARTI, AGE: MAJOR, OCC: BUSINESS,

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2 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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R/O: YAMANPETH, RAMDURG, TAL : RAIBAG, TAL:RAIBAG, DIST: BELGAUM.

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…RESPONDENTS

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(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1 TO R5; R6-SERVED)

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THIS MFA FILED U/SEC.173(1) OF MV ACT, PRAYS TO CALL FOR RECORDS IN CASE MVC NO.418/2011, ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTTI AND SET ASIDE THE JUDGMENT AND AWARD DATED 27.11.2012 BY ALLOWING THIS APPEAL WITH COST.

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IN MFA NO.20596/2013 BETWEEN:

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD, REP BY THE DEPUTY MANAGER, NATIONAL INSURANCE CO, LTD. REGIONAL OFFICE KESUGAL ROAD, HUBLI.

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…APPELLANT

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

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AND:

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SHRI. PRAKASH BASAPPA ALAGODI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: KALLAPUR SHIRASANGI, TAL : SAUDATTI, DIST: BELGAUM.

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SHRI. MURAGESH KALAKAPPA HARTI, AGE: MAJOR, OCC :BUSINESS, R/O : YAMANPETH, RAMDURG, TAL : RAIBAG, DIST: BELGAUM.

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…RESPONDENTS

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(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1; R2- SERVED BUT UNREPRESENTED)

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THIS MFA FILED U/S 173(1) OF MV ACT, PRAYS TO CALL FOR RECORDS IN CASE MVC NO.419/2011, ON THE FILE OF SENIOR CIVIL JUDGE & ADDL. MACT, SAUNDATTI AND SET ASIDE THE JUDGMENT AND AWARD DATED 27.11.2012 BY ALLOWING THIS APPEAL WITH COST.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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ORAL JUDGMENT

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MFA No.20595/2013 is filed by the insurance company challenging the quantum of compensation awarded in MVC No.418/2011. MFA No.20596/2013 is filed by the insurance company challenging the quantum of compensation awarded in MVC No.419/2011. Both the appeals are filed by the insurance company challenging the quantum of compensation awarded in the judgment dated 27.11.2012 passed in MVC Nos.418/2011 and 419/2011.

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The facts in brief of petitioners case in both the petitions is that, on 14.12.2009, the deceased Basappa Mahadevappa Alagodi was travelling on a motor bike bearing its registration No.KA-24/J-389 driven by his son Prakash Basappa Alagodi from Shirasangi towards Saundatti for the purpose of marketing. The deceased Basappa was a pillion rider and the petitioner in MVC No.419/2011 was riding the motor bike in a moderate speed. At about 1:10 pm., one and half kilometers away

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4 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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from Hoolikatti cross, on Shirasangi - Hoolikatti road, a Maruti Van bearing its Reg. No.KA-25/P-4250 came from opposite direction in a rash and negligent manner and dashed to the motorcycle of the petitioner and caused the accident. Due to the impact, both the riders of motor bike sustained grievous injuries all over their body. The driver of the said Maruti Omni Van left the vehicle on the road and ran away from the scene. Immediately, the injured were shifted to Government Hospital, Saundatti. Thereafter, the deceased Basappa was shifted to SDM Hospital, Dharwad, wherein he was inpatient from 14.12.2009 to 01.01.2010 and on 02.01.2010, he breathed his last during the course of treatment due to the injuries sustained in the accident. After postmortem, the body was handed over to the petitioners in MVC No.418/2011, who conducted funeral ceremony by spending huge amount.

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The petitioner in MVC No.419/2011 contended that he also sustained grievous injures in the said accident

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5 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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and he took treatment at Government Hospital, Saundatti

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and later he took treatment at SDM Hospital, Dharwad as indoor patient. He underwent operation and skin grafting. He spent more than Rs.5,00,000/- and not yet recovered fully. He is still in need of more money for his future medical expenses. He suffered cent percent disability due to the accidental injuries and he has to live with the said disability throughout his life.

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The petitioners in MVC No.418/2011 contended

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that they spent more than Rs.4,00,000/- towards medical expenses of the deceased and Rs.50,000/- towards ritual ceremonies. According to petitioners, the deceased was having 65 acres of irrigated land and he was having income of more than Rs.5,00,000/- per annum. Due to the untimely death of the bread earner of the family, the petitioners are suffering mentally, physically and financially. The petitioner in the connected matter also contended that he was a student of II year PUC and he had applied for the licence of contract business and he was

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6 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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a contractor by profession. He lost earning of more than Rs.4,00,000/- per year due to the accidental injuries. He was having share of more than Rs.2,50,000/- per annum from agriculture income. Due to the accidental injuries, he is not in a position to do any avocation. Therefore, he claimed compensation of Rs.22,00,000/- under different heads and the petitioners in MVC No.418/2011 sought for Rs.23,00,000/- under different heads.

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The legal heirs of the deceased are claiming compensation. The tribunal after recording the evidence and perusing the material on record has awarded the compensation.

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The tribunal has awarded compensation in MVC No.418/2011 as under:

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7 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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1.	Towards loss of dependency	Rs.	5,94,000-00
2.	Towards loss of consortium	Rs.	10,000-00
3.	Towards loss of estate	Rs.	10,000-00
4.	Towards medical expenses	Rs.	35,000-00
5.	Towards funeral expenses	Rs.	5,000-00
6.	Towards transportation of	Rs.	5,000-00
	dead body
	Total	Rs.	6,59,000-00

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The tribunal has awarded compensation in MVC

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No.419/2011 as under:

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1.	Towards loss of future income due to disability	Rs.	3,88,800-00
2.	Towards pain and suffering	Rs.	1,00,000-00
3.	Towards loss of amenities in life	Rs.	1,00,000-00
4.	Towards medical expenses	Rs.	3,64,426-00
5.	Towards food conveyance	Rs.	50,000-00
	and other incidental charges
	Total	Rs.	10,03,226-00

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The insurance company has challenged the

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quantum of compensation awarded in both the petitions.

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Heard the learned counsel for appellant - insurance company and learned counsel for respondents.

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8 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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Learned counsel for insurance company would contend that without any basis, the tribunal has taken the income of the deceased at Rs.6,000/- per month and as per chart prepared for Lok-Adalat, for the year 2009, the notional income fixed is Rs.5,000/-. He contends that the four legal heirs of the deceased are his major sons and they are not the dependents and therefore, the deduction towards the personal expenses had to be taken at 1/3^rd .

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The learned counsel for appellant - insurance company would contend that the tribunal has taken the income of the injured - claimant at Rs.6,000/- per month but, as per the chart prepared by the Lok-Adalat for the year 2009, the notional income is fixed to Rs.5,000/- per month and the tribunal ought to have taken the same. He further submits that the Doctor has stated the disability at 30% and the tribunal ought to have taken 10% disability of the whole body but, it has only taken the disability at 30%. The compensation awarded for pain and suffering, loss of amenities, conveyance and incidental charges are

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9 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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on the higher side, with this he prayed to allow the appeals.

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Learned counsel for the legal heirs of deceased would contend that the deceased was an agriculturist, having 65 acres of agricultural land and the record of rights of the lands are produced at Ex.P.121 and Ex.P.122. The tribunal considering the said aspect has rightly taken the income of the deceased at Rs.6,000/- per month. He contends that the injured was working as a contractor and the certificate has been produced at Ex.P.168 to that effect. The tribunal has therefore taken the income of the injured at Rs.6,000/- per month and it is proper and correct. He contends that even the major sons of the deceased are dependents and they are also entitled for compensation, with this he prayed to dismiss both the appeals.

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Having heard the learned counsels, the Court has perused the impugned judgment and award and the other materials placed on record.

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10 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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MFA No.20595/2013 (MVC No.418/2011) :

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The claimants are the widow and four major

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sons of the deceased. The learned counsel for the appellant - insurance company would contend that the four sons of the deceased are major and they are not the dependents and therefore they are not entitle for compensation and the deduction towards personal expenses has to be taken at 1/3^rd of the income of the deceased. The coordinate Bench of this Court in the case

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of Reliance General Insurance Company Limited, Hubli Vs. Gangappa and Others¹ placed reliance on the judgment of the Hon’ble Apex Court in the case of Smt.Manjuri Bera Vs. The Oriental Insurance Company Limited and Another - (Civil Appeal No.1702/2007) decided on 30.03.2007 has held that even the major, married and earning sons of the deceased being legal representatives have a right to apply for compensation irrespective of the fact whether legal

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1 ILR 2023 KAR 311

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11 -

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NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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representatives was fully dependant on the deceased and

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not to limit the claim towards conventional heads only.

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In view of the same, the four major sons of the deceased were also entitled for compensation. As there are five dependents of the deceased, the deduction towards the personal expenses is at 1/4^th as rightly deducted by the tribunal.

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The deceased was an agriculturist and he was owing 65 acres of irrigated land, the record of rights of the lands are at Ex.P.121 and Ex.P.122. Considering the said aspect, the tribunal has rightly taken the income of the deceased at Rs.6,000/per month. Therefore, compensation towards loss of dependency is (6,000 - 1,500 = 4,500 x 12 x 11) Rs.5,94,000/-.

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The tribunal has awarded Rs.10,000/- towards loss of consortium as the claimants are the widow and four sons of the deceased are entitled for consortium of (40,000 x 5) Rs.2,00,000/-. The claimants are entitled to

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12 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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loss of estate of Rs.15,000/- and transportation of the dead body and funeral expenses at Rs.15,000/-. The tribunal has rightly awarded medical expenses of Rs.35,000/-. In view of the above, the claimants are entitled for compensation as under:

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1.	Towards loss of dependency	Rs.	5,94,000-00
2.	Towards loss of consortium	Rs.	2,00,000-00
3.	Towards loss of estate	Rs.	15,000-00
4.	Towards medical expenses	Rs.	35,000-00
5.	Towards funeral expenses	Rs.	15,000-00
	and transportation of dead
	body
	Total	Rs.	8,59,000-00

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MFA No.20596/2013 (MVC No.419/2011) :

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The injured is aged 32 years and he is doing agricultural and contract work. The certificate of registration is at Ex.P.169. Considering the said aspect, the tribunal has rightly taken the income of the injured - claimant at Rs.6,000/- per month. The injured has sustained the fracture of tibia and fibula. The Doctor who

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13 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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has been examined as PW.3 has deposed that the injured has sustained 30% of disability. Ex.P.159 is a disability certificate issued by the said Doctor. The tribunal ought to have taken the disability at 15% instead of 30%. The tribunal has rightly taken the income of the injured at Rs.6,000/-. In view of the same, the injured - claimant is entitled to loss of future income (6,000 x 12 = 72,000 x 18 x 20/100) Rs.2,59,200/-.

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The tribunal has awarded a sum of Rs.1,00,000/towards pain and suffering and Rs.1,00,000/- towards loss of amenities. The said amount of compensation awarded by the tribunal is on the higher side. Considering the injuries sustained, the claimant is

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entitled to a sum of Rs.50,000/- towards pain and suffering and Rs.50,000/- towards loss of amenities, Rs.30,000/towards food, convenience and other incidental charges. The tribunal has rightly awarded the medical expenses of Rs.3,64,426/-. The tribunal has not awarded compensation for the laid up period. Therefore,

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14 -

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NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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the claimant is entitled to a sum of (6,000 x 3) Rs.18,000/- towards loss of income during the laid up period. In view of the above, the claimant is entitled for compensation as under:

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1.	Towards loss of future income due to disability	Rs.	2,59,200-00
2.	Towards pain and suffering	Rs.	50,000-00
3.	Towards loss of amenities in life	Rs.	50,000-00
4.	Towards medical expenses	Rs.	3,64,426-00
5.	Towards food conveyance and other incidental charges	Rs.	30,000-00
6.	Towards loss of income during laid up period	Rs.	18,000-00
	Total	Rs.	7,71,626-00

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The compensation in MFA No.20595/2013 (MVC

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No.418/2011) has been re-assessed by invoking the

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powers under Order 41 Rule 33 of CPC. In view of the same, the following:

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ORDER

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i) Both the appeals are partly allowed .

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15 -

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NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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ii) The judgment and awards passed in MVC Nos.418/2011 and 419/2011 are modified as under: iii) The claimants in MVC No.418/2011 are entitled to total compensation of Rs.8,59,000/- with interest at the rate of 6% per annum from the date of petition till its realization. The insurance company is liable to pay the said compensation with interest within a period of six weeks from the date of receipt of certified copy of the award, failing which, it is liable to pay interest at the rate of 9% per annum.

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iv) The claimants in MVC No.419/2011 are entitled to total compensation of Rs.7,71,626/- with interest at the rate of 6% per annum from the date of petition till its realization. The insurance company is directed to pay the compensation awarded with interest at the rate of 6% per annum

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16 - NC: 2024:KHC-D:12804 MFA No. 20595 of 2013 C/W MFA No. 20596 of 2013

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from the date of petition till its realization within a period of six weeks from the date of receipt of copy of the award, failing which, it is liable to pay interest at the rate of 9% per annum.

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v) The apportionment as ordered by the tribunal remain unaltered.

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vi) The appellants - claimants are entitled to release of the entire compensation amount. Amount in deposit is ordered to be transmitted to the tribunal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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List No.: 1 Sl No.: 25

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PJ CT:ANB

The Divisional Manager v. Prakash Basappa Alagodi

Case brief

What is this about?

What did the court decide?

The Divisional Manager v. Prakash Basappa Alagodi

Case brief

What is this about?

What did the court decide?

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