Partly allowed

Sri Krishnaiah v. Sri Chandrashekaraiah

Karnataka HC4 Dec 2024MFA/4110/2019

Case brief

AI extract

What is this about?

Appeal seeking enhancement of compensation for the death of a 19-year-old in a motor accident. The court set aside the Tribunal's exoneration of the insurer despite absence of a valid permit, holding it must pay and recover from the owner, and enhanced compensation using Karnataka State Legal Services Authority norms.

What did the court decide?

Compensation enhanced to Rs.12,94,300/- with 6% interest payable by the insurer, recoverable from the vehicle owner.

Sri Krishnaiah Vs Sri Chandrashekaraiah — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:50106 MFA No. 4110 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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MISCELLANEOUS FIRST APPEAL NO. 4110 OF 2019 (MV-D)

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BETWEEN:

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SRI KRISHNAIAH S/O KARIYAIHA AGED ABOUT 61 YEARS, SINCE DIED ON 30.12.2019 LR’S OF SMT CHANDRAMMA W/O KRISHNAIAH AGED ABOUT 56 YEARS R/AT MARASHETTY HALLI VILLAGE BEECHENAHALLI POST, HALEOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT

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Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka

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(BY SRI. RENUKARADHYA R.D., ADVOCATE)

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…APPELLANT

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AND:

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SRI CHANDRASHEKARAIAH S/O LATE KANNAIAHA AGED ABOUT 47 YEARS, C/O RAGHAVENDRA R/AT PATEL LAYOUT BEGUR, BANGALORE

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SRI.SUREESHA

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2 - NC: 2024:KHC:50106 MFA No. 4110 of 2019

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S/O PALANI AGED ABOUT YEARS R/AT NO.153 COWDAPPA LAYOUT SAINT THOMAS TOWN POST KAMMANAHALLI BENGALURU

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THE ORIENTAL INS. CO. LTD., DIVISION OFFICE-10 213-217, NAGAPRABHA CHAMBERS 3^RD MAIN, 4^TH CROSS, CHAMARAJPET BENGALURU-560 018

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NAVYA DISHA TRUST SREE SHANTHOSHI KRUPA 5^TH MAIN, ASHOK NAGAR TUMKUR BY ITS MANAGER, ALSO AT AVALAHALLI, ANJANAPURA POST J.P.NAGAR, 9^TH PHASE BENGALURU-62

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…RESPONDENTS

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(BY SRI.A.N.KRISHNASWAMY, ADVOCATE FOR R3 R4- SERVED NOTICE TO R1 & R2 IS DISPENSED WITH)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2019 PASSED IN MVC NO.6318/2013 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER M.A.C.T., BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2024:KHC:50106 MFA No. 4110 of 2019

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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The Tribunal has awarded a sum of Rs.6,34,800/- for the death of Shoba who was aged about 19 years. The Tribunal has, however, exonerated the insurer of all liabilities since the offending vehicle did not have a valid permit.

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It is settled law that whenever there is a breach of policy conditions, the insurer would nevertheless have to pay the compensation and, then, proceed to recover the same from the owner of the offending vehicle. In light of said settled position of law, the finding absolving the insurer of liability is set aside and it is held that the insurer would be able to pay the compensation and, thereafter, recover the same from the owner of the offending vehicle.

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4 - NC: 2024:KHC:50106 MFA No. 4110 of 2019

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As far as composition is concerned, the Tribunal has taken the income of the deceased at Rs.4,000/- p.m. since there was no proof of actual income. As the accident was of the year 2013, a sum of Rs.8,000/as determined by the Karnataka State Legal Services Authority will have to be applied and to said income, 40% will be added as future prospects and 50% will have to be deducted towards personal expenses.

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Consequently, towards ‘loss of dependency’ the claimant would be entitled to a sum of Rs.12,09,600/- .

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(Rs.8,000/- + Rs.3,200/- (40%) = Rs.11,200/- – Rs.5,600/- (50%) = Rs.5,600/- X 12 X 18 = Rs.12,09,600/-)

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The claimant, being the mother of the deceased, she would be entitled to a sum of Rs.48,400/- towards ‘loss of love and affection’ and Rs.36,300/- under the conventional heads.

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5 - NC: 2024:KHC:50106 MFA No. 4110 of 2019

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Consequently, the claimant would be entitled to a sum of Rs.12,94,300/- with interest at the rate of 6% p.a. from the date of the petition till its realization. This sum shall be paid by the insurer and, thereafter, it can proceed to recover the same from the owner of the offending vehicle.

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Other aspects of the award remain undisturbed.

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Consequently, this appeal is accordingly allowed in part.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 7

Sri Krishnaiah v. Sri Chandrashekaraiah

Case brief

What is this about?

What did the court decide?

Sri Krishnaiah v. Sri Chandrashekaraiah

Case brief

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