Allowed

Sri Doddaramaiah v. Sri Shafit Ahamed

Karnataka HC4 Jul 2024MFA/5102/2018

Case brief

AI extract

What is this about?

High Court enhanced motor accident compensation from Rs.7.96 lakh to Rs.10.36 lakh, adjusting for notional income, consortium, and estate loss. The Court held the insurance company liable to deposit the enhanced amount within three months despite policy conditions regarding permit violations, allowing recovery from the owner subsequently.

What did the court decide?

Enhanced compensation of Rs.2,40,328/- with 6% interest ordered to be paid by the insurance company within three months.

Sri Doddaramaiah Vs Sri Shafit Ahamed — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:25692 MFA No. 5102 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 5102 OF 2018 (MV-D)

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BETWEEN:

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SRI DODDARAMAIAH S/O LATE ERAIAH NOW AGED ABOUT 62 YEARS,

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SRI SIDDALINGAIAH S/O DODDARAMAIAH NOW AGED ABOUT 31 YEARS,

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BOTH ARE RESIDING AT KEMPANA DODDERI GOLLARAHATTI VILLAGE, KORA HOBLI, TUMAKURU TALUK AND DISTRICT. …APPELLANTS

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(BY SRI. GOPAL KRISHNA N., ADVOCATE)

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AND:

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SRI SHAFIT AHAMED S/O LATE KHALEEL AHAMED AGED ABOUT 42 YEARS, RESIDING AT KORATAGERE DISTRICT TUMAKURU DISTRICT.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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BHARATI AXA GENERAL INSURANCE COMPANY LTD., PLOT NO.30, PRIDE CODRA, BELLARY ROAD, ABOVE VIVA TOYOTA HEBBAL, BENGALURU -560 024 REP. BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DATED 11.08.2022 NOTICE TO R1 IS D/W)

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2 - NC: 2024:KHC:25692 MFA No. 5102 of 2018

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THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 26.02.2018 PASSED IN MVC NO.687/2016 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act arises out of the award and judgment dated February 26, 2018, passed by the II Additional District Judge and MACT at Tumakuru in MVC No. 687/2016.

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The claimants filed a claim petition under Section 166 of the Indian Motor Vehicles Act, seeking just and proper compensation for the death of Eramma, who succumbed to injuries sustained in a road traffic accident on April 22, 2016. The Tribunal awarded a total compensation of Rs.7,96,000/- with interest at 8% from the date of the petition until realization. However, the liability was fastened on the owner of the vehicle, stating that the vehicle was plying beyond the permit limit. The appellants are appealing, seeking enhancement of the compensation and also challenging the liability fastened on the owner of the vehicle to pay the compensation.

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Heard the learned counsel for the parties and perused the trial court records.

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3 - NC: 2024:KHC:25692 MFA No. 5102 of 2018

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The death of Eramma in a road traffic accident on April 22, 2016, is not disputed. As of the date of the accident, she was 48 years old. In the absence of proof, the notional income of the deceased is assessed at Rs.9,500/- per month as per the chart prepared by the Karnataka Legal Service Authority. Adding 25% towards future prospects and deducting 50% towards personal expenses, the claimants are entitled to compensation of Rs.9,26,328/- (5938 x 12 x 13) towards loss of dependency.

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The claimants are entitled to a compensation amount of Rs.40,000/- each towards consortium, totaling Rs.1,60,000/-, and a sum of Rs.30,000/- towards loss of estate and funeral expenses.

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The Tribunal fastened the liability on the owner of the offending vehicle, i.e., the auto rickshaw, stating that the vehicle was plying beyond the permit area.

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The Hon'ble Supreme Court, in the case of Rani & Ors v. National Insurance Company Ltd. and Ors, AIROnline 2018 SC 84, has held that when a policy condition is violated, the Insurance Company cannot absolve its liability to pay the compensation awarded to the claimant at the first instance but can recover the same from the owner of the vehicle in question in the very same proceedings.

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In total, the claimants are entitled to compensation of Rs.10,36,328/-, as against the compensation of Rs.7,96,000/awarded by the Tribunal. The enhanced compensation amount of

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4 - NC: 2024:KHC:25692 MFA No. 5102 of 2018

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Rs.2,40,328/- shall carry interest at 6% per annum from the date of the petition until actual realization.

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To this extent, the impugned judgment and award stand modified. The enhanced compensation of Rs.2,40,328/- shall carry interest at the rate of 6% per annum from the date of the petition until the date of actual realization.

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The enhanced compensation amount shall be deposited by the respondent - Insurance Company within a period of three months from the date of receipt of the certified copy of this order. The entire enhanced compensation amount shall be released in favor of the appellants/claimants.

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The apportionment of the compensation amount as ordered by the Tribunal remains unaltered.

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Accordingly, the appeal stands disposed of.

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Sd/JUDGE

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Sri Doddaramaiah v. Sri Shafit Ahamed

Case brief

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Sri Doddaramaiah v. Sri Shafit Ahamed

Case brief

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