Partly allowed

Hanumanthappa v. Shankaramma

Karnataka HC20 Nov 2024MFA/7163/2018

Case brief

AI extract

What is this about?

Fatal accident when a towed Tata ACE snapped its towing rope and collided with a motorcycle. Tribunal apportioned liability 75:25 between the two insurers. The High Court held both vehicles liable in equal proportion, enhanced compensation for the deceased's family to Rs.17,77,560 and for the injured pillion rider to Rs.2,02,000, and set aside the liability of the towing vehicle's owner.

What did the court decide?

Claimant appeals partly allowed with enhanced compensation; owner's liability set aside and his appeals allowed; insurer's appeals dismissed.

Hanumanthappa Vs Shankaramma — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.7163 OF 2018(MV-D)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.5918 OF 2018(MV-D) MISCELLANEOUS FIRST APPEAL NO.5919 OF 2018(MV-I) MISCELLANEOUS FIRST APPEAL NO.6856 OF 2018(MV-I) MISCELLANEOUS FIRST APPEAL NO.6857 OF 2018(MV-D) MISCELLANEOUS FIRST APPEAL NO.7164 OF 2018(MV-I)

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IN MFA No. 7163/2018

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BETWEEN:

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HANUMANTHAPPA

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Digitally signed by KIRAN KUMAR R

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Location: HIGH COURT OF KARNATAKA

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S/O YASHODAMMA OWNER OF TATA ACE BEARING REG.NO.KA-18/B-8083 R/O DUGLAPUR VILLAGE TARIKERE TALUK-577 228 CHIKKAMAGALUR DISTRICT.

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…APPELLANT

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(BY SRI. RANGEGOWDA N R, ADVOCATE)

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AND:

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SHANKARAMMA

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W/O LATE DEVENDRAPPA

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SINCHANA

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D/O LATE DEVENDRAPPA AGED ABOUT 12 YEARS

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3. GAGANA

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D/O LATE DEVENDRAPPA AGED ABOUT 9 YEARS

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RESPONDENT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1

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ALL ARE R/O UJJAPPA ODEYARAHALLI VILLAGE, JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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HANUMANTHAPPA S/O DODDA RANGAPPA DRIVER OF TATA ACE BEARING REG NO.KA-16/B-8083 R/O TAREHALLI VILLAE, JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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VINAYKUMAR S/O SHIVANNA DRIVER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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VEERAIAH T.M S/O SHARANABASAVAIAH OWNER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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THE MANAGER CHOLAMANDALAM M.S.GENERAL INSURANCE CO LTD BRANCH OFFICE, DESAI CROSS HUBBALLI-580 020.

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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PROPOSED RESPONDENT NO.8

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THE LEGAL MANAGER ICICI GEN. INS. CO.LTD., NO.121, THE ESTATE BUILDING 9^TH FLOOR, DICKSON ROAD, BENGALURU-560 042.

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…RESPONDENTS

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(BY SRI. R SHASHIDHARA, ADVOCATE FOR R-1 TO R-3; SRI. O. MAHESH, ADVOCATE FOR R-7; SRI. B. PRADEEP, ADVOCATE FOR R-8; VIDE ORDER DATED 23.01.2019, NOTICE TO R-4 TO R-5 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.05.2018 PASSED IN MVC NO.961/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER MACT-4, DAVANAGERE, AWARDING COMPENSATION OF RS.11,50,000/WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA NO. 5918/2018

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BETWEEN:

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THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE DESAI CROSS HUBBALLI

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THE CLAIMS MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.4, NINTH FLOOR (LEVEL-06) "GOLDEN HEIGHTS" COMPLEX, 59^TH C CROSS, INDUSTRIAL SUBURB RAJAJINAGAR 4^TH M BLOCK,

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BENGALURU-560 010 BY ITS SENIOR MANAGER-CLAIMS

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...APPELLANT

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(BY SRI. O MAHESH.,ADVOCATE)

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AND:

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SHANKARAMMA AGE 41 YEARS, W/O LATE DEVENDRAPPA

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SHINCHANA AGE 12 YEARS, D/O LATE DEVENDRAPPA

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GAGANA MINOR AGE 9 YEARS, D/O LATE DEVENDRAPPA

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BOTH RESPONDENTS NO.2 & 3 MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER i. e. RESPONDENT NO.1

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R/O. UJJAPPA ODEYARAHALLI VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT

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HANUMANTHAPPA MAJOR S/O YASHODAMMA R/O DUGALAPURA VILLAGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 101

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VEERAIAH T M AGE 59 YEARS S/O SHARANABASAIAH R/O TAREHALLI VILLAGE

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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JAGALUR TALUK

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DAVANAGERE DISTRICT-5770 01

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THE LEGAL MANAGER, ICICI GENERAL INSURANCE CO.LTD., NO.121, THE ESTATE BUILDING, 9^TH FLOOR, DICKSON ROAD BANGALORE-560 042

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...RESPONDENTS (BY SRI. R. SHASHIDHARA, ADVOCATE FOR R-1 TO R-5; SRI. B. PRADEEP, ADVOCATE FOR R-6)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08/05/2018, PASSED IN MVC NO.961/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, AWARDING COMPENSATION OF RS.11,50,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA NO. 5919/2018

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BETWEEN:

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THE MANAGER CHOLOMANDALAM M S GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE DESAI CROSS HUBBALI

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THE CLAIMS MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.4 NINTH FLOOR (LIVEL-06) "GOLDEN HEIGHTS" COMPLEX, 59^TH C CROSS, INDUSTRIAL SUBURB RAJAJINAGAR 4^TH M BLOCK,

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BENGALURU-560 010

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BY ITS SENIOR MANAGER-CLAIMS

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..APPELLANT

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(BY SRI. O MAHESH.,ADVOCATE)

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AND:

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BASAVARAJAPPA AGE 52 YEARS, S/O KARIYAPPA R/O UJJAPPA ODEYARAHALLI VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT-577 001

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HANUMANTHAPPA MAJOR S/O YASHODAMMA R/O DUGALAPURA VILLAGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 101

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VEERAIAH T M AGE 59 YEARS, S/O SHARANABASAIAH R/O TAREHALLI VILLAGE, JAGALUR TALUK

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DAVANAGERE DISTRICT-577 001

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THE LEGAL MANAGER, ICICI GENERAL INSURANCE CO.LTD., NO.121, THE ESTATE BUILDING, 9^TH FLOOR, DICKSON ROAD BANGALORE-560 042

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...RESPONDENTS

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(BY SRI. R.SHASHIDHARA, ADVOCATE FOR R-1 TO R-3; SRI. B. PRADEEP, ADVOCATE FOR R-4)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08/05/2018, PASSED IN MVC NO.962/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT-IV, DAVANAGERE, AWARDING COMPENSATION OF

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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RS.1,60,000/- TOGETHER WITH INTEREST @ 8% P.A. FROM THE DATE DOF PETITION TILL ITS REALIZATION.

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IN MFA NO. 6856/2018

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BETWEEN:

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BASAVARAJAPPA S/O KARIYAPPA OCC AGRICULTURE, PRESENTLY NIL R/O UJJAPPA ODEYARAHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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...APPELLANT

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(BY SRI. R SHASHIDHARA, ADVOCATE)

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AND:

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HANUMANTHAPPA S/O DODDA RANGAPPA AGE 27 YEARS DRIVER OF TATA ACE BEARING REG NO.KA-16/B-8083 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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HANUMANTHAPPA S/O YASHODAMMA MAJOR, OWNER OF TATA ACE BEARING REG NO.KA-16/B-8083 R/O DUGLAPUR VILLAGE TARIKERE TALUK-577 228 CHIKKAMAGALUR DISTRICT

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VINAYKUMAR S/O SHIVANNA AGED ABOUT 26 YEARS DRIVER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947, R/O TAREHALLI VILLAGE

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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VEERAIAH T M S/O SHARANABASAVAIAH OWNER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK -577 528 DAVANAGER DISTRICT

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THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD BRANCH OFFICE, DESAI CROSS HUBBALI -580 020

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THE LEGAL MANAGER ICICI GENERAL INSURANCE CO.LTD., NO.121, THE ESTATE BUILDING, 9^TH FLOOR, DICKSON ROAD, BANGALORE-560 042

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...RESPONDENTS

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(BY SRI. N. R. RANGEGOWDA, ADVOCATE FOR R-2; SRI. O, MAHESH, ADVOCATE FOR R-5, NOTICE TO R-1 IS DISPENSED WITH, SRI. B. PRADEEP, ADVOCATE FOR R-6; R-3, R-4 ARE SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.05.2018 PASSED IN MVC NO.962/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT-4, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 6857/2018

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BETWEEN:

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SHANKARAMMA W/O LATE DEVENDRAPPA

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AGED ABOUT 41 YEARS

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SINCHANA D/O LATE DEVENDRAPPA AGED ABOUT 12 YEARS

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GAGANA D/O LATE DEVENDRAPPA AGED ABOUT 9 YEARS

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APPELLANTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER APPELLANT NO.1

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ALL ARE R/O UJJAPPA ODEYARAHALLI VILLAGE, JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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...APPELLANTS

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(BY SRI. R SHASHIDHARA, ADVOCATE)

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AND:

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HANUMANTHAPPA S/O DODDA RANGAPPA DRIVER OF TATA ACE BEARING REG NO.KA-16/B-8083 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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HANUMANTHAPPA S/O YASHODAMMA MAJOR,

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OWNER OF TATA ACE BEARING REG NO.KA-16/B-8083 R/O DUGLAPUR VILLAGE TARIKERE TALUK-577 228 CHIKKAMAGALUR DISTRICT

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VINAYKUMAR S/O SHIVANNA

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10 -

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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DRIVER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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VEERAIAH T M S/O SHARANABASAVAIAH AGED ABOUT 59 YEARS OWNER OF TATA ACE VEHICLE BEARING NO.KA-17/B-9947 R/O TAREHALLI VILLAGE, JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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THE MANAGER CHOLAMANDALAM M.S.GENERAL INSURANCE CO LTD., BRANCH OFFICE,DESAI CROSS, HUBBALLI-580 020

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THE LEGAL MANAGER ICICI GENERAL INSURANCE CO.LTD., NO.121, THE ESTATE BUILDING, 9^TH FLOOR, DICKSON ROAD, BANGALORE-560 042

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...RESPONDENTS

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(BY SRI. O MAHESH, ADVOCATE FOR R-5; SRI. N.R. RANGEGOWDA, ADVOCATE FOR R-2, NOTICE TO R-1 IS DISPENSED WITH, SRI. B. PRADEEP, ADVOCATE FOR R-6, R-3, R-4 SEFVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.05.2018 PASSED IN MVC NO.961/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MEMBER, MACT-4, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 7164/2018

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BETWEEN:

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HANUMANTHAPPA S/O YASHODAMMA OWNER OF TATA ACE BEARING REG NO.KA-18/B-8083 R/O DUGLAPUR VILLAGE TARIKERE TALUK-577 228 CHIKKAMAGALUR DISTRICT

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...APPELLANT

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(BY SRI. RANGEGOWDA N R, ADVOCATE)

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AND:

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BASAVARAJAPPA

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S/O KARIYAPPA AGED ABOUT 52 YEARS OCC:AGRICULTURE PRESENLTY NIL R/O UJJAPPA ODEYARAHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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HANUMANTHAPPA S/O DODDA RANGAPPA AGE 27 YEARS DRIVER OF TATA ACE VEHICLE BEARING REG NO.KA-16/B-8083 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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VINAYKUMAR S/O SHIVANNA AGED ABOUT 26 YEARS DRIVER OF TATA ACE BEARING REG NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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12 -

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NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

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VEERAIAH T M S/O SHARANABASAVAIAH AGED ABOUT 59 YEARS OWNER OF TATA ACE VEHICLE BEARING REG NO.KA-17/B-9947 R/O TAREHALLI VILLAGE JAGALUR TALUK-577 528 DAVANAGERE DISTRICT

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THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE CO LTD BRANCH OFFICE, DESAI CROSS HUBBALLI-580 020

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THE MANAGER, ICICI GENERAL INSURANCE CO LTD, NO 121 THE ESTATE BUILDING, 9^TH FLOOR, DICKSON ROAD BANGALORE- 560 042

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...RESPONDENTS

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(BY SRI. O MAHESH, ADVOCATE FOR R-5; SRI. B. PRADEEP, ADVOCATE FOR R-6, R-4 SERVED VIDE ORDER DATE 08/2/2019, NOTICE TO R-2 & R-3 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED08.05.2018 PASSED IN MVC NO.962/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MEMBER MACTIV DAVANAGERE, AWARDING COMPENSATION OF RS.1,60,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

¶147

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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While a Tata ACE vehicle bearing registration No.KA18/B-8083 was towing another Tata ACE vehicle bearing registration No.KA-17/B 9947, an accident occurred when the towing rope of the towed vehicle snapped and as a result, the towed vehicle collided with a motorcycle resulting in grievous injuries to the rider of the motorcycle – Devendrappa, who succumbed to the said injuries, and also injuries to the pillion rider Basavarajappa.

¶151

Consequently, MVC.No.961/2016 was filed by the legal representatives of Devendrappa i.e., the rider of the motorcycle and MVC.No.962/2016 was filed by the pillion rider - Basavarajappa.

¶152

Being dissatisfied with the award of compensation, the claimants in MVC.No.961/2016 i.e., the legal representatives of Devendrappa (rider) and the

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claimant in MVC.No.962/2016 i.e., Basavarajappa (pillion rider) are before this Court in MFA.No.6857/2018 and MFA.No.6856/2018

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respectively.

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The Tribunal, after examining the matter and considering the evidence, has come to the conclusion that the insurer of the Tata ACE which was towing the other Tata ACE was liable to the extent of 75% and it made the towed Tata ACE vehicle liable to the extent of 25%. Being aggrieved by the same, the insurer of Tata ACE bearing registration No.KA-17/B 9947 (towed vehicle) and as well as the owner of Tata ACE vehicle bearing registration No.KA-18/B8083 (towing vehicle) are before this Court.

¶157

The insurer of Tata ACE which was being towed contends that it could not have been made liable since the vehicle was only being towed and it was not the cause of the accident. The owner of the

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vehicle which was towing the other vehicle also contends that he had insured the vehicle and therefore, its insurer would be liable to pay compensation and the insurer of the vehicle which was towing the other Tata ACE was also impleaded in his appeal.

¶160

The question that would arise for consideration in these appeals is as to whether the Tata ACE vehicle which was towing the other Tata ACE vehicle was liable or the Tata ACE vehicle which was being towed was liable or both the Tata ACE vehicles were liable to pay the compensation .

¶161

Rule 206 of the Karnataka Motor Vehicle Rules, 1989 bars the towing of the vehicle, unless it is mechanically disabled. In this case, it is admitted that the vehicle which was being towed was disabled and as a consequence, it was being towed. Therefore, the towing of the vehicle would not be

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illegal. However, Sub-Rule (2) of Rule of 206¹ mandates that in the vehicle being towed, a person who has a driving licence should be present and the steering wheel of the motor vehicle being towed should be firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.

¶164

Sub-rule (3) of Rule 206 mandates that while the vehicle is being towed by another motor vehicle, certain steps have to be taken to ensure that the tow-rope or chain should easily distinguishable by other users of the road and there should be clear display on the rear of the vehicle being towed in block letters to the effect “ON TOW”.

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1 206. Towing:- (1) *****

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(2) No motor vehicle shall be drawn or towed by any other motor vehicle unless there is in the driver’s seat of the motor vehicle being drawn or towed a person holding a licence authorising him to drive the vehicle or unless the steering wheel of the motor vehicle being towed are firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.

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It is therefore clear from Rule 206 that both the vehicle which is towing the mechanically disabled vehicle and also the mechanically disabled vehicle are required to follow certain rules.

¶169

In this case, the driver of the Tata ACE which was towing the other Tata ACE has not been examined. Similarly, the driver who was sitting in the towed vehicle has also not been examined. In this view of the matter, since the best evidence to indicate that the mechanically disabled vehicle was being towed in a manner prescribed under law is absent, it will have to be held that both the towing vehicle and the other vehicle which was being towed are responsible for the accident.

¶170

It is also noticed that the drivers of both the vehicles have, in fact, been charge sheeted by the police and this also indicates that both of them are responsible for the accident. Consequently, in modification of the

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award of the Tribunal, it is held that the insurer of both the Tata ACE vehicles would be liable for payment of compensation in equal proportion .

¶174

As far as compensation in respect of deceased Devarajappa is concerned, the Tribunal has taken the notional income of the deceased at Rs.8,000/- since there was no evidence to establish the actual income. In such circumstances, it would be appropriate to adopt the notional income determined by the Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. Since the deceased was aged 38 years, 40% requires to be added towards future prospects and since number of dependants are three, 1/3^rd requires to be deducted towards personal expenses. Consequently, the income of the deceased would be Rs.8,867/- (Rs.9,500/- + 40% - 1/3^rd ).

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Thus, the claimants would be entitled to Rs.15,96,060/- (Rs.8,867/- X 12 X 15) towards loss of dependency. The claimants, being the wife and children, would each be entitled to Rs.48,400/- i.e., in all, Rs.1,45,200/- towards loss of consortium. They would also be entitled to Rs.36,300/- under conventional heads.

¶177

Accordingly, the claimants would be entitled to compensation of Rs.17,77,560/- along with interest at 6% p.a. from the date of petition till its realization.

¶178

As far as the claim of the pillion rider of the motorcycle i.e., Basavarajappa is concerned, the Tribunal has awarded a sum of Rs.1,60,000/- as compensation. It is the case of the claimant that he had lost two teeth and also suffered head injury. However, there was no medical evidence to substantiate this assertion and also to speak about any permanent disability. Consequently, the decision

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of the Tribunal not to award any amount towards loss of future earnings cannot be found fault with.

¶181

However, since the claimant was admitted in hospital for 12 days, Rs.30,000 awarded towards pain and sufferings is enhanced to Rs.40,000/-, Rs.10,000/awarded towards loss of amenities is enhanced to Rs.30,000/- and Rs.10,000/- awarded towards food, nourishment and attendant charges is enhanced to Rs.20,000/-.

¶182

The amount of Rs.74,000/- awarded towards medical expenses, being based on documentary evidence, is affirmed.

¶183

Since the accident was of the year 2016, it would be appropriate to adopt the notional income determined by the Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. Consequently, the claimant would be

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entitled to Rs.38,000/- (Rs.9,500/- X 4 months)

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towards loss of income during the laid up period.

¶188

Consequently, the award of the Tribunal is modified and the following sums are awarded as

¶189

compensation:

¶190

Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	30,000	40,000
2.	Medical expenses	74,000	74,000
4.	Loss of income during the laid up period	36,000	38,000
5.	Conveyance, nourishment and nutritious food	10,000	20,000
6.	Loss of amenities in life	10,000	30,000
	Total	1,60,000	2,02,000

¶191

22 - NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

¶192

Accordingly, the claimant is held entitled to a compensation of Rs.2,02,000/- as against Rs.1,60,000/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

¶193

The insurer of both the Tata ACE vehicle shall deposit the amount of compensation in equal proportions in both the appeals i.e., MFA.No.6857/2018 and MFA.No.6856/2018, within a period of two months from the date of receipt of a copy of this judgment.

¶194

The amount in deposit, if any, shall be transferred to the Tribunal.

¶195

The apportionment of compensation in MFA.No.6857/2018 and MFA.No.6856/2018 shall be in terms of the award of the Tribunal.

¶196

Accordingly, MFA.No.6857/2018 and

¶197

MFA.No.6856/2018 are allowed in part.

¶198

23 -

¶199

NC: 2024:KHC:47204 MFA No. 7163 of 2018 C/W MFA No. 5918 of 2018 MFA No. 5919 of 2018 AND 3 OTHERS

¶200

25. As a consequence, the liability fastened on the owner of Tata ACE vehicle bearing registration No.KA-18/B8083 i.e., the appellant in MFA.No.7163/2018 and MFA.No.7164/2018 is set aside. The said appeals are accordingly allowed. The amount, if any, deposited by the owners shall be refunded to them. Consequently, the appeals of insurer i.e., MFA.5918/2018 and MFA.No.5919/2018 are dismissed.

¶201

Sd/(N S SANJAY GOWDA) JUDGE

¶202

PKS List No.: 1 Sl No.: 35

Hanumanthappa v. Shankaramma

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Hanumanthappa v. Shankaramma

Case brief

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