Sri Boopalan J @ Boobalan Vs Orien Precast Pvt. Ltd.

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NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 AND 1 OTHER

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 5416 OF 2019 (MV-I) C/W

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MISCELLANEOUS FIRST APPEAL NO. 8290 OF 2018 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 8291 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 845 OF 2019 (MV-D)

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IN MFA No. 5416/2019

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BETWEEN:

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SRI. BOOPALAN.J @ BOOBALAN S/O JAGADEESAN, AGED ABOUT 35 YEARS, R/AT KONAPALLI VILLAGE, MANNADIPATTI POST, UTHANGARAI TALUK, KRISHNAGIRI DIST. TAMILNADU.

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…APPELLANT

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(BY SRI. PRAKASH.MH., ADVOCATE)

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AND:

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ORIEN PRECAST PVT. LTD., 7^TH MILE, DODDAKALLASANDRA, KANAKAPURA ROAD, BENGALURU-560 062.

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IFFCO-TOKIO GEN.INS.CO.LTD.,

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HC-KAR

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NO.8, 3^RD FLOOR, 3^RD BLOCK, KSCMF BUILDING, CUNNINGHAM ROAD,

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BENGALURU-560 052. REP BY ITS MANAGER.

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SRI. JAYARAM S/O THIMMEGOWDA, AGED IN MAJOR, R/AT ANAMANAHALLI VILLAGE, CHEELURU POST, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST-561 219.

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UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE AT, MOTOR THIRD PARTY CLAIMS HUB, NO.18, 5^TH AND 6^TH FLOOR, KRUSHIBHAVANA, HUDSON CIRCLE, BENGALURU-560 001. REP. BY ITS MANAGER.

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…RESPONDENTS (BY SRI. LOKESH MALAVALLI., ADVOCATE FOR R1 & R3; SRI.C.SHANKAR REDDY., ADVOCATE FOR R2; SRI. M.G.RAVISHA., ADVOCATE FOR R3; SRI. JANARDHAN REDDY., ADVOCATE FOR R4)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO. 482/2016 ON THE FILE OF THE VII ADDITIONAL JUDGE AND XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-3), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 8290/2018

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BETWEEN:

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UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, #18, 5^TH & 6^TH FLOORS, KRISHIBHAVAN, HUDSON CIRCLE, BANGALORE-560 001. REP.BY ITS MANAGER.

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...APPELLANT

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(BY SRI. JANARDHAN REDDY., ADVOCATE)

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AND:

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VENKATARAME GOWDA @ VENKATARAVANAPPA. S/O MUNISWAMY GOWDA, AGED ABOUT 52 YEARS,

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PARVATHAMMA W/O VENKATARAME GOWDA @ VENKATARAVANAPPA, AGED ABOUT 47 YEARS,

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BOTH ARE R/AT NO.31, M.BAIYAPPANAHALLI, MULBAGAL TALUK, KOLAR DISTRICT.

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AT PRESENT R/AT NO.119, 6^TH CROSS, 24^TH MAIN ROAD, HSR LAYOUT, BANGALORE-560 012.

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JAYARAM S/O THIMMEGOWDA, ANAMANAHALLI VILLAGE, CHEELUR POST, MARALVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, (OWNER OF THE MOTOR CYCLE BEARING NO.KA-42-E-5314)

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ORIEN PRECAST PVT., LTD.,

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7^TH MILE, DODDAKALLASANDRA,

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HC-KAR

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KANAKAPURA ROAD, BANGALORE-560 062. (OWNER OF THE MOTOR CYCLE BEARING NO.KA-05-EF-5524). 5. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.8, 3^RD FLOOR, 3^RD BLOCK, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE-560 052. (INSURER OF THE MOTOR CYCLE BEARING NO.KA-05-EF-5524)

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...RESPONDENTS

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(BY SRI. PRAKASH.M.H., ADVOCATE FOR R1 & R2; SRI. M.G. RAVISHA., ADVOCATE FOR R3; SRI. LOKESH MALVALLI., ADVOCATE FOR R4; SRI. C.SHANKAR REDDY., ADVOCATE FOR R5)

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THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 10.08.2018 PASSED IN MVC NO.4269/2013 ON THE FILE OF THE 7TH ADDITIONAL JUDGE & 32ND ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-3), AWARDING COMPENSATION OF RS.9,97,500/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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IN MFA NO. 8291/2018

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BETWEEN:

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UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, # 18, 5^TH & 6^TH FLOORS, KRISHIBHAVAN, HUDSON CIRCLE, BANGALORE – 560 001. REP.BY ITS MANAGER.

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...APPELLANT

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(BY SRI. JANARDHAN REDDY., ADVOCATE)

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AND:

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HC-KAR

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BOOPALAN.J @ BOOBALAN.J S/O JAGADEESAN, AGED ABOUT 34 YEARS, R/AT KONAPALLI VILLAGE, MANNADIPATTI POST, UTHANGARI TALUK, KRISHNAGIRI DISTRICT, TAMILNADU STATE.

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JAYARAM S/O THIMMEGOWDA, ANAMANAHALLI VILLAGE, CHEELUR POST, MARALVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, (OWNER OF THE MOTOR CYCLE BEARING NO KA- 42-E-5314).

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ORIEN PRECAST PVT., LTD., 7^TH MILE, DODDAKALLASANDRA, KANAKAPURA ROAD, BANGALORE – 560 052. (OWNER OF THE MOTOR CYCLE BEARING NO KA- 05-EF-5524)

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IFFCO - TOKIO GENERAL INSURANCE CO., LTD., NO.8, 3^RD FLOOR, 3^RD BLOCK, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE – 560 052. (INSURER OF THE MOTOR CYCLE BEARING NO KA-05-EF-5524)

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...RESPONDENTS

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(BY SRI. PRAKASH.M.H., ADVOCATE FOR R1; SRI. M.G.RAVISHA., ADVOCATE FOR R2; SRI. LOKESH MALAVALLI., ADVOCATE FOR R3; SRI. C.SHANKAR REDDY., ADVOCATE FOR R4)

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THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED: 10.08.2018

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PASSED IN MVC NO.482/2016 ON THE FILE OF THE 7^TH ADDITIONAL JUDGE & 32^ND ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-3), AWARDING COMPENSATION OF RS.3,94,650/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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IN MFA NO. 845/2019

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BETWEEN:

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SRI. VENKATARAMEGOWDA @ VENKATARAVANAPPA, S/O MUNISWAMY GOWDA, AGED ABOUT 52 YEARS,

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SMT. PARVATHAMMA W/O VENKATARAMEGOWDA, @ VENKATARAVANAPPA AGED ABOUT 47 YEARS,

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BOTH ARE R/AT NO.31, M.BAIYAPPANAHALLI , MULBAGAL TALUK, KOLAR DISTRICT-563 131.

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PRESENTLY R/AT NO.119, 6^TH CROSS, 24^TH MAIN ROAD, HSR LAYOUT, BENGALURU-560 102.

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...APPELLANTS

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(BY SRI. PRAKASH.M.H., ADVOCATE)

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AND:

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ORIEN PRECAST PVT. LTD., 7^TH MILE, DODDAKALLASANDRA, KANAKAPURA ROAD, BENGALURU-560 062.

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IFFCO-TOKIO GEN.INS.CO.LTD.,

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HC-KAR

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NO.8, 3^RD FLOOR 3^RD BLOCK, KSCMF BUILDING, CUNNINGHAM ROAD, BENGALURU-560 052. REP BY ITS MANAGER.

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SRI. JAYARAM S/O THIMMEGOWDA, AGED IN MAJOR, R/AT ANAMANAHALLI VILLAGE, CHEELURU POST, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST-5612 119.

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UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE AT MOTOR THIRD PARTY CLAIMS HUB, NO.18, 5^TH AND 6^TH FLOOR, KRUSHIBAHVANA, HUDSON CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS MANAGER.

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...RESPONDENTS

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(BY SRI. LOKESH MALAVALLI., ADVOCATE FOR R1 & R3; SRI. C.SHANKAR REDDY., ADVOCATE FOR R2; SRI. JANARDHANA REDDY., ADVOCATE FOR R4)

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THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO.4269/2016 ON THE FILE OF THE VII ADDITIONAL JUDGE AND XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH-3), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS ARE, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 AND 1 OTHER

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HC-KAR

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ORAL JUDGMENT

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The present appeals seek to challenge the judgment dated

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10.08.2018 passed in two original claim petitions MVC No.4269/2013 and MVC No.482/2016 passed by the learned VII Addl. Judge & XXXII ACMM, Court of Small Causes, Bangalore (hereinafter referred to as ‘Impugned Award’). By the Impugned Award, both Claimants have been awarded compensation in the following manner:

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(i) Claimant in MVC No.4269/2013 has been awarded Rs.9,97,500/-.

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(ii) While Claimant in MVC No.482/2016 has been awarded Rs.3,94,650/-.

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Both claim petitions were heard together and common evidence was led jointly and a common judgment has been passed.

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Four appeals have been filed before this Court. A challenge has been made by both the claimants in both petitions as well as by the Insurance Company. This Court by order dated 17.11.2023 admitted these appeals.

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The brief facts are one Mr.Gopalgowda was travelling on a motorcycle bearing Registration No.KA-05-EF-5524 on 02.06.2013 accompanied by pillion rider Mr.Boopalan. They were travelling from Bengaluru side towards Kanakapura and when they reached Ayyappa temple another motorcycle bearing registration No.KA-42-E-5314 came from opposite direction and collided into the motorcycle of Gopalgowda. The accident resulted in grevious head injuries to Gopalgowda. After the accident both Gopalgowda and Boopalan were taken to hospital.

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4.1 Despite treatment Gopalgowda succumbed to his injuries on 06.06.2013. At the time of his death the deceased Gopalgowda was aged 30 years.

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4.2 Boopalan sustained injuries all over his body and was shifted to another hospital where he was treated from 03.06.2013 to 08.06.2013. Subsequently further treatment was taken by him at St.Mary’s Hospital, Salem from 15.06.2013 to 21.07.2013. Boopalan also underwent surgery on account of his injuries.

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HC-KAR

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It is the case of the appellants/claimants in MFA No.845/2019 and MFA No. 5416/2019 that at the time of accident the deceased was aged 30 years and working as a Supervisor in a company called Orien Precast Pvt. Ltd., at Dollahalli, Kanakapura Taluk. In addition it is stated that Boopalan was also working at the same company.

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A charge sheet was filed against the rider of the motor vehicle bearing registration No.KA-42-E-5314. The owner of the offending vehicle appeared before the Trial Court and was examined as RW-4. The Insurance Company-Iffco Tokio General Insurance also contested the claim petitions.

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6.1 Based on the pleadings between the parties, the learned Trial Court framed the following issues:

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“ISSUES IN MVC 4269/2013

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1. Do the petitioners prove that the death of Sri.Gopalgowda had occurred in an accident arising out of rash and negligent riding of the rider of Motor Cycle bearing No.KA-42-E-5314, on 02-06-2013 at about 9.30 p.m. as alleged?

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2. Whether the petitioners are entitled for compensation? If so, how much and from whom?

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HC-KAR

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3. What Order or Award?

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ISSUES IN MVC 482/2016

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1. Whether the petitioner proves that on 02-06-2013 at about 9.30 p.m. he was riding a Motor Cycle bearing reg. No.KA-05-EF-5524 along with a pillion rider proceeding towards Kanakapura from Bengaluru side, near Ayyappa Swamy Temple, Kanakapura Bengaluru Road, Kanakapura Town, met with an accident and sustained injuries due to the actionable negligence on the part of rider of Motor Cycle bearing reg. No.KA42-E-5314 as alleged?

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2. Whether the petitioner proves his age, occupation and income?

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3. Whether R1 proves that the petition is not maintainable for non-joinder of necessary parties?

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4. Whether petitioner is entitled for compensation? If so, at what rate and from whom?

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5. What order or decree?”

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The learned Trial Court after examining the evidence placed on record by the parties gave a finding in favour of the claim of deceased Gopalgowda and awarded a sum of Rs.9,97,500/- in the following manner:

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HC-KAR

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“ 30. Thus the total award stands as follows:

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1. Loss of dependency	Rs.8,56,800
2. Loss of estate	15,000-00
3. Funeral and obsequies expenses	15,000-00
4. Medical bills	1,10,700-00
*Total*	*Rs. 9,97,500-00*

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So far as compensation awarded for the injured Boopalan,

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the following amounts were awarded:

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“42. In view of the above reasoning, petitioner is

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entitled for the compensation under the following Heads:

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1.	Pain and Agony	Rs.60,000-00
2.	Loss of income during treatment period	42,000-00
3.	Loss of earning	1,22,400-00
4.	Medical Expenses	1,30,250-00
5.	Loss of amenities, conveyance, food and nourishment, attendant charges etc.	40,000-00
	*TOTAL*	*Rs.3,94,650-00*

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Thus, the petitioner is entitled for total compensation of Rs.3,94,650-00 only”.

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As stated above, the challenge before this Court in these

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Appeals has been made by both the appellants/claimants as

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well as respondent-Insurance company by filing respective appeals. The learned counsel for the appellants/claimants has made two submissions. He submits that so far as deceased Gopalgowda is concerned, it was proved by the appellant that the deceased was working in a company called Orien Precast Pvt. Ltd. at the time of his death. In this behalf reliance has been placed on the salary slip filed along with the claim petition which has been exhibited as Ex.P-18. In addition, reliance is also placed on the inquest report exhibited as Ex.P9 to submit that the deceased was earning as on 02.06.2013 a gross salary of Rs.9,190/-. The notional income to the extent of sum of Rs.6,000/- that has been taken by the learned Trial Court is in error. It is contended that the monthly income was over Rs.9,000/(gross income) while his net income was approximately Rs.8,500/-. Thus it is contended by learned counsel for appellant Gopalgowda that for the loss of dependency, the income should have been calculated at Rs.9,000/-per month.

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9.1. Learned counsel further submits that loss of consortium

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and the judgment in National Insurance Co. Ltd. vs.

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Pranay Sethi¹ has also not been awarded. Rs.40,000/- for

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each of the two claimants amounting to Rs.80,000/- should have been awarded for the same.

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Learned counsel further submits that in the case of claimant Boopalan, the learned Trial Court has wrongly awarded Rs.6,000/-p.m. for calculation of his compensation, when in fact the award should have been taken on the basis of Notional Income chart at Rs.8,000/-p.m. Thus the award of Rs.6,000/- is wrong. It is further contended that the loss of income during treatment period and the loss of earnings should be recalculated at the minimum notional income.

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Learned counsel for the Respondent-Insurance company on the other hand makes two submissions. Firstly he submits that no officer of the Company-Orien Precast Pvt. Ltd. was produced to give evidence and the salary slip by itself cannot be taken. Secondly it is contended that the offending vehicle was not involved at all. In this behalf the learned counsel for

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the respondent-Insurance company seeks to rely upon documents Ex.R-1 and Ex.R-2 which are the hospital records to

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1 (2017) 16 SCC 680

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submit that it is stated therein that the death summary of Gopalgowda in Medico Legal Register states that the deceased Gopalgowda was a pillion rider, which differs from the version of the claimant. In addition it is contended that the vehicle hit the corner of the road and thus there was no involvement of the offending vehicle.

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The issue that arise for consideration before this court are:

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(i) Whether the Claimants were entitled to enhanced compensation?

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(ii) Whether the Insurance Company was liable to pay the amount?

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As stated above, the deceased Gopal Gowda was aged 30 years at the time of accident and unmarried. Thus 50% deduction would be required to be applied. The multiplier in terms of Sarala Verma vs. Delhi Transport Corporation²

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and Pranay Sethi case would be 17. Given his age, and the fact that the deceased Gopalgowda was working in a private firm, future prospects would required to be added at 40%. The

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2 (2009) 6 SCC 121

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HC-KAR

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loss of consortium which has also not been awarded is to be awarded at Rs.80,000/- since the deceased was survived, by his parents.

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So far as the income of the income of the deceased Gopalgowda is concerned, in the salary slip Ex.P-18 dated 06.06.2013 sets out the name of the company as well as the date and also the fact that the gross salary of Gopalgowda was Rs.9,190/- while the net salary was Rs.8,443/-. The said salary slip was exhibited as Ex.P-18 and the same is extracted below:

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================================================================== ON PRECAST PRIVATE LIMITED K.G. Gollarapalya, Ramanagara Tq., B’lore- Salary Slip (01-05-2013 to 31-05-2013) Paid on 06-06-2013

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================================================================== 2165_OR GOPAL GOWDA Basic & DA: HRA: TA: WA: INCENTIVE GROSS TOT#DAYS OT Hrs.:00

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5720.00 2070.00 700.0 700.00 0.00 9190.00 31.00

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Present:	26.0	Sunday:	4.0	Holiday:	1.0	Leave:	0.0	Absent: 0.0
Basic & DA	HRA	TA	WA	OT	INCENTIVE	GR	OSS	SIGNATURE
5720.00	2070.00	700.00	700.00	0.00	0.00	91	90.00
ESI	PF	PT	Advance	Sal.Adv.	Med. Ins. Policy	Oth. Ded. /IT	Tot.Ded.	NET PAID
0.00	686.00	0.00	0.00	0.00	61.00	0.00	747.00	8443.00

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=============================================================================

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HC-KAR

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14.1 In addition the Motor Vehicle Accident R e port dated 06.06.2013 Ex. P -6, in para 5 shows the det a ils of the involvement of t wo vehicles which matches the d e scription of the vehicles in t h e present case. Thus there can be no question raised on the in v olvement of the insured vehicle. T he report is

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set out below:

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14.2. The Inquest Report also which is exhibited as Ex.P9 also

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refers to two vehicles being involved in the collusion. The relevant translated extract of Ex.P9 is set out below:

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“Inquest report conducted in Cr. No.171/2013 registered under Sec.279, 337 and 304(A) IPC by the Kanakapura Town Police Station in respect of the dead body of V. Gopalagowda S/o. Venkataramegowda at ICU ward in D. G. Hospital on 07.06.2013 under Sec. 174 Cr.P.C.

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I. (1) V. Reddiyappa S/o. Varadappa, 28 years, cast by Vakkaliga, R/at: M. Bayyappanahalli, Bairakuru Hobli, Mulabagilu Taluk, Kolar District.

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(2) Lakshminarayana S/o. Venkataramachary, 29 years, Achar Cast, Mason, R/at: Bayyappanahalli, Bairakuru Hobli, Mulabagilu Taluk, Kolar District.

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(3) B. S. Nagaraju, S/o. Peddanagappa, 46 years, Vakkaliga, R/at: Bayyappanahalli, Bairakuru Hobli, Mulabagilu Taluk, Kolar District.

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II. Name of the deceased: V. Gopalagowda. Male, 26 years, Vokkaliga. Present employment-Orient Private Limited, Near Ganalu, Kasaba Hobli, Kanakapura Taluk. Native: Bayyappanahalli, Bairakuru Hobli, Mulabagilu Taluk, Kolar District.

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III. The duty doctor of D. G. Hospital ICU ward, Dr. Rizwan Alikhan has stated that he has seen the death of Gopala Gowda on 06.06.2013 at 9.05 p.m.

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IV. Sri. Nagaraju S/o. Doddanagappa, the uncle of the deceased has stated that on 02.06.2013 at 9.30 p.m. when the deceased V. Gopalagowda was proceeding in KA-05-AF-5424 along with Boopal, he was hit by another biker in KA-42-5314 and on account of head injury, he was hospitalized. Sri. Nagaraju has seen the deceased in the hospital while he was alive”.

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[Emphasis supplied]

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HC-KAR

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In addition the challenge raised by the respondentInsurance Company on the involvement of vehicle as contented by the learned counsel for the appellant, the learned Trial Court has confirmed the involvement of the vehicle relying on the examination of RW-4 who appeared before the learned Trial Court. Para 15 in this behalf of the Impugned Judgment is set out below:

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“15. Respondent No.3 in MVC 4269/2013 and respondent No.1 in MVC 482/2016, Jayaram, the R.C. owner of the alleged offending vehicle has categorically contended in his written statement stating that accident in question has taken place on account of carelessness and negligent act on the part of the deceased and rider Boopalan and there is no negligence on his part in causing accident. In order to substantiate said defence, respondent –

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Jayaram is examined as R.W.4, who in his affidavit evidence has reiterated similar to his written statement averments. However, he admits his ownership and that he was driver of the said alleged offending vehicle at the time of accident having valid driving licence and said vehicle was insured with United India Insurance Company . In addition to his ocular evidence, R.W.4 has produced documents such as Driving licence, RC and Insurance policy marked respectively at Ex.R.5 to Ex.P.7. During the course of his cross-examination R.W.4 has deposed that criminal case is pending against him pertaining to this accident and that he has not challenged the charge sheet filed against him”.

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[Emphasis supplied]

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On examination of Ex.R-1 and Ex.R-2 which is the Medico

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Legal Register and the death summary sets out that the vehicle hit the corner of the road. The relevant extract of Ex.R-1 is as below:

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“Patient came to our hospital with alleged H/o RTA at Kanakapur to Ramnagar main road at 10.00 pm on 2.6.2013 while patient riding two wheeler vehicle hitted to corner of a road”

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The Relevant extract of Ex.R-2 is as below:

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“ DEATH SUMMARY

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Name: Gopal Gowda Age : 28 years Sex: Male Bed No. : ICU Hospital No. : 38776 IP No. : 25195 Date of Admission: 03.06.2013 Date of Operation : 04.06.2013 Date of Death : 06.06.2013

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Consultant : Dr.Suresh.H.S.[Neuro Surgeon] Cause of death :SEVERE HEAD INJURY WITH LEFT FRONTOPARIENTAL SDH

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Procedure Done : Craniotomy [left fronto pariental craniotomy and evacuation of AC SDH] done on 04.06.2013 under GA

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Patient came to the hospital with he alleged history of RTA at Kanakapura to Ramanagar main road at around 10PM on 02.06.2013. Patient was pillion rider on a 2 wheeler which hit to the corner of road . History of left ear bleed. Initially patient was taken to Kanakpura government hospital and referred to our hospital for further management.”

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[Emphasis supplied]

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NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 HC-KAR AND 1 OTHER

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Learned counsel for the respondent has contended that

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these documents have to be taken into consideration by the Court and they do not set out that a collision happened. The Medico Legal Register as well as the death summary report have to be considered for the purpose of injury and other related medical conditions to purely rely on the same for the purpose of history of the accident is not sustainable. In any event, that the patient who was a rider on a two wheeler which hit “corner of the road” would also not make logical sense. The death summary Ex.R-2 sets out the name of Gopalgowda and states that he was pillion rider, when concededly he was not. The Medico Legal Register discusses hitting of the vehicle to the corner of the road. However once the report of the police authorities which is on record which shows a collision and the owner of the offending vehicle (RW-4) gives evidence to state that there was no rash and negligent driving on his behalf, it would clearly mean the vehicle was involved in the accident. Thus submissions of the Insurance Company that the vehicle was not involved in the accident cannot be accepted.

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22 - NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 HC-KAR AND 1 OTHER

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In addition, since documentary evidence was produced

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with respect to the salary of the deceased which reflected a monthly post tax deduction income of Rs.8,500/- per month as is set out above, the learned Trial Court erred in awarding only Rs.6,000/- as the monthly income of the deceased Gopalgowda and the net income Rs.8,500/- should be taken as his monthly income.

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18.1. In so far as concerns the compensation to be awarded to the injured Boopalan, the income has to be calculated as per the Notional Income fixed at Rs.8,000/-per month.

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Accordingly, in view of the aforegoing discussion, the awards of compensation is enhanced in the following terms:

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In M.F.A.No.845/2019 (MVC No.4269/2013)-

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Case of death

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Sl.No.	Particulars	Amount (Rs.)
01	Loss of dependency (8,500 + 40%)X50%X17	12,13,800-00
02	Loss of estate	15,000-00
03	Funeral and obsequies expenses	15,000-00
04	Medical bills	1,10,700-00

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NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 AND 1 OTHER

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HC-KAR

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05	Loss of consortium	80,000-00
	Total	14,34,500-00
	Compensation awarded by the	9,97,500-00
	Tribunal
	Enhanced compensation	4,37,000

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In M.F.A.No.5416/2019 (MVC No.482/2016)

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Case of injured

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Sl.No.	Particulars	Amount (Rs.)
01	Pain and agony	60,000-00
02	Loss of income during treatment period (7X8000)	56,000-00
03	Loss of earning (8000X12X17) X10%	1,63,200-00
04	Medical expenses	1,30,250-00
05	Loss of amenities	50,000-00
	Total	4,59,450-00
	Compensation awarded by the Tribunal	3,94,650-00
	Enhanced compensation	64,800-00

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The following directions are passed:

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NC: 2026:KHC:639 MFA No. 5416 of 2019 C/W MFA No. 8290 of 2018 MFA No. 8291 of 2018 AND 1 OTHER

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HC-KAR

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ORDER

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(i) MFA No.845/2019 and MFA No. 5416/2019 are allowed. MFA No.8290/2018 and MFA No.8291/2018 are dismissed.

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(ii) The Impugned Judgment and Award dated 10.08.2018 in MVC No.4269/2013 and MVC No.482/2016 passed by the learned VII Addl. Judge & XXXII ACMM, Court of Small Causes, Bangalore, is modified to the extent that enhanced compensation is awarded in a sum of Rs. 14,34,500/- in the case of Gopalgowda and enhanced compensation in a sum of Rs.4,59,450/- is awarded in the case of Boopalan along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to the compensation that has been awarded by the Tribunal.

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