O. LATE B v. RAGHAVENDRA, MAJOR, TEACHER, G.H. P. SCHOOL, AGASANAKALLU, CHITRADURGA TALUK
Case Details
- 1 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO. 2116/2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 414/2022 (MV-D) C/W Digitally signed by ROOPA R U Location: High Court of Karnataka IN MFA No. 2116/2021 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE, CO. LTD., MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, P.B. ROAD, CHITRADURGA-577 501. REP. BY ITS MANAGER LEGAL, NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001. (BY SRI. D VIJAYAKUMAR.,ADVOCATE) AND: 1. SRI. K. VASUDEVA REDDY S/O. LACHANNA, AGED ABOUT 76 YEARS, 2. SMT. R. G. SANJEEVAMMA W/O. K. VASUDEVA REDDY, AGED ABOUT 73 YEARS, BOTH ARE RESIDING AT …APPELLANT - 2 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 VENKATESHWARA NILAYA, 2ND CROSS, MUNICIPAL COLONY, KELAGOTE, CHITRADURGA-577 501. 3. SRI. N. P. PRASANNA KUMAR S/O. PAPAIAH, MAJOR, OWNER OF OMNI CAR BEARING NO. KA-17-N-2031, R/AT VALMIKI BEEDI, BANK COLONY, TURUVANUR ROAD, CHITRADURGA-577 517. 4. SMT. S. K. LATHA W/O. LATE B. V. RAGHAVENDRA, MAJOR, TEACHER, G.H. P. SCHOOL, AGASANAKALLU, CHITRADURGA TALUK-577 502. 5. K. R. SHRUNGA D/O. LATE B. V. RAGHAVENDRA, AGED ABOUT 21 YEARS, M.B.B.S. STUDENT, 6. K. R. SHRAVANI D/O. LATE B. V. RAGHAVENDRA, AGED ABOUT 15 YEARS, 8TH STANDARD STUDENT,
Legal Reasoning
Report and charge sheet. There is no dispute that RW.1/wife of deceased filed complaint against the driver of the aforesaid car. It is true that she is not the eye witness to the accident. But the Police on such complaint, after thorough investigation filed the charge sheet as per Ex.P8 against the driver of the Car alleging that accident occurred due to his rash and negligent driving. Respondent No.1 owner of the car did not dispute the allegation/evidence regarding actionable negligence on the part of driver of Car. Insurer failed to rebut the aforesaid evidence. Therefore, Tribunal was justified in holding that on 25.08.2018 at 11.30 p.m. driver of Car bearing No.KA-17/N-2031 driving the said car in a rash and negligent manner hit B.V.Raghavendra when he was proceeding on his motor cycle and caused his death. Reg: Quantum/Point No.(ii) : 16. Claimants contended that deceased was working as lecturer in Vishwamanava Composite PU College, Seebara and was earning Rs.51,630/- but to establish that they relied on the - 13 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 evidence of PW.2 and Ex.P13/ salary certificate. P.W.2./Assistant Principal of said College herself in the cross- examination states that deceased was appointed in the said college in the year 2011 as a part time lecturer and his services were confirmed on 01.08.2018. In the cross-examination she states that after confirmation of service as permanent Lecturer his salary was Rs.51,630/-. She has further stated in her chief- examination that in August 2018, B.V.Raghavendra worked only for 25 days and salary of Rs.41,637/- was credited to his account. In her cross-examination she admits that no records were maintained in their college for their appointment in the said college since 2011. She admits in July 2018 salary of the deceased was Rs.33,630/-. She admits that services of PW.2 and B.V.Raghavendra were confirmed by resolution dated 30.07.2018. The document produced is only memorandum bearing No.9/2018-2019 dated 30.07.2018, purportedly signed by the Secretary of the said Educational institution and certified by PW.2. 17. It is needless to say that if any resolution is passed by any institutions or organization there will be a resolution book and resolution will be signed by members who attended - 14 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 the meeting. In this case no such resolution book containing signatures of such members who attended the meeting in which the decision was taken to confirm the services of deceased was produced. Even Secretary of the said institution was not examined. Under these circumstances, the Tribunal was in error in relying on Ex.P13 -salary certificate, more particularly, in the light of the admission of PW.2 that they were earning Rs.33,630/- as salary. Therefore, the income has to be considered as Rs.33,630/-. Out of the said income Rs.200/- has to be deducted towards professional tax. Therefore his monthly income would be Rs.33,430/-. 18. As per driving licence/Ex.P12 the date of birth of deceased was 20.02.1972. The accident occurred on 25.08.2018. Therefore, as on the date of accident he had completed 46 years. the Tribunal committed error in ignoring the Ex.P12 in considering the age of the deceased. Therefore, his age has to be construed as 46 years. 19. Having regard to the nature of the employment of the deceased, in view of the judgment in the National - 15 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 Insurance Company Limited vs. Pranay Sethi1, 25% has to be added to his income by way of future prospects which amounts to Rs.8,357.5 rounded of to Rs.8,358/-. Therefore, his monthly income would be Rs.41,788/- (Rs.33,430+ Rs.8,358). His annual income Rs.41,788 X 12=Rs.5,01,456/-. As per Finance Act, 2018 the tax payable thereon is Rs.12,791/-. Therefore, income available to the family is (Rs.5,01,456- Rs.12,791=)Rs.4,88,665/- rounded off to Rs.4,89,000/-. Applicable multiplier is 13. 20. The parents of the deceased were about 70 years. Wife of the deceased was employed in private institution as a teacher. They have to be treated as dependants of deceased. In terms of the law laid down by Apex Court in Pranay Sethi's case referred to supra, 1/4th has to be deducted towards personal expenses. Therefore, compensation payable towards loss of dependency is Rs.4,89,000X 3/4 = Rs.3,66,750/- X 13= Rs.47,67,750/-. 21. In terms of the law laid down by the Apex Court in the cases of Pranay Sethi referred to supra and Magma 1 AIR 2017 SC 5157 - 16 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 General Insurance Company Ltd., vs. Nanu Ram2, the claimants are entitled to Rs.40,000/- under the head consortium with escalation of 10% for every block period of three years. 22. Though claim petition was allowed in the year 2021 and amount deposited before this Court, counsel for the Insurer opposed the release of the amount. Therefore, claimants have not received any compensation. The claimants are entitled to two revisions on the compensation payable on the head of consortium which comes to Rs.2,40,000/- (48,000 X 5). Similarly on the conventional heads of funeral expenses and loss of estate they are entitled to Rs.15,000/- + Rs.15,000/- with escalation 10% for every three years which comes to Rs.36,000/- (18,000 + 18,000). In view of the above discussion, the just compensation payable is as follows: Sl. No. 1 2 3 4 Head of compensation Loss of dependency Loss of consortium Funeral expenses Loss of estate Total Awarded by Tribunal Reduced by Amount in (` ) 47,67,750.00 2,40,000.00 18,000.00 18,000.00 50,43,750.00 83,43,614.00 32,99,864.00 2 2018 (18) SCC 130 - 17 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 23. For the above reasons, both appeals deserve to be allowed in part. Hence, the following;
Arguments
SINCE THE RESPONDENT NO.6 IS MINOR, REP BY HER MOTHER AND NATURAL GUARDIAN, SMT. S. K. LATHA, RESPONDENT NO.4, RESPONDENT NO.4, 5 AND 6 ARE R/AT NANDAN NILAYA, 1ST CROSS, BANK COLONY, TURUVANUR ROAD, CHITRADURGA-577 501. 7. THE PRINCIPAL VISHWAMANAVA COMPOSITE PRE-UNIVERSITY COLLEGE SEEBARA-GUTTINADU - 3 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 INAHALLI POST CHITRADURGA DISTRICT - 577 502. (BY SRI. SPOORTHY HEGDE N.,ADVOCATE FOR R1, R2, R4 TO R7; R6 MINOR REPRESENTED BY R4) R3-SERVED UNREPRESENTED) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 19.02.2021, PASSED IN MVC NO.92/2019, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE HOLDING CONCURRENT CHARGE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.IV, CHITRADURGA, AWARDING COMPENSATION OF RS.83,43,614/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 414/2022 BETWEEN: 1. K. VASUDEVA REDDY S/O LACHANNA AGED ABOUT 74 YEARS RETIRED TEACHER 2. SMT R G SANJEEVAMMA W/O K VASUDEVA REDDY HOUSEWIFE AGED ABOUT 72 YEARS BOTH ARE RESIDENTS OF VENKATESHWARA NILYA, 2ND CROSS, MUNICIPAL COLONY KELGOTE CHITRADURGA. 3. SMT S K LATHA W/O LATE B V RAGAVENDRA MAJOR, TEACHER G H P SCHOOL AGASANAKALLU, CHITRADURGA TALUK. 4. K R SHRUNGA D/O LATE B V RAGAVENDRA AGED ABOUT 19 YEARS M B B S STUDENT - 4 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 5. K R SHRAVANI D/O LATE B V RAGAVENDRA AGED ABOUT 13 YEARS 8TH STD STUDENT APPELLANT NO.5 MINOR REPRESENTED BY GUARDIAN HER NATURAL MOTHER SMT. S K LATHA 3RD APPELLANT RESPONDENTS NO.3, 4 AND 5 ARE R/AT NANDANA NILAYA 1ST CROSS BANK COLONY TURUVANUR ROAD CHITRADURGA. (BY SRI. SPOORTHY HEGDE N.,ADVOCATE) ...APPELLANTS AND: 1. RELIANCE GENERAL INSURANCE CO LTD REP BY ITS MANAGER MAGANUR COMMERCIAL COMPLEX NEAR KSRTC BUS STAND, P B ROAD CHITRADURGA-577 001. 2. N P PRASANNA KUMAR S/O PAPAIAH MAJOR OWNER OF OMNI CAR BEARING REG NO.KA-17/N-2031 R/O VALMIKI BEEDI BANK COLONY TURUVANUR ROAD CHITRADURGA-577 001. (BY SRI. D VIJAYAKUMAR.,ADVOCATE FOR R1; V/O DATED 27.05.2022 NOTICE TO R2 IS DISPENSED WITH) ...RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.02.2021 PASSED IN MVC NO. 92/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, HOLDING CONCURRENT CHARGE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 THESE APPEALS, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) These appeals arise out of the judgment and award in MVC No.92/2019 passed by the I Additional Senior Civil Judge and Addl. MACT No.IV, Chitradurga (Tribunal for short). By the impugned award the Tribunal has partly allowed the claim petition of parents of B.V.Raghavendra and awarded compensation of Rs.83,43,614/- with interest thereon at 6% p.a. payable by the respondent No.2/Reliance General Insurance Company. 2. MFA No.2116/2021 is filed by the Insurer/Respondent No.2 and MFA No.414/2022 is filed by the claimants-parents, widow and children of deceased B.V.Raghavendra. 3. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the Tribunal. - 6 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 4. On 25.08.2018 at 11.30 p.m., when B.V. Raghavendra was proceeding on his motor cycle bearing registration No.KA-16/EG-5280, he met with an accident and died on the spot. On the complaint/Ex.P2 filed by R.W.1/wife of the deceased, Chitradurga Rural Police registered FIR in Crime No.299/2018 against the driver of a car bearing registration No.KA-17/N-2031. On investigation the said police filed charge sheet/Ex.P8 alleging that when B.V.Raghavendra was proceeding on his motor cycle, the driver of the car bearing No.KA-17/N-2031 drove the same in rash and negligent manner and in a high speed, hit the motor cycle from the hind side and caused his death. It was further alleged that after causing accident he fled away. The charge sheet was filed under Section 279, 304(A) of IPC and under Section 134(B) of MV Act, 1988. 5. Parents of deceased B.V.Raghavendra filed MVC No.92/2019. In the said claim petition wife and children were arrayed as respondent Nos.3 to 5. Registered owner and insurer of car bearing registration No.KA-17-N-2031 were arrayed as respondent Nos.1 and 2 respectively. Claimants contended that death of B.V Raghavendra occurred due to - 7 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 actionable negligence on the part of driver of the car. B.V.Raghavendra was working as a Chemistry Lecturer in Vishwamanava Composite PU College, Seebara, Chitradurga and was earning salary of Rs.51,630/-. They contended that in addition to his employment he was doing private tuitions and earning Rs.20,000/- p.m. and they were depending on his income due to his death, they have suffered financially and emotionally. They claimed compensation of Rs.1,06,00,000/- from respondent nos. 1 and 2. 6. Respondent No.1 though appeared through his counsel, did not contest the case. Respondent No.2/Insurer contested the petition denying the occurrence of the accident, involvement of the vehicle in the accident, rash and negligent driving of the Car by respondent No.1 leading to the accident, age, occupation and income of the deceased and its liability to pay compensation. 7. Before Tribunal on behalf of the claimants, claimant No.1 was examined as PW.1, Assistant Principal of the College was examined as PW.2. and Ex.P1 to Ex.P18 were marked. On behalf of the respondents, Respondent No.3/wife of deceased was examined as R.W1 and representative of Insurance - 8 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 Company was examined as R.W.2 and Ex.R1 to R8 were marked. 8. The Tribunal on hearing the parties by impugned award held that death of B.V.Raghavendra occurred due to the actionable negligence on the part of driver of the Car bearing No.KA-17-N-2031. Tribunal relying Ex.P13/salary certificate assessed income of the deceased as Rs.51,630/- p.m. considered his age as 45 years, deducted Rs.200 from the income of the deceased towards professional tax, added 30% to the same by way of future prospects, deducted 1/4th out of his income for his personal expenses, applied 14 multiplier and awarded Rs.81,13,614/- on the head of loss of dependency. The Tribunal in all awarded compensation of Rs.83,43,614/- on different heads as follows; Sl.No. 1. 2. 3. 4. 5. 6. Head Towards loss of dependency Towards loss of estate Towards funeral expenses Spousal Consortium Parental Consortium Filial Consortium Amount Rs.81,13,614 Rs.15,000 Rs.15,000 Rs.40,000 Rs.80,000 Rs.80,000 Total Rs.83,43,614/- 9. The Tribunal held that the said compensation shall carry interest at 6% pa., and payable by respondent No.2/insurer. - 9 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 10. Questioning the adequacy of the compensation awarded, the claimants have preferred MFA No.414/2022 and questioning the finding regarding involvement of the insured vehicle in the accident and quantum of compensation, the insurer has preferred MFA No.2116/2021. Submissions of Sri.D.Vijayakumar, learned counsel appearing for the Insurer: 11. That records more particularly Ex.P7 IMV report show that deceased himself was negligent while riding motor cycle. The deceased was riding motor cycle under the influence of alcohol, claimants’ own document Ex.P12 shows that at the time of death of deceased was aged about 46 years. Ex.P13 – salary certificate was not a genuine document. The records produced by the Principal, Vishwamanava Composite PU College, Seebara clearly show that services of PW.2 and deceased were purportedly confirmed under resolution dated 30.07.2018. But there were no other documents to show that alleged confirmation was sent to any authorities. That document is concocted document for the purpose of this case. Therefore, the tribunal erred in considering income of the deceased at Rs.51,630/- p.m. and the age of the deceased as - 10 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 45 years. Admittedly, claimants who are parents of the deceased were not residing with him. Therefore, they cannot be considered as dependents. Therefore, 1/3rd to be taken while calculating personal expenses. Compensation awarded under all heads are on higher side. Claim petition should have been dismissed. Submissions of Sri. Spoorthy Hegde, learned counsel for the claimants/legal representatives of deceased: 12. That on thorough investigation charge sheet was filed against the driver of the Car. To rebut that no acceptable evidence was adduced by respondent No.2/Insurer. Therefore, Tribunal was justified in holding that the accident and death of the deceased was on account of rash and negligent driving on the part of the driver of the Car. Evidence of PW.2 shows that herself and deceased were working as Lecturers in Vishwamanava Composite PU College, Seebara and their services were confirmed. As on the date of accident deceased was drawing monthly salary at Rs.51,630/-. Therefore, Tribunal is justified in accepting the same. Though the parents of the deceased were living separately, they are aged 70 years and they were dependent on the income of the deceased. There - 11 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 was no record to disbelieve of the evidence of the claimants that they were dependent on the income of the deceased. Income of the deceased considered by the Tribunal is just and proper. Tribunal ought to have given escalation of 10% on the compensation awarded on the conventional heads. 13. On examining the submissions of both side and material on record, the points that arise for consideration are: i. Whether the finding of the Tribunal that on 25.08.2018 at 11.00 pm., B.V.Raghavendra met with an accident leading to his death due to rash and negligent driving of the Car bearing No.KA- 17/N-2031 is sustainable? ii. Whether the compensation awarded is just one? Reg. Point No.(i) : Analysis 14. Claimants contended that when B.V. Raghavendra was proceeding on his motor cycle bearing No.KA-16/EG-5280 near Shamarao Badavane on NH-13 road, driver of the Omni Car No. KA-17/N-2031 driving the said Car in rash and negligent manner, hit the motor cycle of B.V. Raghavendra and caused his death. - 12 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 15. To prove their allegations, claimants relied on the evidence of PWs.1 and 2 and Exs.P1 to P8 i.e., FIR, Complaint, PM Report, MLC extract, Inquest Report, Spot Mahazar, IMV
Decision
ORDER i. The appeals are allowed in part. ii. The award in MVC No.92/2019 passed by the I Additional Senior Civil Judge & Addl. MACT-IV, Chitradurga, is modified as follows: a. The claimants are entitled to compensation of `50,43,750.00 with interest at 6% p.a., from the date of petition till date of realization; b. Respondent No.2 – insurer shall deposit the aforesaid compensation before the Tribunal with accrued interest, on adjusting the amount already deposited, if any, within four weeks from the date of receipt of copy of this order; c. On such deposit, the Tribunal shall digitally release the amount to claimant Nos.1 and 2, respondent Nos. 3 and 4 as per their shares in terms of the award of the Tribunal on furnishing required documents. - 18 - NC: 2025:KHC:13857-DB MFA No. 2116 of 2021 C/W MFA No. 414 of 2022 d. Tribunal shall invest the shares of compensation of respondent No.5 in Fixed Deposit in any nationalized/scheduled bank of the choice of the claimant till she attains majority; iii. The amount in deposit, if any and TCR shall be transmitted to the Tribunal forthwith. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 26