The High Court
Case Details
- 1 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7403 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2772 OF 2018 (MV-D) IN MFA No. 7403/2017 BETWEEN: NATIONAL INSURANCE CO. LTD., MANJUNATHA COMPLEX, OLD BUS STAND ROAD, HASSAN, BY ITS DIVISIONAL MANAGER, NOW BY ITS REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE-560 001 BY ITS AUTHORISES SIGNTORY. (BY SRI. B.A.RAMAKRISHNA, ADVOCATE) …APPELLANT AND: 1. SMT.LAKSHMAMMA W/O.LATE ERANNASHETTY, AGED ABOUT 49 YEARS 2. SMT.RUKMINI D/O LATE ERANNASHETTY, AGED ABOUT 34 YEARS 3. SRI HEMARAJAU @ SWAMY S/O LATE ERANNASHETTY, AGED ABOUT 32 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018
Legal Reasoning
4. SRI. MANJUNATH S/O LATE ERANNASHETTY, AGED ABOUT 30 YEARS ALL ARE R/O.BELASINDA VILLAGE, KASABA HOBLI, CHANANRAYAPATNA TALUK, HASSAN DISTRICT PIN:573 116 5. MEER AREEF ALI S/O.MEER NAZIR ALI, AGED ABOUT 57 YEARS RAZA-A-GARIB SAMIL OWNER, RAMESHWAR LAYOUT, CHANANRAYAPATNA. ALSO AT R/AT.NEAR RAMA MANDIR, KEREBEEDHI, CHANNARAYAPATNA, HASSAN DISTRICT-573 116 (BY SRI.CHETHAN B., ADVOCATE FOR R1-R4 R5- SERVED AND UNREPRESENTED) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.01.2017 PASSED IN MVC NO.1054/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, OF CHANNARAYAPATNA, RS.11,34,579/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. COMPENSATION AWARDING IN MFA NO. 2772/2018 BETWEEN: 1. SMT LAKSHMAMMA W/O LATE ERRANNASHETTY AGED 50 YEARS 2. SMT RUKMINI D/O LATE ERRANNASHETTY AGED 35 YEARS 3. SRI HEMARAJU @ SWAMY S/O LATE ERRANNASHETTY AGED 33 YEARS - 3 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 4. SRI MANJUNATH S/O LATE ERRANNASHETTY AGED 31 YEARS ALL ARE RESIDENT AT, BELASINDA VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 116 (BY SRI. CHETHAN B., ADVOCATE) ...APPELLANTS AND: 1. MEER AREEF ALI S/O AREEF ALI S/O MEER NAZIR ALI, AGED ABOUT 58 YEARS R/A: RAZA - A-GARIB SAMIL OWNER, RAMESHWAR LAYOUT CHANNARAYAPATNA – 573 116 PRESENT ADDRESS R/AT NEAR RAMA MANDIRA KEREBEEDHI CHANNARAYAPATNA TOWN – 573 116 2. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED HERO VERTICAL 101106 BMC HOUSE, N1 CONNAUGHT NEW DELHI – 110 001 REPRESENTED BY DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED MANJUNATH COMPLEX, OLD BUS STAND ROAD, HASSAN – 573 201 (BY SRI.B.A.RAMAKRISHNA, ADVOCATE FOR R2 V/O/D 17/11/22 NOTICE TO R1 DISPENSED WITH) ...RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.01.2017 PASSED IN MVC NO.1054/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.1054/2015 dated 05.01.2017 by the Senior Civil Judge and JMFC Channarayapatna, both the claimants as well as Insurance Company are before this Court. Insurance Company's appeal is MFA.No.7403/2017 and the appeal of the claimants is MFA.No.2772/2018. 2. The claim petition is filed seeking compensation of an amount of Rs.28,00,000/- for the death of the deceased in the accident. It is the case of the claimant that on 26.09.2014 at about 8:30 p.m., when deceased was going from his village to market of Channarayapatna Town by walk on the left side of the road, at that time, rider of Hero High start bike has ridden the bike in a rash and negligent manner and dashed to the deceased. In the said accident, the deceased sustained grievous injuries to his head, nose and hands and his right leg was fractured and he sustained grievous injuries to other parts of body. He was taken to the Government hospital, - 5 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 Channarayapatna and on advice of doctors, when the deceased was being shifted to Mysore, he succumbed to the injuries on the way to the hospital. There are four claimants who are the wife, a married daughter, a married son and another son who is unmarried. According to the claimants, the deceased was doing agriculture work, mason work and milk vending and earning an amount of Rs.30,000/- per month. 3. The trial Court has held that the accident has taken place because of the rash and negligent driving of the rider of the Hero High start motor cycle and the same is insured with the Insurance Company and the Court held that the Insurance Company is liable to pay the compensation. When it comes to compensation, the trial Court had considered the income of the deceased at Rs.7,500/- per month and considered claimant Nos.1 and 4 as the dependents of the deceased and 1/3rd was deducted towards personal expenses and considered the net income at Rs.5,000/- and granted the compensation as per the table given below: Heads Compensation Awarded 1. Funeral Expenses 2. Medical Expenses : Rs. : Rs. 25,000/- 29,579/- - 6 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 3. Loss of Love and Affection 4. Loss of Estate 5. Loss of Consortium 6. Loss of Dependency : Rs. 1,00,000/- : Rs. : Rs. : Rs. 1,00,000/- 1,00,000/- 7,80,000/- TOTAL : Rs. 11,34,579/- 4. Altogether, the trial Court had granted compensation of an amount of Rs.11,34,579/-. Aggrieved thereby, Insurance Company has filed MFA.No.7403/2017 and the claimants have filed MFA.No.2772/2018. 5. In MFA.No.7403/2017 filed by the Insurance Company, an application is filed under Order 41 Rule 27 of CPC to show that the date of birth of the first claimant is 01.01.1963 and as per the Ration card of the deceased, which was issued on 10.04.2009, the age of the deceased is mentioned as 50 years and as on the date of the accident. Infact his age is 55 years and the proper multiplier is 11. But the trial Court had considered the age of the deceased as 49 years basing on the Election Identity card of the deceased. No objections were filed on the application filed under Order 41 Rule 27 of CPC. The contention of the learned counsel for the claimants is that his date of birth is 10.11.1965 and the Aadhar card of the wife - 7 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 shows that her date of birth is 01.01.1963. It is not even the case of the first claimant that she is elder to the deceased and no objections are filed. Considering the same, the application filed under Order 41 Rule 27 of CPC is allowed and basing on the Ration card of the husband, his age is taken as 55 years. Then coming to the income of the deceased, as there is no evidence available on record, the trial Court had taken an amount of Rs.7,500/- as income. As per the chart, as the accident has happened in the year 2014, this Court is inclined to take the income as an amount of Rs.8,500/- and the multiplier is 11. Coming to the loss of dependency, the trial Court had held that claimant Nos.1 and 4 are the dependents of the deceased. 6. Learned counsel appearing for the claimants had relied on the judgment of the Hon’ble Apex Court in case of Seema Rani and Others Vs. Oriental Insurance Company Limited and Others1, wherein the Hon’ble Apex Court had considered the major son and daughter as dependents of the deceased. Relying on this judgment, learned counsel submits that the trial Court ought to have considered all the four claimants as 1 2025 INSC 192 - 8 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 dependents of the deceased and ought to have granted the compensation. It is submitted that the Hon’ble Apex Court has also considered in case of National Insurance Company Limited Vs. Birendar and Others2. When it comes to the dependency, the judgments relied on by the learned counsel for the claimants either in Birendar's case or in Seema Rani's case referred supra, there is sufficient evidence to show that though the claimants are major, they are still depending upon the father, whereas in this case there is no such evidence. Hence, the judgments relied on by the learned counsel for the claimants do not apply to the facts and circumstances of this case. In the considered opinion of this Court, the trial Court had rightly considered the dependency. 7. Coming to the compensation, this Court is considering the income of the deceased at Rs.8,500/-. Considering his age, the future prospects is at 10% i.e., Rs.850/- and it would come to Rs.9,350/-. As there are two dependants, 1/3rd has to be deducted towards personal expenses i.e., Rs.3,116/- and contribution of the deceased to the family would come to an 2 AIR 2020 SC 434 - 9 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 amount of Rs.6,234/-. Hence, loss of dependency would come to an amount of Rs.8,22,888/- (Rs.6,234x12x11). The trial Court had granted medical expenses of an amount of Rs.29,579/- and no interference is called for. Towards loss of love and affection, this Court is granting an amount of Rs.1,76,000/- and towards funeral expenses, this Court is granting an amount of Rs.36,000/-. Altogether, it comes to an amount of Rs.10,64,467/-. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Funeral Expenses 2. Medical Expenses : Rs. : Rs. 25,000/- 29,579/- 36,000/- 29,579/- 3. Loss of Love and Affection 4. Loss of Estate 5. Loss of Consortium : Rs. 1,00,000/- 1,76,000/- : Rs. : Rs. 1,00,000/- 1,00,000/- 00/- 00/- 6. Loss of Dependency : Rs. 7,80,000/- 8,22,888/- TOTAL : Rs. 11,34,579/- 10,64,467/- Reduction : Rs. 70,112/- - 10 - NC: 2025:KHC:10394 MFA No. 7403 of 2017 C/W MFA No. 2772 of 2018 9. Accordingly, MFA.No.7403/2017 filed by the Insurance Company is partly allowed and the compensation is reduced from an amount of Rs.11,34,579/- to Rs.10,64,467/-. 10. MFA.No.2772/2018 filed by the claimants is dismissed. i. Amount in deposit shall be forthwith transmitted to the trial court. ii. Registry is directed to return the Trial Court Records to the trial Court, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1