The High Court
Case Details
- 1 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.7713 OF 2015(MV-D) MFA CROSS OBJECTION NO. 70 OF 2024 (MV-D) C/W IN MFA No. 7713/2015: BETWEEN: THE BRANCH MANAGER M/S. THE ORIENTAL INSURANCE COMPANY LIMITED KARAKALA BRANCH, MAIN ROAD, NEAR SIDDI MOTORS, KARKALA TALUK, THROUGH ITS REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI-580 020. REPRESENTED BY ITS REGIONAL MANAGER …APPELLANT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA (BY SRI. B. S. UMESH, ADVOCATE) AND: 1. SMT. GEETHA BALIGA, W/O. LATE MOHAN BALIGA AGED ABOUT 60 YEARS, RESIDING AT KAMAKSHI NILAYA, JAYANTHINAGAR, NEAR TALUK OFFICE, KARKALA KASABA VILLAGE, KARAKALA TALUK-574 104. 2. SRI.SAYYED JAHOOR S/O SAYYED ABDUL HAMEED, AGED ABOUT 29 YEARS, RESIDING AT HAMZA MANZIL, 5TH CROSS, BANLEGUDDE, KUKKUNDOOR POST, KARKALA KASABA VILLAGE, KARAKALA TALUK-576 117. - 2 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024
Legal Reasoning
No.927/2014, the Co-ordinate Bench of this Court has held that 'when only one dependant is there, the Tribunal ought to have taken deduction of 50% towards personal expenses of the deceased'. This Court is not able to appreciate the said submission of the learned counsel as in the said case, 50% of personal expenses is deducted in case of an unmarried person, the same cannot be applied to this case. Hence, 1/3rd has to be deducted towards personal expenses. If 1/3rd is deducted, it would come to Rs.2,833/- per month. Hence, loss of dependency would come to an amount of Rs.3,39,960/- 1 A i r 2 00 9 S C 3 10 4 - 7 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 (5666x12x5). Towards Loss of consortium an amount of Rs.44,000/-. Towards funeral expenses this Court is granting Rs.36,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads 1. Loss of dependency Compensation Awarded by the Tribunal Compensation Awarded by this Court : Rs. 363972/- 3,39,960/- : Rs. 10,000/- 44,000/- 2. Loss of consortium 3. Loss of love and affection 4. Loss of estate 5. Funeral expenses : Rs. 10,000/- 10,000/- : Rs. : Rs. 6. Transportation : Rs. 7. Legal Rs. : expenses 10,000/- 36,000/- 7,000/- - - 10,000/- - - TOTAL : Rs. 4,10,972/- 4,29,960/- Rounded of to : Rs. 4,10,970/- - 2 (2014) 11 SCC 178 - 8 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 (i) Accordingly, appeal of the Insurance Company is allowed in part by reducing the interest rate from 8% to 6% and the cross-objection of the claimant is allowed in part by enhancing the compensation from Rs.4,10,970/- to Rs.4,29,960/-. The Insurance Company is liable to pay the enhanced compensation and recover the same from the owner of the vehicle. (ii) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. (iii) The Insurance Company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. (iv) The amount in deposit shall be forthwith transferred to the Trial Court. (v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 9 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 (vi) No costs. (vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GVP List No.: 2 Sl No.: 3
Arguments
(BY SMT. ARCHANA MURTHY, ADVOCATE FOR SMT. RASHMI M.S., ADVOCATE FOR R1; SRI. PARASIDDA RAJ, ADVOCATE FOR R2) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.05.2015 PASSED IN MVC NO.127/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, AWARDING COMPENSATION OF RS.4,10,970/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA.CROB NO. 70/2024 BETWEEN: SMT. GEETHA BALIGA W/O LATE. K. MOHAN BALIGA, AGED ABOUT 69 YEARS, R/AT KAMAKSHI NILAYA, JAYANTHINAGAR, NEAR TALUK OFFICE, KARKALA KASBA VILLAGE, KARKALA TALUK. ...CROSS OBJECTOR (BY SMT. ARCHANA MURTHY, ADVOCATE FOR SMT. RASHMI M. S., ADVOCATE) AND: 1. SRI. SAYYED JAHOOR, S/O SAYYED ABDUL HAMEED, AGED 37 YEARS, R/AT HAMZA MANZIL, 5TH CROSS, BANGLEGUDDE, KUKKUNDOOR POST, KARKALA KASBA VILLAGE, KARKALA TALUK. - 3 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO., LTD., KARKALA BRANCH, MAIN ROAD, NEAR SIDDI MOTORS, KARKALA KASBA VILLAGE, KARKALA TALUK ...RESPONDENTS (BY SRI. PRASIDDARAJ, ADVOCATE FOR R1 SRI. B.S. UMESH, ADVOCATE FOR R2) THIS MFA.CROB IN FILED UNDER ORDER XLI RULE 22 OF THE CPC READ WITH SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.05.2015 PASSED IN MVC NO. 127/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KARKALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE MFA AND MFA.CROB, COMING ON FOR PART-HEARD, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.127/2015 dated 27.05.2015 by the Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Karkala, the Insurance Company is before this Court questioning the quantum as well as the interest that is awarded by the Tribunal and the liability. - 4 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 2. Brief facts of the case are that on 26.03.2014 at about 08:00 p.m., the deceased Mohan Baliga husband of respondent No.1 herein, while he was proceeding on the left side of Bangegudde - Pullkeri bypass road, at that time a two wheeler came in a rash and negligent manner and dashed against him, sustained grievous injuries and succumbed to the said injuries. 3. It is submitted by the learned counsel appearing for the appellant - Insurance Company that charge sheet is filed against the driver of the offending vehicle under Rule 3 of the Motor Vehicles Rules, 1989 (for short 'M.V. Rules'), which shows that this aspect was not considered by the Court even when they filed Revision Petition. It is submitted that 1/3rd is deducted by the Court and the compensation that is awarded by the Tribunal is on the higher side. 4. The claimant has filed cross-objection seeking enhancement of the compensation. It is submitted that the age of the claimant as per the PAN card is 72 years and as per the election identity card is 62 years and the Tribunal has considered 62 years. It is stated that the income taken by the - 5 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 Tribunal is on the lower side and as such the same needs to be enhanced. 5. The Tribunal had granted compensation as per the table given below: SL. No. 1. 3. 4. 5. 6. Heads Compensation Awarded Loss of dependency : Rs. 3,63,972/- Loss of consortium Loss of love and affection Loss of estate Funeral expenses 7. Transportation : Rs. : Rs. : Rs. : Rs. : Rs. 10,000/- 10,000/- 10,000/- 10,000/- 7,000/- TOTAL : Rs. 4,10,972/- Rounded of to : Rs. 4,10,970/- 6. Having heard the learned counsel on either side, perused the material on record. Coming to the aspect of negligence, Police have filed charge sheet against the driver of the offending vehicle under Rule 3 of M.V. Rules, which shows that the driver was not having valid driving licence. The Tribunal has failed to consider this aspect that the driver was not having valid driving licence, it amounts to violation of terms and conditions and the principle of pay and recover applies and - 6 - NC: 2025:KHC:17984 MFA No. 7713 of 2015 C/W MFA.CROB No. 70 of 2024 the Insurance Company is liable to pay and recover the same from the owner of the vehicle. 7. Coming to the compensation, this accident occurred in the year 2014, and this Court is inclined to take notional income at Rs.8,500/-. It is submitted by the learned counsel appearing for the Insurance Company that in the light of the law laid down in the case of Smt.Sarla Verma & Others. Vs. Delhi Transport Corpn And Another1, as wife is the only dependant, 50% has to be deducted. He submits that in MFA