SRI SHIVAPPA v. MOHAMMED JAFFAR

(BY SRI. ANJANEYA M., ADVOCATE) AND:

1. MOHAMMED JAFFAR S/O. ADAMSAB KOLAGI, AGE. 44 YEARS, OCC. BUSINESS, R/O. GANESHPUR, CHIGALLI, TQ. MUNDGOD, DIST. UTTAR KANNADA-581349. - 2 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR

2. SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA, JAIPUR, RAJASTHAN-3020022, RPTD. BY ITS INCHARGE MANAGER, BRANCH OFFICE, DESAI CROSS, HUBBALLI-580029. …RESPONDENTS (BY SRI. SURESH S.GUNDI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED AND ENHANCED THE COMPENSATION IN THE JUDGMENT AND AWARD DATED 23.03.2022 PASSED IN MVC NO.801/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN MFA NO.102112/2022 BETWEEN: SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, SITAPURA INDUSTRIAL AREA, JAIPUR, RAJASTHAN-3020022 RPTD BY ITS INCHARGE MANAGER, BRANCH OFFICE, DESAI CROSS, HUBBALLI-580023. (BY SRI. SURESH S.GUNDI, ADVOCATE) AND:

1. SHIVAPPA YELLAPPA MUDENNAVAR, AGE. 69 YEARS, OCC. NIL, ...APPELLANT - 3 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR R/O. ADARGUNCHI, TQ. HUBBALLI, DIST. DHARWAD-580024.

2. ROOPA D/O. SHIVAPPA MUDENNAVAR, AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. ADARGUNCHI, TQ. HUBBALLI, DIST. DHARWAD-580024.

3. MOHAMMED JAFFAR S/O. ADAMSAB KOLAGI, AGE. 44 YEARS, OCC. BUSINESS, R/O. GANESHPUR, CHIGALLI, TQ. MUNDGOD, UTTAR KANNADA-581349. (OWNER OF THE LORRY BEARING REG. NO.KA-27/B-0515) ...RESPONDENTS (NOTICE TO R3 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE/MODIFY THE JUDGMENT DATED

23.03.2022 PASSED IN MVC NO.801/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI AND ETC.,. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR ORAL JUDGMENT Aggrieved by the award passed in MVC.No.801/2018 dated 23.03.2022 by the II Additional Senior Civil Judge and Additional MACT, Hubballi, both the claimants as well as the Insurance Company are before this Court. The claimants’ appeal is MFA.No.104374/2022 and the Insurance Company’s appeal is MFA.No.102112/2022.

2. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded

1. Loss of consortium : Rs. 40,000/-

2. Loss of Love and : Rs. 50,000/- Affection

3. Loss of Estate

4. Funeral expenses

5. Expenses of transportation of dead 15,000/- 15,000/- : Rs. : Rs. : Rs. 5,000/-

6. Loss of dependency : Rs. 8,71,200/- TOTAL : Rs. 9,96,200/-

3. Learned counsel appearing for the claimants submits that the Tribunal had considered the income of the deceased at - 5 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR Rs.9,000/- per month instead of Rs.11,750/- per month and granted the compensation. It is submitted that under all heads, the compensation needs to be enhanced. As far as the liability is concerned, just because there is no driving license to the driver of the offending vehicle, the liability is fixed on the owner of the vehicle. It is submitted that the principle of pay and recover will apply.

4. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly fixed the liability on the owner of the vehicle and rightly granted the compensation. However, it is submitted that the interest is granted at the rate of 9% p.a. and the same needs to be reduced.

5. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, considering the fact that there is no driving license and in the light of the law laid down by the Hon’ble Apex Court in case of National Insurance Company Limited Vs. Swaran Singh And Others 1 still the 1 (2004) 3 SCC 297 - 6 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle.

6. Coming to the compensation, this accident had taken place in the year 2018. As per the chart prepared by the Karnataka State Legal Services Authority, the income of the deceased has to be taken at Rs.11,750/- per month. The deceased was 54 years old and 10% future prospects will come to an amount of Rs.1,175/-. Then the income will come to an amount of Rs.12,925/-. As there are two dependants, 1/3rd has to be deducted towards personal expenses i.e., Rs.4,308/- and his contribution to the family will come to an amount of Rs.8,617/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.11,37,444/- (Rs.8,617x12x11). Towards loss of consortium, this Court is granting an amount of Rs.96,000/- (Rs.48,000x2). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-.

7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 7 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.

8. The claimants are therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court

1. Loss of consortium : Rs. 40,000/- 96,000/-

2. Loss of Love and : Rs. 50,000/- Affection

3. Loss of Estate

4. Funeral expenses

5. Expenses of transportation of dead body : Rs. : Rs. : 00/- 00/- 15,000/- 15,000/- 36,000/- Rs. 5,000/- 00/-

6. Loss of dependency : Rs. 8,71,200/- 11,37,444/-

7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 9,96,200/- 12,79,444/-

9. Altogether, the claimants are entitled for compensation of an amount of Rs.12,79,444/-.

10. Accordingly, MFA.No.104374/2022 filed by claimants is partly allowed by enhancing the compensation from an amount of Rs.9,96,200/- to Rs.12,79,444/- and the 2 (2014) 11 SCC 178 - 8 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR Insurance company shall pay the compensation and recover the same from the owner of the vehicle.

11. MFA.No.102112/2022 filed by Insurance Company is partly allowed by reducing the interest from 9% p.a. to 6% p.a. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transferred to the Tribunal. iii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and shall recover the same from the owner of the vehicle. On such deposit, the claimants are entitled to withdraw the amount as per the award. iv. The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v. On 15.11.2023, the delay of 158 days in filing MFA.No.104374/2022 is condoned by this Court, on the condition that the claimants will not be entitled for interest for the delayed period. - 9 - NC: 2026:KHC-D:2131 MFA No. 104374 of 2022 C/W MFA No. 102112 of 2022 HC-KAR Hence, the Insurance Company is not liable to pay the interest for the delay period. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 2 Sl No.: 118