IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.5630/2017 (MV) C/W MISCELLANEOUS FIRST APPEAL Nos.5627/2017, 5628/2017, 5629/2017, 5631/2017, 5632/2017, 5633/2017, 5634/2017, 5635/2017, 5636/2017 and 5637/2017 IN MFA NO.5630/2017 BETWEEN HARSHITHA J, D/O M JANARDHAN, AGED ABOUT 23 YEARS, RESIDING AT:
#4, 2ND FLOOR, 4TH CROSS, R A ROAD, NEXT TO SUNDARI MEMORIAL SCHOOL, EJIPURA VIVEKNAGAR, BANGALORE-560047.
... APPELLANT (BY SRI. N.S.BHAT, ADV.) AND 1. PRAVEEN G, S/O GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T DASARAHALLI BENGALURU-560057.
2. G K SURESH, MAJOR BY AGE, S/O KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T P HUB, NO.144, SHUBHARAM COMPLEX, M G ROAD, BENGALURU-560001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M.ARUN PONAPPA, ADV. FOR R3, R-1 AND R-2 ARE SERVED AND UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5524/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE COURT OF SMALL CAUSES, BENGALURU, SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5627/2017 BETWEEN 1. M JANRDHAN S/O LATE K MANIKYAM, AGED ABOUT 62 YEARS 2. R MANJULA W/O M JANARDHAN, AGED ABOUT 50 YEARS, BOTH APPELLANTS ARE RESIDING AT:
#4, 2ND FLOOR, 4TH CROSS, R A ROAD, NEXT TO SUNDARI MEMORIAL SCHOOL, EJIPURA VIVEKNAGAR, BANGALORE-560047.
(BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN G S/O GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T DASARAHALLI BENGALURU-560057.
2. G K SURESH, MAJOR BY AGE, S/O KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T P HUB, NO.144, SHUBHARAM COMPLEX, M G ROAD, BENGALURU-560001, BY ITS REGIONAL MANAGER.
(BY SRI. M ARUN PONAPPA, ADV. FOR R3, ... APPELLANTS ... RESPONDENTS R1 AND R2 ARE SERVED AND UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.04.2017 PASSED IN MVC NO.5521/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5628/2017 BETWEEN M. JANARDHAN S/O. LATE K. MANIKYAM AGED ABOUT 62 YEARS, RESIDING AT:
#4, 2ND FLOOR, 4TH CROSS, R A ROAD, NEXT TO SUNDARI MEMORIAL SCHOOL, EJIPURA VIVEKNAGAR, BANGALORE-560047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH, MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T P HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M ARUN PONAPPA, ADV. FOR R3, SRI. R.ANILKUMAR, ADV. FOR R2, R1 IS SERVED AND UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.04.2017 PASSED IN MVC NO.5522/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5629/2017 BETWEEN R. MANJULA W/O. M. JANARDHAN, AGED ABOUT 50 YEARS, RESIDING AT:
#4, 2ND FLOOR, 4TH CROSS, R A ROAD, NEXT TO SUNDARI MEMORIAL SCHOOL, EJIPURA VIVEKNAGAR, BANGALORE-560047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI BANGALORE-560 057.
2. G. K. SURESH, MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M ARUN PONAPPA, ADV. FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5523/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5631/2017 BETWEEN S. KUMARAN S/O. LATE K. M. SUBRAMANIYAM, AGED ABOUT 47 YEARS, R/AT #9, GRAPE GARDEN, 1ST CROSS, EJIPURA, BANGALORE-560 047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
(BY SRI. M NARAYANAPPA, ADV. FOR R3, R1 & R2 ARE SERVED & UNREPRESENTED.) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5525/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5632/2017 BETWEEN G GEETHANJALI W/O S KUMARAN, AGED ABOUT 39 YEARS, R/AT #9, GRAPE GARDEN, 1ST CROSS, EJIPURA, BANGALORE-560 047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
(BY SRI. ANIL KUMAR R., ADV. FOR R2, SRI. M.ARUN PONAPPA, ADV. FOR R3 R1 IS SERVED & UNREPRESENTED.) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5526/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5633/2017 BETWEEN K HITASHREE D/O S KUMARAN, AGED ABOUT 12 YEARS, R/AT #9, GRAPE GARDEN, 1ST CROSS, EJIPURA, BANGALORE-560 047.
APPELLANT A MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, S KUMARAN S/O K M SUBRAMANIYAM, AGED ABOUT 47 YEARS.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. R. ANIL KUMAR, ADV. FOR R2, SRI. M.ARUN PONAPPA, ADV. FOR R3 R1 IS SERVED & UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5527/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5634/2017 BETWEEN TEJASWINI D/O S KUMARAN, AGED ABOUT 11 YEARS, R/AT #9, GRAPE GARDEN, 1ST CROSS, EJIPURA, BANGALORE-560 047.
APPELLANT A MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, S KUMARAN S/O K M SUBRAMANIYAM, AGED ABOUT 47 YEARS.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M.ARUN PONAPPA, ADV. FOR R3 R1 & R2 ARE SERVED & UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5528/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5635/2017 BETWEEN S MANJULA DEVI, W/O LATE L JAYAKUMAR, AGED ABOUT 58 YEARS, R/AT #13, MUNIYAMMA GARDEN, NEAR BALAJI THEATRE, VANNARPET, VIVEKNAGAR, BANGALORE-560 047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M.ARUN PONAPPA, ADV. FOR R3, R1 & R2 ARE SERVED & UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5529/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5636/2017 BETWEEN J AISHWARYA D/O LATE L JAYAKUMAR, AGED 21 YEARS, R/AT #13, MUNIYAMMA GARDEN, NEAR BALAJI THEATRE, VANNARPET, VIVEKNAGAR, BANGALORE-560 047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. M.ARUN PONAPPA, ADV. FOR R3, R1 & R2 ARE SERVED & UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5530/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5637/2017 BETWEEN J HARISH PRABHU S/O LATE J JAYAKUMAR, AGED ABOUT 24 YEARS, R/AT #13, MUNIYAMMA GARDEN, NEAR BALAJI THEATRE, VANNARPET, VIVEKNAGAR, BANGALORE-560 047.
... APPELLANT (BY SRI. N S BHAT, ADV.) AND 1. PRAVEEN. G S/O. GOVINDARAJ, MAJOR BY AGE, NO.570, 6TH CROSS, VIVEKANANDA ROAD, T. DASARAHALLI, BENGALURU-560 057.
2. G. K. SURESH MAJOR BY AGE, S/O. KRISHNA REDDY, R/AT GUNJUR VILLAGE & POST, BENGALURU DISTRICT-560 087.
3. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, T.P. HUB, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001, BY ITS REGIONAL MANAGER.
... RESPONDENTS (BY SRI. R.ANIL KUMAR, ADV. FOR R2, SRI. M.ARUN PONAPPA, ADV. FOR R3, R1 IS SERVED & UNREPRESENTED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.04.2017 PASSED IN MVC NO.5664/2014 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-14, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Since all the appeals arise from single accident resulting in injuries to the ten and death of one inmates of Tempo Travelers bearing registration No.KA-01-AA-5945, all the matters are taken up for common disposal.
2. In order to avoid confusion and overlapping, hereinafter the parties are referred in accordance with their ranking as stood before the Tribunal.
3. All these appeals are preferred against the judgment and award passed in MVC No.5521/2014 and connected matters on 01.04.2017 by the MACT, Bangalore praying to modify the finding of the Tribunal and saddle the liability on the insurer instead of the insured/owner of the vehicle-Praveen.G.
4. On 06.10.2014 at about 8.15 a.m., one Deepak Kumar @ Deepak and others were traveling in a Tempo Travelers bearing KA-01-AA-5945 from Chitradurga to Bengaluru on NH-4 road. The vehicle was driven in a rash and negligent manner by its driver. When it reached Guyilalu Toll Plaza, Hiriyur Taluk, Chitradurga District, the driver lost control over the vehicle and dashed to an unknown vehicle and then, went and dashed against the Toll Plaza Cement Divider. Due to impact of the same, Deepak Kumar sustained serious injuries and succumbed to the injuries on the spot and other inmates suffered grievous injuries. Immediately, they were taken to Basaveshwara Medical College Hospital and Research Centre, Chitradurga for treatment.
5. The injured claimants and dependents of deceased Deepak Kumar filed the claim petitions seeking compensation under different heads.
6. The injuries suffered by each of the injured/petitioners and other details are as under:
.
05 5526/14 in 5632/17 3. Tenderness and deformity over left forearm 4. ROM – painful and restricted Closed fracture left ulna D/3rd with DRUJ instability 1. Tenderness over C4 area 2. Tenderness over B/L U/L 3. Tenderness over Right and left lower L/L 4. Lacerated wound over left elbow.
ROM decreased and painful.
Fracture C4 left lamina and transverse process + Cord contusion at C5 and C6 level + Olecranaon fracture left elbow.
to whole body 15% to whole body Housewife
09 5530/14 in 5636/17 right subtrochanteric Segmental shaft fracture of right femur.
Mildly displaced fracture of L1 vertebra.
Grade II mobility of incrisors.
1. Right foot-5th toe swelling, tenderness at MJP joint. No deficits.
2. Dorsal spine – tenderness from D6 to D10- 11 Dislocation of right 5th MJP joint D8 & D9 fracture with paraperesis.
20% to whole body Student 10 5664/14 in 5637/17 Right angle of mandible fracture.
Fracture of symphysis.
-- Student 7. Sri.N.S.Bhat, learned counsel for the appellants would submit that the liability to pay compensation for the petitioners in all the cases is saddled on respondent No.1- Owner of the vehicle on the ground that the driver of the offending vehicle had licence to drive Light Motor Vehicle (Non-transport) whereas, the driver was driving the transport vehicle. Under the said situation, liability on the insured ought to have been absolved.
8. In order to maintain alignment, the appeal-MFA No.5627/2017 pertaining to death of Deepak Kumar connected to MVC No.5521/2014 is considered on priority over other appeals.
9. The claimants-dependants of deceased Deepak Kumar preferred the claim petition seeking compensation of Rs.10,00,000/-.
10. The deceased-Deepak Kumar was aged about 15 years at the time accident and was studying in 10th Standard. The claimants are the parents of deceased-Deepak Kumar. The Tribunal assessed the income at Rs.20,000/- p.a. and applied multiplier of ‘18’ as per Sarla Verma Case. Taking into consideration the aforesaid facts, the Tribunal awarded a sum of Rs.4,90,000/- and the same is just and proper.
11. Insofar as compensation awarded by the Tribunal to the injured/claimants are concerned, the same is just and proper and there is no ground for inference.
12. Sri.N.S.Bhat, learned counsel for the appellants would submit that the compensation granted to the claimants and the dependents of the deceased Deepak Kumar is just and sufficient.
13. With regard to fastening of liability on the insured, learned counsel for the appellants submits that the vehicle involved in the accident is Tempo Travelers which is considered as a Light Motor Vehicle (Non-transport) and the Tribunal erred in saddling the liability on the owner of the vehicle on the ground that the offending vehicle being a transport vehicle could not have been driven by a person who did not possess a driving license for transport vehicle. On the other hand, license of the driver of the offending vehicle is said to be a Non-Transport Vehicle license.
14. Learned counsel drew my attention to the judgment of the Hon’ble Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Company Limited reported in AIR 2017 SC 3668 in which the principle laid down is that there is no bifurcation in terms of license between the transport vehicle and the non-transport vehicle. In the circumstance, there is no impediment in saddling the liability on the insurer.
15. In view of the above, I am of the view that the Tribunal has erred in fastening the liability on the owner of the vehicle. Hence, the same is required to be modified In the result, the appeals are allowed. The impugned judgment and award passed by the Tribunal in all the appeals are modified fastening the liability to pay compensation on the insurance company. Both the owner and the insurance company of the offending vehicle are jointly and severally held liable to pay compensation, which is already ordered by the Tribunal.
Insurance Company is directed to deposit the compensation amount in all the cases within four weeks from the date of receipt of copy of this order.
VM CT:HR Sd/- JUDGE