IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.101/2019 (MV) BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED, S.S. COMPLEX, HARSHA BUILDING, SHIVAMOGGA TOWN, SHIVAMOGGA, BY ITS DIVISIONAL OFFICER, HEREIN REPRESENTED BY THE REGIONAL OFFICE, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001 BY ITS MANAGER CLAIMS ... APPELLANT (BY SRI H.S. LINGARAJ, ADVOCATE) AND 1. SMT. SHEELA K., NOW AGED ABOUT 31 YEARS, W/O. RAMESH, R/A BALASAGODU VILLAGE, KASABA HOBLI, SAGAR TALUK, PERMANENT R/AT THARIGE, KOTETHARIGE VILLAGE, HOSANAGAR TALUK 2. THOWSIFULLA, NOW AGED ABOUT 24 YEARS S/O. SHAFIULLA 3. M. SHAFIULLA, NOW AGED ABOUT 52 YEARS, S/O. UMMAR SAB BOTH ARE R/O AJAD NAGAR, 3RD CROSS, SAGAR TOWN, SAGAR TALUK, SHIVAMOGGA DISTRICT ... RESPONDENTS (BY SRI B.S. PRASAD, ADVOCATE FOR R1;
SRI PRUTHVI WODEYAR, ADVOCATE FOR R2 AND R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.09.2018 PASSED IN MVC NO.701/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT- 10, SAGAR, AWARDING COMPENSATION OF RS.4,42,200/- WITH INTEREST AT 6% PER ANNUM ON RS.4,17,200/- FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT With the consent of learned counsel for both the parties, this appeal is taken up for final disposal.
2. This appeal is by the Insurance Company directed against the judgment and award passed in MVC No.701/2016 dated 18.09.2018 on the file of the Additional Senior Civil Judge and JMFC and Addl. MACT- 10, Sagar (for short ‘the Tribunal’).
3. A road traffic accident said to have been occurred on 02.01.2016 at about 8.00 p.m., on National Highway-206 near the land of Huchchappa situated at Balasagodu Village, Sagar Taluk, when the 1st respondent was pillion rider in a motor cycle, due to rash and negligent driving by the driver of Maruthi Car bearing Reg. No.KA-18/P-2753, as a result of which, the 1st respondent/petitioner sustained serious injuries to her spinal cord, forehead, left chin, lips, left hand, both the knees, back, tongue and other parts of the body. Before the Tribunal she sought for a compensation of Rs.15,70,000/- for the injuries sustained by her and loss of gold mangalasuthra in the accident.
4. The Tribunal has awarded the compensation of Rs.4,42,000/- including Rs.90,000/- towards loss of mangalasutra, together with interest at the rate of 6% per annum on Rs.4,17,200/- from the date of petition till the payment directing the Insurance Company to deposit the same. Being aggrieved by the said order the Insurance Company has come up in this appeal.
5. The learned counsel for the appellant Sri H.S. Lingaraj submitted that the Tribunal seriously erred in granting compensation of Rs.90,000/- under the head ‘loss of mangalsutra’, on the ground that the 1st respondent has lost her Mangalasuthra worth Rs.90,000/- in the accident, which is not tenable in the eyes of law. Therefore, he prayed to modify the impugned judgment award passed by the Tribunal.
6. The learned counsel for the 1st respondent/claimant submits that the compensation awarded towards other heads are on the lower side. It is further submitted that though the 1st respondent has pleaded that she was earning Rs.10,000/- per month by doing coolie and cultivation work in the land belonging to her family, the Tribunal considered her income only at Rs.8,000/- per month and awarded only Rs.1,63,200/- towards loss of future income. Therefore, she sought to dismiss the appeal.
7. On perusal of the impugned judgment and award, I find that it was totally unnatural to grant compensation on the value of the mangalasuthra that was said to have been lost in the accident. It is not forthcoming on which basis Tribunal has granted compensation of Rs.90,000/- for mangalasutra which is reported to have been lost. This does not appears to be a sound reasoning. There cannot be grant of the value of the property, lost during the accident. In this connection, the learned Member should have applied proper Principles of compensation. Hence, the impugned judgment and award is liable to be set aside to that extent.
8. Accordingly, the appeal is allowed in part.
The compensation awarded by the Tribunal is reduced by Rs.90,000/- which is awarded towards loss of mangalasuthra along with proportionate interest.
The remaining part of the judgment and award holds good. The impugned judgment and award is modified to the said extent.
The amount in deposit is ordered to be transmitted to the concerned Tribunal.
A copy of this judgment be sent to the concerned Judge, wherever he is working at present.
Sd/- JUDGE Sbs*