Shekappa S/o Mahadevappa Jaladi v. Mahesh S/o Sidramappa Kempabasappanawar
2025-06-20
HANCHATE SANJEEVKUMAR
body2025
DigiLaw.ai
JUDGMENT : HANCHATE SANJEEVKUMAR, J. 1. The appeal in is filed by the claimants challenging the judgment and award dated 03.09.2011, passed by the Senior Civil Judge and AMACT, Haveri, in MVC No.5/2010, seeking enhancement of compensation and MFA No.100837/2015, MFA No. 100838 of 2015 and MFA No. 100839/2015 are filed by the owner of tractor challenging the judgment and award dated 25.11.2014, passed by the Fast Track Court and MACT, Dharwad, in MVC Nos. 172, 173 and 174 of 2010, respectively, questing liability saddled on him to pay the compensation. 2. Heard the arguments of learned counsels appearing for the respective parties and perused the trial Court records and the material before the Court. 3. It is the case of claimants that on 08.04.2009 the decease and injured in respective cases were travelling as coolies in the tractor and trailer No.KA-27/TA-3088 and KA-28/T-2302 and the said tractor and trailer met with accident, wherein two persons died and others are injured. Upon the claim petition filed by the legal representatives of deceased and injured claimants, the tribunal has awarded compensation, but fixed liability on the owner of the tractor and trailer on the reason that the deceased and injured have travelled as unauthorized passengers, but not as coolies. Therefore, exonerated the insurance company and held owner of the tractor and trailer liable to pay compensation. 4. In the present case, before the tribunal, the owner of the tractor and trailer himself given evidence that the deceased and injured were not travelling as coolies and he had no knowledge that these persons were travelling in the tractor trailer. Hence, unauthorized passengers have been allowed to board the tractor and trailer by the driver of the tractor and trailer. Therefore, the tribunal, based on this evidence held that the deceased and injured have travelled in the tractor and trailer as gratuitous passengers, thus, exonerated the insurance company. 5. Upon considering the evidence of the owner of offending vehicle, he had no knowledge regarding the deceased and injured have travelled in the tractor and trailer and he had not engaged any coolies, but the driver of the tractor and trailer might have allowed to board them on the tractor and trailer.
5. Upon considering the evidence of the owner of offending vehicle, he had no knowledge regarding the deceased and injured have travelled in the tractor and trailer and he had not engaged any coolies, but the driver of the tractor and trailer might have allowed to board them on the tractor and trailer. Therefore from the evidence of the owner of the tractor and trailer it is disclosed that deceased and other injured were not coolies, but have travelled as gratuitous passengers in the tractor and trailer. When this being the fact proved by the evidence on record and upon careful scrutiny of the evidence it is proved that the tribunal is correct in its reasoning, exonerating the insurance company by fastening liability on the owner of the tractor and trailer, which needs no interference. Therefore, the appeals filed by the owner of the tractor are liable to be dismissed. Re: Quantum of compensation. 6. With regard to quantum of compensation in is concerned, in this case the deceased is a minor boy of 16 years old. Therefore, as per the decision of the Hon’ble Supreme Court in the case of Kishan Gopal and another vs. Lala and others , (2014) 1 SCC 244 , for non earning member and minor boy, yearly income is to be taken at Rs.30,000/- and the applicable multiplier is 15. Therefore, the compensation under the head loss of dependency would be Rs.4,50,000/- (Rs.30,000/- x 15). 7. Further Rs.50,000/- is awarded under conventional heads. Thus, the claimants would be entitled for a total compensation of Rs.5,00,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,45,000/- awarded by the Tribunal. The owner of tractor and trailer are liable to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER i) The appeals in MFA No.100837/2015, MFA No.100838/2015 and MFA No.100839/2015 filed by the owner of tractor and trailer are hereby dismissed. ii) The judgment and award dated 25.11.2014, passed by the Fast Track Court and MACT, Dharwad, in MVC Nos.172, 173 and 174 of 2010, are hereby confirmed. iii) The appeal in is allowed in part.
ii) The judgment and award dated 25.11.2014, passed by the Fast Track Court and MACT, Dharwad, in MVC Nos.172, 173 and 174 of 2010, are hereby confirmed. iii) The appeal in is allowed in part. iv) The judgment and award dated 03.09.2011, passed by the Senior Civil Judge and AMACT, Haveri, in MVC No.5/2010, is modified. v) The claimants in (MVC No.5/2010) are entitled for total compensation of Rs.5,00,000/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,45,000/- awarded by the Tribunal. vi) The claimants are not entitled for interest for the delayed period of 365 days in filing the appeal in MFA No.25746/2012. vii) The owner of tractor and trailer shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. viii) Send back the trial Court records along with a copy of this judgment and award to the tribunal. ix) The amount in deposit, if any, shall be transmitted to the concerned tribunal for disbursement. x) No order as to costs. xi) Draw modified award accordingly.