IN THE HIGH COURT OF KARNATAI<A CIRCUIT BENCH AT DHARWAD PRESENT THE HON BLE MRS.JUSTICE MANJULA CHELLUR AND THE HON BLE MR.JUSTICE V.

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1 IN THE HIGH COURT OF KARNATAI<A CIRCUIT BENCH AT DHARWAD DATED THIS THE 20TI DAY OF SEPTEMBER 2011 PRESENT THE HON BLE MRS.JUSTICE MANJULA CHELLUR AND THE HON BLE MR.JUSTICE V. SURI APPA RAO BETWEEN: MFANo.21127/2011 (MV) The Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Belgaum, Represented by Asst. Manager, Regional Office, Sumangala Complex, Lamington Road, Hubli.... APPELLANT [By Sri G. N. Raichur, Adv.] AND: I. Smt Swati Vasant Patil, Aged 26 years, 0cc: Household work, R/o Ghosarwad, Tq: Shirol, Dist: Kolhapur, Maharashtra. 2. Kum Shivani Vasant Patil, Age 6 years, 0cc: Nil. Dist: Kolhapur, Maharashtra. 3. Kum Pranav Vasant Path, Age 4 years, 0cc: Nil. Dist: Kolhapur, Maharashtra.

2 Dist: Koihapur, Maharashtra. 5. Smt Pamabai Gopal Patil, Age 48 years, 0cc :Household work. admission stage itself. 4. Sri Gopal Narayan Patil, Age 53 years, 0cc: Agriculture, absent and unrepresented. Having heard the learned Counsel for the appellant, the appeal is disposed of at the JUDGMENT Sun Appa Rao J., delivered the following: This appeal coming on for admission, this day, V. Maharashtra.... Dist: Kolhapur, 6. Sri Vilasrao Shankar Khot, Age 48 years, 0cc: Agriculture. RESPONDENTS [RI -R6 are served) MVC No.1720/2007, and etc. Tribunal and District Judge, Fast Track Court-I, Chikkodi, in Represented by their mother and Natural guardian Smt Swati W/o Vasant Patil. Since R-2 and R-3 are minors, Dist: Koihapur, Maharashtra. Vehicles Act, praying to set aside the judgment and award dated passed by the Motor Accident Claims This MFA is filed under Section 173(1) of the Motor Respondents 1 to 6 though served have remained

3 follows: against the award dated passed in MVC this appeal. 2. The appellant-indian Oil Corporation, ts. 3 was driving his motorcycle bearing No.MH.09 AU.8762 came representatives of the deceased Vasant who died in a motorcycle accident, awarded compensation of Rs.6 lakhs. represented by its Assistant Manager, has filed this appeal learned Judge on the application ified by the legal operative Societies. On at about 9 p.m. the No.1720/2007 on the file of Motor Accident Claims Tribunal deceased Vasant was proceeding towards Ankali from the and District Judge, Fast Track Court, Chikkodi, whereby the District Judge, the appellant-insurance Company has filed 3148 on the left side of the road along with pillion rider. At side of factory on his motorcycle bearing No.MH-09-AV- Deceased Vasant was a Government Auditor of Co that time, the l respondent-vilasarao Shankar Khot, who 4. The brief facts leading to this appeal are as 3 Aggrieved by the award passed by the learned

4 SL 4 at a high speed in a rash and negligent manner from opposite direction and dashed against the motor cycle of the deceased Vasant, due to which the deceased fell down, sustained grievous head injuries and died on the spot. 5. The petitioners, who are wife, minor children and aged parents of the deceased Vasant, filed a claim petition in MVC.1720/2007 claiming compensation of Rs. 18,76,000/-, on the ground that the deceased was Government Auditor of Co-Operative Societies and was earning Rs. 15,000/- per month as on the date of the accident. 6. The 1M respondent-vilasarao contested the matter and contended that the vehicle involved in the accident was insured with the 2nd respondent Insurance Company and therefore, the 2nd respondent is liable to pay the compensation. 7. On the contrary, the 2nd respondent-insurance Company contended that the deceased was driving the motorcycle by consuming alcohol and therefore, as there was contributory negligence on his part, the Insurance Company

5 as Ex.R.1. respondent no evidence was led but the policy was marked liable to be dismissed. is not liable to pay any compensation and the petition is 8. P.W. 1, the wife of the deceased was examined 5 month and therefore, the learned District Judge was not collect the fees from the Societies where the audit has been done. Hence, his income was not more than Rs.5000/- per deceased at Rs.10,000/- and awarded total compensation of Company submitted that the job of the deceased was not a and marked documents Ex.P. 1 to P.19. On behalf of being Rs.15,000/- has taken the monthly salary of the and the documents on record, the learned trial Judge having permanent job as Government job and he was appointed to Rs.6,00,000. held that there is no clear evidence of his monthly salary drunken state. Considering the evidence of the claimants show that the deceased was driving the motorcycle in a 9. We find from the records, there is no evidence to 10. The learned Counsel for the appellant-insurance

6 6 justified in taking the income of the deceased at Rs. 10,000/ - per month. 11. As seen from the appointment, order Ex, 17(a), the deceased was appointed as one of the panel of auditors for Co-Operative Societies of Maharashtra. He was not a regular employee of the Government. He was on the panel of auditors for auditing the accounts of Co-Operative Societies in the District Co-operative Department, Maharashtra State. The records further disclose, that the deceased was doing only periodical auditing of the Societies, besides doing auditing work in other business establishments. Hence, it can be inferred that if deceased was not an experienced auditor, he would not have been authorised by the Government of Maharashtra for auditing the Societies in the State. 12. As seen from the records, though no salary certificate of any nature is forthcoming, having regard to the l act that deceased was a qualified auditor, he must have been earning at least Rs.]0,000/- per month. Therefore, the learned Trial Judge was justified in taking the monthly income of the deceased as Rs. 10,000/- and awarding

7 JUDGE JUDGE sd/ sd/a down by the Supreme Court in the case of Sarala Verma and at the rate of 9% per annum. As per the settled law laid However, the learned trial Judge has awarded interest compensation of Rs.6,00,000/-, which warrants no interference by this Court. dismissed. lb.;. 7 date of petition till the date of realisation. In all other respects, the Award of the trial Court remains undisturbed. learned trial Judge at 9% p.a. is reduced to 6% p.a. from the against 9% awarded by the trial Court. appellant-insurance Company is only at 6%. Therefore, to that extent the rate of interest needs to be modified as Others Vs. Delhi Transport Corporation and another, (2009)6 5CC 121, the rate of interest payable by the 13. Accordingly, the interest awarded by the 14. With the above modification, the appeal is