Karnataka High Court
M/S. National Insurance Company ... vs Mr. Narasimhamurthy. M on 6 January, 2021
Author: S R.Krishna Bysrkkj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.6420 OF 2018
C/W
M.F.A.CROB.NO. 136 OF 2018(MV-I)
IN M.F.A.NO. 6420/2018
BETWEEN
M/S. NATIONAL INSURANCE COMPANY LTD
REGIONAL OFFICE
SITUATE AT SUBHARAM COMPLEX
NO.144 M G ROAD,
BANGALORE-560 001
REPRESENTED BY C K PARIMALA
...APPELLANT
(BY SMT. GEETHA RAJ , ADVOCATE)
AND
1. MR. NARASIMHAMURTHY. M
S/O MUNIRAJU
AGED ABOUT 22 YEARS,
VRUSHABHAVATHIPURA
ITTAMADU POST BIDADI HOBLI
RAMANAGARA DISTRICT.
2. MR SHWETHADRI NAYAKA
S/O NARAYANASWAMY NAYAKA
NO.379/1, NEETHI MARGA
SIDDARTHANAGAR
MYSORE-570 011
...RESPONDENTS
(BY SRI. C. PUTTASWAMY, ADVOCATE FOR R-1
R-2 SERVED, UNREPRESENTED)
2
THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGEMENT AND AWARD DATED: 14.03.2018
PASSED IN MVC NO. 2346/2017 ON THE FILE OF THE XIX
ADDITIONAL SCJ & MACT, BENGALURU (SCCH-17) AWARDING
COMPENSATION OF RS. 9,24,100/- WITH INTEREST @ 7.5% P.A.
FROM THE DATE OF PETITION TILL REALIZATION AND ETC.
IN M.F.A.CROB.NO. 136/2018
BETWEEN
SRI. NARASIMHAMURTHY
S/O. MUNIRAJU,
AGED ABOUT 22 YEARS,
RESIDING AT VRUSHABHAVATHIPURA VILLAGE,
ITTAMADU POST, BIDADI HOBLI,
RAMANAGARA DISTRICT.
...CROSS OBJECTOR
(BY SRI.C.PUTTASWAMY, ADVOCATE)
AND
1. SRI. SHWETHADRI NAYAKA
S/O. NARAYANASWAMY NAYAKA,
NO. 379/1, NEETHI MARGA,
SIDDARTHNAGAR, MYSORE-570 011,
REPT BY HIS COUNSEL.
2. NATIONAL INSURANCE CO. LTD,
REGIONAL OFFICE,
NO.144, SUBHARAM COMPLEX,
M.G. ROAD, BANGALORE-560 001,
(REPRESENTED BY ITS MANAGER)
...RESPONDENTS
THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 OF
THE CPC, AGAINST THE JUDGMENT AND AWARD DATED:
14.03.2018 PASSED ON MVC NO. 2346/2017 ON THE FILE OF THE
19TH ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU
(SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
THIS MFA AND MFA.CROB COMING ON FOR HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
M.F.A.No.6420/2018 is preferred by the Insurance
company against the impugned judgment and award dated
14.03.2018 passed in MVC No.2346/2017, whereby the
Tribunal awarded compensation in a sum of Rs.9,24,100/-
together with interest at 7.5% p.a. on account of the injuries
sustained by the claimant in a road traffic accident that
occurred on 09.12.2016.
M.F.A.Crob.No.136/2018 is filed by the claimant
seeking enhancement of compensation.
2. By the impugned judgment and award, the
Tribunal allowed the claim petition and directed the Insurance
Company to pay compensation in favour of the claimant.
3. I have heard learned counsel for appellant-
Insurance company, learned counsel for cross-objector-
claimant and perused the material on record.
4. In addition to re-iterating the various grounds and
contentions urged in the memorandum of appeal and referring
to the material on record, learned counsel for the appellant
submits that the Tribunal committed an error in directing the
Insurance Company to pay compensation in favour of the
claimant without appreciating the fact that the Driver/Owner of
the offending vehicle did not have valid permit and also he
possessed only a Learner's licence as on the date of the
accident. It is submitted that the Tribunal has not correctly and
properly appreciated the material on record resulting in the
erroneous impugned judgment and award passed by the
Tribunal which warrants interference by this Court.
5. Per contra, learned counsel for the claimant-cross
objector would support the impugned judgment and award.
He further contended that the compensation awarded by the
Tribunal is meager and inadequate and the same needs to be
enhanced by this Court.
6. The question with regard to the liability of the
Insurance Company to pay compensation in favour of the
claimant in the first instance by reserving liberty in favour of
the Insurance Company to recover the same from the owner
by invoking the principle of 'Pay and Recover' if there was
breach of terms and conditions of the Insurance Policy
including absence of valid and effective Driving Licence is no
longer res-integra in the light of the decision of 'New India
Assurance Company Limited, Bijapur Vs. Yallavva &
Another - ILR 2020 KAR 2239.
7. Under these circumstances, I am of the
considered opinion that the Tribunal was justified in allowing
the claim petition directing the Insurance Company to pay
compensation and liberty is reserved in favour of the
Insurance company to recover the same from the Owner of
the offending vehicle by invoking the principle of 'Pay and
Recover'.
8. Insofar as the quantum of compensation is
concerned, the Tribunal has assessed the income of the
claimant as Rs,9,000/- per month. Considering the age of the
claimant and his avocation, this Court is of the opinion that the
income should be taken as Rs.10,000/- per month. So also,
the Tribunal committed an error in assessing the permanent
disability of the claimant to the whole body to an extent of
10%. A perusal of the material on record and an
unimpeached evidence of the Doctor would clearly indicate
that the permanent disability incurred by the appellant-
claimant to the whole body is 20%, it can be quantified at
15%. Hence, taking the notional income as Rs.10,000/- per
month and disability of 15%, the claimant would be entitled to
compensation towards 'loss of future earnings' as hereunder:-
(Rs.10,000/- x 12 x 18 x15/100= Rs.3,24,000/-.)
The Tribunal having awarded compensation of
Rs.1,94,400/-, the appellant would be entitled to an additional
compensation of Rs.1,29,600/- under this head.
Consequently, the claimant would be entitled to an additional
sum of Rs.4,000/- towards loss of income during laid up
period.
9. Having regard to the nature of the serious and
grievous injuries sustained by the claimant, he would also be
entitled to additional sum of Rs.10,000/- towards 'loss of
amenities'.
10. Thus, in all, the cross-objector / claimant is entitled
to an additional enhanced compensation of Rs.1,43,600/-
under the following heads:-
1 Future loss of income Rs.1,29,600/-
2 Loss of income during Rs.4,000/-
laid up period
3 Loss of amenities Rs.20,000/-
Total Rs.1,43,600/-
(rounded off to
Rs.1,44,000/-)
11. In view of the aforesaid discussion, I pass the
following order:-
(i) M.F.A.No.6420/2018 filed by the Insurance company
and MFA Crob.No.136/2018 filed by the claimant / cross-
objector are allowed in part.
(ii) The impugned judgment and award dated
14.03.2018 passed by the Tribunal in M.V.C.No.2346/2017 is
hereby modified.
(iii) The claimant / cross-objector is entitled to additional
enhanced compensation of Rs.1,44,000/- with interest at 6%
p.a. from the date of claim petition till the date of deposit.
(iv) The Insurance company is directed to pay the entire
compensation amount awarded by the Tribunal as well as the
additional enhanced compensation amount awarded by this
Court to the claimant along with interest.
(v) Liberty is reserved to the Insurance company to
recover the same from the owner of the offending vehicle.
(vi) The amount in deposit be transferred to the
Tribunal.
(vii) The enhanced amount along with interest shall be
released in favour of the claimant.
Sd/-
JUDGE
Srl.
