Karnataka High Court
Kallawwa Satteppa Janagoudar vs Kallappa S/O Shrikanth Donawade on 17 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A. No.25286/2012 (MV)
BETWEEN:
SMT. KALLAWWA SATTEPPA JANAGOUDAR
AGE: 61 YEARS, OCC: NOW NIL,
R/O: NAGARMUNNOLI, TQ. CHIKODI,
DIST: BELAGAVI.
... APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADV.)
AND:
1. KALLAPPA S/O. SHRIKANTH DONAWADE
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: NAGRMUNNOLI, TQ. CHIKODI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
THE DIVISIONAL OFFICE, MARUTI GALLI,
BELAGAVI.
... RESPONDENTS
(BY SMT. GEETHA K.M. @ PAWAR, ADV. FOR R1;
SMT. PREETI SHASHANK, ADV. FOR R2)
-1-
MFA No. 25286 of 2012
THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V.
ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.08.2012
PASSED IN MVC NO.2181/2011 ON THE FILE OF SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, CHIKODI, DISMISSING
THE PETITION FILED UNDER SECTION 166 OF M.V. ACT.
THIS APPEAL COMING ON FOR ADMISSION HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed challenging the dismissal of claim
petition.
2. The Tribunal has dismissed the claim petition solely
on the ground that the offending motor cycle had been
registered temporarily and was subsequently not registered as
required under the provisions of the Act, and as a consequence
the Insurance Company would not be liable as it constituted a
breach of the policy conditions.
3. The Tribunal has recorded a finding that an accident
did occurred and the claimant has suffered injuries. In fact, the
Tribunal has noted that the evidence of record indicated that
MFA No. 25286 of 2012
the claimant has suffered disability to the extent of 32% in
respect of ankle joint.
4. It is settled law that an event of an allegation by
the Insurance Company that it is not liable because there is a
breach of the policy conditions, the only option available to the
Insurance Company would be to satisfy with the award and
thereafter proceed to recover the compensation amount from
the owner of the offending on the "pay and recovery" principle.
5. In the instant case, since it is contended that there
was a breach of the policy conditions, the liability of the
Insurance Company to satisfy the award insofar, as the victim
is concerned cannot be avoided. As a consequence, the finding
of the Tribunal to the effect that the Insurance Company was
not liable, is set aside and it is held that the Insurance
Company is liable to satisfy the award and then recover the
sum from the owner.
6. The evidence on record indicates that the claimant
had suffered the following injuries;
"Bimalleolar fracture, Right Ankle displaced
(Med. Mall of Tibia + 1 at Mall of Fibula), Blunt
MFA No. 25286 of 2012
trauuva chest wall fracture of ribs 6th, 7th ribs left
scalp injury."
7. The wound certificate at Ex.P.2 also indicates that
the claimant was permanently disabled and has suffered
disability to an extent of 32% of her ankle joint. In my view, it
would therefore be appropriate to consider the loss of earning
capacity at 10%.
8. The claimant was aged about 60 years as on the
date of the accident and as per the monthly income determined
by the Karnataka State Legal Services Authority, it would have
to be taken that she would be earning a sum of Rs.6000/- per
month. The Claimant being aged 60 years, a multiplier of 9
would have to be applied. Consequently, the claimant would be
entitled to a sum of Rs.64,800/- (i.e.6000X10X12X9%) towards
loss of future income. The claimant has admittedly suffered
three fractures and she has undergone a surgical procedure
and as a result of the accident she has suffered disability to the
extent of 32% in respect of her ankle joint. It would therefore
be appropriate to award a sum of Rs.25,000/- towards pain and
suffering, Rs.25,000/- towards loss of amenities and
Rs.20,000/- towards miscellaneous expenses.
MFA No. 25286 of 2012
9. The claimant has also produced documents to
indicate that she has spent Rs.28,077/- towards medical
expenses. Hence, she would therefore be entitled to a sum of
Rs.28,077/-. Consequently, the claimant be entitled to a
following sum.
Sl. Heads Modified Award
No.
1 Towards loss of future income
Rs.64,800/-
(Rs.6000X10X12X9%)
2 Towards pain and suffering Rs.25,000/-
3 Towards loss of amenities Rs.25,000/-
4 Towards Miscellaneous Expenses Rs.20,000/-
5 Towards Medical Expenses Rs.28,077/-
Total Rs.1,62,877/-
10. Thus, the claimant is entitled for total compensation
of Rs.1,62,877/- with interest at the rate of 6% per annum
from the date of claim petition till the date of deposit.
11. In view of the above, I pass the following:
ORDER
(i) The appeal is allowed in part,
MFA No. 25286 of 2012
(ii) The Judgment dated 17.08.2012 passed
in MVC No.2181/2011, on the file of the
Senior Civil Judge & Addl. MACT, Chikodi
at Chikodi, is hereby set aside. The
claimant is entitled to a total
compensation of Rs.1,62,877/- with
interest @ 6% p.a. from the date of
claim petition till the date of deposit,
(iii) The Insurance Company/respondent
No.2 is directed to deposit the enhanced
compensation along with interest before
the Tribunal within a period of 90 days
from the date of receipt of certified copy
of this judgment,
It is made clear that the Insurance Company shall satisfy
the award and thereafter proceed to recover the same from the
owner of the offending motor cycle.
Sd/-
JUDGE
SMM
