Karnataka High Court
The Manager vs Shiva Shankarappa S/O Pallaiah on 11 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:14544
MFA.CROB No. 100068 of 2018
C/W MFA No. 102545 of 2016
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MFA CROB NO.100068/2018 (MV)
C/W.
MISCELLANEOUS FIRST APPEAL NO.102545/2016 (MV)
IN MFA CROB NO.100068/2018
BETWEEN:
SRI SHIVA SHANKRAPPA S/O. PALLAIAH,
AGE: 36 YEARS, OCC: AGRICULTURIST,
R/O. SIDDAPURA VILLAGE, TQ:KUDLIGI,
DIST: BALLARI-583135.
...CROSS OBJECTOR.
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE.)
AND:
Digitally
signed by
BHARATHI 1. SRI SOMASHEKAR S/O. SANNA PALAIAH,
HM
AGE: 40 YEARS, OCC: DRIVER OF PASSENGER
AUTO NO.KA-35/A-6299,
R/O: RAMASAGARA VILLAGE, TQ: KUDLIGI,
DIST: BALLARI.
2. SRI TATAMMA S/O. SOMASEKAR,
AGE:50 YEARS, OCC: OWNER OF PASSENGER
AUTO NO.KA-35/A-6299,
R/O. RAMASAGARA VILLAGE, TQ: KUDLIGI,
DIST: BALLARI.
3. THE MANAGER,
M/S. RELIANCE INSURANCE
COMPANY LIMITED,
-2-
NC: 2023:KHC-D:14544
MFA.CROB No. 100068 of 2018
C/W MFA No. 102545 of 2016
PARVATHI NAGARA, MAIN ROAD,
BALLARI.
...RESPONDENTS
(BY SRI G.N.RAICHUR, ADVOCATE FOR R3;
R1 AND R2 - SERVICE OF NOTICE DISPENSED WITH.)
THIS CROSS OBJECTION IN MFA NO.102545/2016 IS FILED
UNDER ORDER 41 RULE 22 OF THE CODE OF CIVIL PROCEDURE,
1908, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
15.04.2016, PASSED IN MVC NO.891/2013, ON THE FILE OF THE
SENIOR CIVIL JUDGE CUM MEMBER, VI MOTOR ACCIDENT CLAIMS
TRIBUNAL, KUDLIGI, BY ENHANCING THE COMPENSATION, BY
ALLOWING THIS CROSS OBJECTION, ETC.,.
IN MFA NO.102545/2016
BETWEEN:
THE MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
PARVATHI NAGAR, BALLARI,
REP. BY ITS AUTHORIZED SIGNATORY
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
V.A.KALBURGI SQARE CTS NO.472-474
DESAI CROSS, DESHPANDE NAGAR,
HUBBALLI - 580 020.
...APPELLANT.
(BY SRI G.N.RAICHUR, ADVOCATE)
AND:
1. SHIVA SHANKRAPPA S/O. PALLAIAH,
AGE: 34 YEARS, OCC: AGRICULTURIST,
R/O. SIDDAPURA VILLAGE,
TQ: KUDLIGI, DIST: BALLARI.
2. SOMASHEKAR S/O. SANNA PALAIAH,
AGE: 38 YEARS, OCC: DRIVER OF PASSENGER
AUTO NO.KA-35/A-6299,
-3-
NC: 2023:KHC-D:14544
MFA.CROB No. 100068 of 2018
C/W MFA No. 102545 of 2016
R/O: RAMANAGARA VILLAGE,
TQ: KUDLIGI, DIST: BALLARI.
3. TATAMMA S/O. SOMASEKAR,
AGE: 48 YEARS, OCC: OWNER OF PASSENGER
AUTO NO.KA-35/A-6299,
R/O. RAMASAGARA VILLAGE,
TQ: KUDLIGI, DIST: BALLARI.
...RESPONDENTS
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1;
R2 AND R3 - NOTICE SERVED.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 15.04.2016, PASSED
BY THE COURT OF SENIOR CIVIL JUDGE CUM MEMBER VI MOTOR
ACCIDENT CLAIMS TRIBUNAL, KUDLIGI, IN MVC NO.891/2013 AND
ETC.,
THIS CROSS OBJECTION AND APPEAL COMING ON FOR FINAL
HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The MFA CROB No.100068/2018 in MFA
No.102545/2016 is filed by the claimant challenging the
judgment and award in MVC No.891/2013, dated
15/04/2016, passed by the Senior Civil Judge cum
Member, MACT-VI, Kudligi, seeking enhancement of
compensation. Whereas, the appeal in MFA
No.102545/2016 is filed by the insurance company,
questioning the liability fastened on it.
NC: 2023:KHC-D:14544
2. The factum of accident, injuries sustained by
the claimant in the accident are not in dispute. The
disputed fact is whether the driver of the offending vehicle
was holding valid driving licence and thus the insurance
company is liable to pay compensation or not?
3. Heard the arguments and perused the material
placed before the Court.
4. In the present case the offending vehicle is an
auto rickshaw is a light motor vehicle. The driver was
holding driving licence to drive the light motor vehicle (non
transport). It is the contention of the insurance company
that since the auto rickshaw is light motor vehicle
(transport), hence the driver was not holding valid driving
licence as he was holding driving licence of light motor
vehicle (non transport). The issue involved is no more
res-integra in view of the decision of the Hon'ble Supreme
Court in the case of Mukund Dewangan vs. Oriental
Insurance Company Limited, reported in (2017) 14
SCC 663. Therefore though the auto rickshaw is light
NC: 2023:KHC-D:14544
motor vehicle (transport), the driver holding light motor
vehicle (non transport) licence is competent to drive the
auto rickshaw (transport). Therefore the insurance
company is liable to pay compensation by indemnifying
the owner.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Pain and suffering. 50,000
2. Food and nourishment charges. 10,000
3. Attendant charges. 5,000
4. Loss of income during laid up 5,000
period.
5. Medical expenses. 50,000
6. Loss of amenities and discomfort. 50,000
7. Loss of future income capacity. 1,53,000
Total: 3,23,000
6. As per the medical evidence on record, the
claimant has suffered the fracture of right fibula and skin
grafting.
7. The doctor is not a treated doctor who has
given evidence on disability. The percentage of functional
NC: 2023:KHC-D:14544
disability at 15% is somewhat on higher side also at the
same time the income taken by the tribunal at Rs.5,000/-
per month is on lesser side. Since the accident is of the
year 2012, the notional income would be Rs.6,500/- per
month. Further the compensation awarded under various
heads is found to be just and proper and adequate.
8. Therefore upon re-consideration of the quantum
of compensation awarded by the tribunal, the overall
compensation awarded by the tribunal is found to be just
and proper, which needs no interference by this Court.
Therefore the appeal filed by the insurance company and
the cross objection filed by the claimant, both are liable to
be dismissed.
9. In the result, I proceed to pass the following:
ORDER
i) Both the appeal and the cross
objection are dismissed.
NC: 2023:KHC-D:14544
ii) The judgment and award in MVC
No.891/2013, dated 15/04/2016, passed by
the Senior Civil Judge cum Member, MACT-VI,
Kudligi, is hereby confirmed.
iii) The amount in deposit shall be
transmitted to the tribunal.
iv) No order as to costs.
SD/-
JUDGE
MRK
CT-ASC
