Karnataka High Court
National Insurance Co. Ltd vs Vasudev And Anr on 1 December, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2023:KHC-K:8953
MFA No. 201989 of 2019
C/W MFA No. 200944 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO.201989 OF 2019 (MV-I)
C/W
MISCL. FIRST APPEAL NO.200944 OF 2019 (MV-I)
IN MFA NO.201989 OF 2019:
BETWEEN:
VASUDEV
S/O FERABA @ KERAPPA GURVA,
AGE: 34 YEARS, OCC: PRIVATE SERVICE,
R/O: ACHEGON, TQ. SOUTH SOLAPUR,
NOW RESIDING AT KUMBAR GALLI,
VIJAYAPUR-586 101.
Digitally signed ...APPELLANT
by LUCYGRACE
Location: HIGH (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
COURT OF
KARNATAKA AND:
1. JAFARSADIK MEHABOOB CHOI ASCAONKAR,
AGE: 41 YEARS, OCC: BUSINESS,
A/P MUJAVAR GALLI, AKKALKOT,
DIST. SOLAPUR-413 216.
2. THE NATIONAL INSURANCE CO. LTD.,
174, SOUTH KASABA DATTA CHOWK,
SOLAPUR,
THE MANAGER,
-2-
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MFA No. 201989 of 2019
C/W MFA No. 200944 of 2019
THE NATIONAL INSURANCE CO. LTD.,
GURUKUL ROAD, VIJAYAPURA-586 101.
...RESPONDENTS
(SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R2;
V/O DATED 29.11.2022 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE
AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII, VIJAYAPUR
IN MVC NO.460/2013 DATED 01.10.2018 AND BE PLEASED TO
ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS
PRAYED FOR BY THE APPELLANT.
IN MFA NO.200944 OF 2019:
BETWEEN:
NATIONAL INSURANCE CO. LTD.,
174 SOUTH KASABA DATTA CHOWK, SOLAPUR,
THE MANAGER,
NATIONAL INSURANCE CO. LTD.,
GURUKUL ROAD, VIJAYPUR,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, MAIN ROAD,
KALABURAGI-585 102.
...APPELLANT
(BY SMT. SANGEETA BHADRASHETTY, ADVOCATE)
AND:
1. VASUDEV
S/O FERABA @ KERAPPA GURVA,
AGE: 33 YEARS, OCC: PRIVATE SERVICE,
R/O ACHEGON, TQ. SOUTH SOLAPUR,
NOW RESIDING AT KUMBAR GALLI,
-3-
NC: 2023:KHC-K:8953
MFA No. 201989 of 2019
C/W MFA No. 200944 of 2019
VIJAYAPUR-586 101.
2. JAFARSADIK MEHABOOB CHOI ASCAONKAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O MUJAVAR GALLI, TQ. AKKALKOT,
DIST. SOLAPUR, MAHARASHTRA-413 218.
...RESPONDENTS
(SRI. SANGANABASAVA B. PATIL, ADVOCATE FOR R1;
V/O DATED 29.11.2022 NOTICE TO R2 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD IN M.V.C.
NO.460/2013, DATED-01.10.2018, PASSED BY THE
III ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL NO.XII AT VIJAYAPUR.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.201989/2019 is filed by the claimant, while
MFA No.200944/2019 is filed by the Insurance Company,
against the judgment and award dated 01.10.2018 passed
in MVC No.460/2013 on the file of III Additional Senior
Civil Judge and Motor Accident Claims Tribunal No.XII,
Vijaypur, by which, the Tribunal while partly allowing the
claim petition has awarded compensation of Rs.2,35,800/-
with interest at 9% per annum from the date of petition till
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realisation, holding the respondents jointly and severally
liable to pay the compensation. Being aggrieved by the
same, the claimant is before this Court, seeking
enhancement, while Insurance Company is before this
Court, questioning the liability.
2. The accident in question involving the Jeep
bearing Reg. No.MH-25/B-497 and motorcycle bearing
Reg. No.13/S-9018 resulting in injuries to the claimant is
not in dispute.
3. The only contention urged by respondent No.2
- Insurance Company before the Tribunal was that, the
driver of the offending vehicle did not possess valid and
effective driving licence and was possessing licence to
drive light motor vehicle of non-transport in nature, while
the vehicle involved in the accident was a transport
vehicle. The Tribunal, on appreciation of the evidence had
held that the Insurance Company was liable to pay the
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compensation, as the driver did not possess valid and
effective driving licence.
4. The issue involved in this case regarding the
validity or otherwise of the licence is no more res integra
in view of the law laid down by the Hon'ble Apex Court in
the case of Mukund Dewangan v/s Oriental Insurance
Company Limited reported in 2017 (14) SCC 663. As
such, the same issue need not be gone into, as in the
instant case, the driver of the offending vehicle was
admittedly holding LMV licence, which includes and
permits driving of the nature of the vehicle involved in the
accident. Therefore, the only question requires to be
considered is with regard to enhancement of compensation
claimed by the appellants.
5. The appellant is stated to have sustained Grade
III A compound comminuted U/3rd left tibia with displaced
fracture head left fibula and contusion of left wrist. The
doctor, who has been examined as PW.2 has assessed the
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disability of the appellant at 25% to 30% to the lower limb
and 10% to 15% to the upper limb. The Tribunal has
however taken the disability at 12%. Considering the
nature of injuries and the evidence of the doctor, this
Court is of the considered view that the disability can be
assessed at 15%. The Tribunal has assessed the income of
the appellant at Rs.6,000/- per month. Even as per the
chart prepared by the Karnataka State Legal Services
Authority, the notional income in respect of the victims of
the road traffic accident of the year 2012 is assessed at
Rs.6,500/- per month. The same is taken in this case as
well. The age of the appellant being 29 years, multiplier
of '17' is applied. Calculated as above, the appellant is
entitled for Rs.1,98,900/- (Rs.6,500 x 12 x 17 x 15%)
towards loss of future earning.
6. The Tribunal has awarded a sum of Rs.10,000/-
towards pain and suffering. This same is enhanced to
Rs.40,000/- by adding Rs.30,000/-.
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7. The Tribunal has awarded a sum of Rs.53,930/-
towards medical expenses. The same is maintained as
it is.
8. The Tribunal has not awarded any amount
towards loss of income during laid up period. Considering
nature of injuries sustained by the appellant, he might
have been advised rest for about three months.
Therefore, loss of income during laid up period is to be
Rs.19,500/- (Rs.6,500 x 3).
9. The Tribunal has awarded a sum of Rs.10,000/-
towards loss of amenities and future unhappiness. The
same is enhanced to Rs.30,000/- by adding Rs.20,000/-.
10. The Tribunal has awarded a sum of Rs.15,000/-
towards food and nourishment, attendant charges and
conveyance. The same is enhanced to Rs.20,000/-.
11. Thus, the claimant is held entitled for a total
compensation of Rs.3,62,330/- instead of Rs.2,35,800/-
awarded by the Tribunal as under:
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Sl. Heads By By
No. Tribunal This Court
1 Loss of future Rs.1,46,880/- Rs.1,98,900/-
earning
2 Pain and suffering Rs.10,000/- Rs.40,000/-
3 Medical expenses Rs.53,930/- Rs.53,930/-
4 Loss of income - Rs.19,500/-
during laid up
period
5 Loss of amenities & Rs.10,000/- Rs.30,000/-
future unhappiness
6 Towards food and Rs.15,000/- Rs.20,000/-
nourishment,
attendant charges,
and conveyance
Total Rs.2,35,810/- Rs.3,62,330/-
Rounded off to Rs.2,35,800/-
12. However, the Tribunal has awarded interest at
the rate of 9% per annum, which requires to be reduced
to 6% per annum as claimed by the Insurance Company.
13. For the foregoing reasons, the following:
ORDER
a) Both the appeals are partly allowed.
b) The appellant in MFA No.201989/2019 -
claimant is held entitled for a total
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compensation of Rs.3,62,330/- instead of
Rs.2,35,800/- awarded by the Tribunal with
interest at 6% per annum from the date of
claim petition till realization. However, the
appellant is not entitled to interest for the
delayed period of 274 days in filing the appeal.
c) The appellant - Insurance Company in MFA
No.200944/2019 shall pay the aforesaid
compensation amount within a period of six
weeks from the date of receipt of certified copy
of this judgment.
d) The amount in deposit, if any, be transmitted to
the Tribunal.
e) The award of the Tribunal is modified
accordingly.
Sd/-
JUDGE
LG
