Karnataka High Court
National Insurance Co.Ltd vs Sri. Ravindra Pundalik Kamble on 4 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14087
MFA No. 101879 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101879/2017(MV)
BETWEEN:
NATIONAL INSURANCE CO. LTD.,
THE DIVISIONAL MANAGER, RAMDEV GALLI,
BELAGAVI, REPRESENTED THROUGH ITS
REGIONAL OFFICE, NATIONAL INSURANCE
CO., LTD., ARIHANT PLAZA, KUSUGAL ROAD,
HUBBALLI, REPRESENTED BY ITS
ADMINISTRATIVE OFFICER.
...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE)
AND:
1. SRI RAVINDRA PUNDALIK KAMBLE,
AGED ABOUT 29 YEARS, OCC: MASON AND
PLASTERY, NOW NIL, R/O: GOUTAMWADI,
TQ: DODDAMARG, DIST: SINDUDURG,
MAHARASHTRA STATE, NOW AT UCHAGAON,
TQ AND DIST: BELAGAVI.
Digitally
signed by 2. SRI VISHRAM SUBHASH KINALEKAR,
SUJATA AGE: MAJOR, OCC:BUSINESS,
SUBHASH
PAMMAR R/O: SATELI UPPAR BAZAR, TQ: DODDAMARG,
DIST: SINDUDURG, MAHARASHTRA STATE.
OWNER OF TATA CAR BEARING NO.MH-07/J-178)
...RESPONDENTS
(BY SRI HANUMANT R. LATUR, ADVOCATE FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH MVC NO.892/2016 ON THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, EXAMINE THE
SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED
07.04.2017 AS AGAINST THE APPELLANT AND ETC.,
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NC: 2023:KHC-D:14087
MFA No. 101879 of 2017
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the insurance company with a
prayer to fastened negligence on part of the claimant, on
quantum of compensation and awarded higher rate of
interest.
2. Heard the learned counsel for the appellant and
the respondents.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute.
4. The claim petition is filed under Section 163-A
of the Motor Vehicles Act, 1988 (for short, hereinafter
referred to as 'the M.V. Act'). The evidence on record
reveals that injured while riding the motorcycle dashed the
Tata Sumo vehicle and sustained injuries in the accident
resulting into amputation of right leg. The charge sheet is
filed against the injured. Hence, petition is filed under
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Section 163-A of the M.V. Act. The rashness and
negligence need not be pleaded and need not be proved.
Thus, the claimant is entitled to claim against any of the
vehicles or against both. The claimant has claimed against
the owner and insurer of the Tata Sumo vehicle.
Involvement of vehicle is alone sufficient to grant
compensation under Section 163-A of the M.V. Act.
Therefore, the tribunal is correct in granting compensation
and fastening liability on the appellant to pay
compensation since, there is valid coverage between the
owner and insurer of the Tata Sumo vehicle.
5. Regarding quantum of compensation is
concerned, the claimant has suffered amputation of right
leg. The claimant being mason and therefore with that
amputation, he cannot be performed with avocation as
mason that is amounting to 100% functional disability.
The tribunal is correct in holding 100% functional disability
and accordingly awarded compensation. The parameters
held by the tribunal are correct, which needs no
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interference. Therefore, there is no need to make any
modification of quantum of compensation awarded by the
tribunal.
6. The Tribunal has awarded interest at 9% per
annum and the same is scaled down at 6% per annum. In
the result, the appeal is liable to be allowed in part Hence,
I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award passed in MVC
No.892/2016, dated 07.04.2017, by the
learned XI Additional District and Sessions
Judge and Additional MACT, Belagavi,
stands modified.
iii) The claimant is entitled for compensation
along with interest at the rate of 6% per
annum.
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iv) The amount in deposit is ordered to be
transmitted to the tribunal.
v) No order as to costs.
SD/-
JUDGE
SSP
CT-ASC
