Karnataka High Court
The Manager Legal vs Sri. Vinayak And Ors on 29 November, 2023
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2023:KHC-K:8939
MFA No. 200729 of 2019
C/W MFA No. 201906 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
MISCL. FIRST APPEAL NO.200729 OF 2019 (MV-I)
C/W
MISCL. FIRST APPEAL NO.201906 OF 2019 (MV-I)
IN MFA NO.200729 OF 2019:
BETWEEN:
SRI. VINAYAK
S/O SHIVAPPA ULLAGADDI,
AGE: 30 YEARS, OCC: PRIVATE SERVICE,
R/O WARD NO.13,
NEAR NEELAKANTESHWAR TEMPLE,
VIJAYPUR-586 101.
Digitally signed ...APPELLANT
by LUCYGRACE
Location: HIGH (BY SRI. S.S. MAMADAPUR, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. SRI. ASHOK
S/O GANGADHAR MARGAL,
AGED ABOUT 41 YEARS, OCC: BUSINESS,
R/O KUMBARI GUNDUTAI,
PAROLKAR, GARAKOL, TQ. AKKALKOT,
DIST. SOUTH SOLAPUR,
MAHARASHTRA-416 416.
2. THE MANAGER LEGAL,
SRI RAM GENERAL INSURANCE CO. LTD.,
-2-
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MFA No. 200729 of 2019
C/W MFA No. 201906 of 2019
#302, 3RD FLOOR, S & S CORNER BUILDING,
PLOT NO.48 HOSPITAL ROAD,
SHIVAJI NAGAR, BENGALURU-560 001.
...RESPONDENTS
(SRI. SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 11.01.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 28.02.2019 PASSED BY THE LEARNED
IV ADDITIONAL DISTRICT JUDGE AND MEMBER MACT-XIII,
VIJAYAPUR IN MVC NO.234/2017.
IN MFA NO.201906 OF 2019:
BETWEEN:
THE MANAGER LEGAL,
SRI RAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR,
S & S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
SHIVAJI NAGAR,
BENGALURU-560 001.
PRESENTLY REPRESENTED BY ITS
AUTHORISED SIGNATORY,
M/S. SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.5/4, 3RD FLOOR, S V ARCADE,
BELEKAHALLI MAIN ROAD,
OFF BANNERUGHATTA ROAD,
IIMB POST, BENGALURU-560 076.
...APPELLANT
(BY SRI. SUDARSHAN M., ADVOCATE)
-3-
NC: 2023:KHC-K:8939
MFA No. 200729 of 2019
C/W MFA No. 201906 of 2019
AND:
1. SRI. VINAYAK
S/O SHIVAPPA ULLAGADDI,
AGED ABOUT 30 YEARS, OCC: PRIVATE SERVICE,
R/O WARD NO.13,
NEAR NEELAKANTHESHWAR NAGAR,
VIJAYAPUR.
TALUK & DIST. VIJAYAPUR-586101.
2. SRI. ASHOK
S/O GANGADHAR MARAGAL,
AGE: 41 YEARS, OCC: BUSINESS,
R/O KUMBARI GUNDUTAI,
PAROLKAR, GARAKOL,
TALUK: AKKALAKOT,
DISTRICT: SOUTH SOLAPUR,
MAHARASHTRA-413 216.
...RESPONDENTS
(SRI. S.S. MAMADAPUR, ADVOCATE FOR R1;
V/O DATED 29.11.2023 NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 28.02.2019 PASSED IN MVC NO. 234/2017 BY
THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
MEMBER MACT-13 AT VIJAYAPUR.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.200729/2019 is filed by the claimant being
aggrieved by the judgment and award dated 28.02.2019
passed in MVC No.234/2017 on the file of Motor Accidents
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Claims Tribunal No.13, Vijayapur (for short 'Tribunal'), by
which, while partly allowing the claim petition, the Tribunal
has awarded compensation of Rs.5,52,717/- with interest
at 9% p.a. from the date of petition till realization and has
directed respondent No.2 - Insurance company to pay the
same. While, MFA No.201906/2019 is filed by the
Insurance Company against the very same judgment,
challenging the liability.
2. The accident in question resulting in injuries
sustained by the claimant involving a motorcycle bearing
Reg. No.KA-28/EB-3296 and a goods vehicle namely,
canter bearing Reg. No.MH-13/R-1694 is not in dispute.
3. The disability due to injuries claimed by the
claimant at 15% has been taken into consideration by the
Tribunal. Though the claimant had contended that he was
earning Rs.15,000/- per month, in the absence of
documents to prove the same, the Tribunal has taken the
income at Rs.9,000/- per month. Even as per the chart
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prepared by the Karnataka State Legal Services Authority,
the notional income of the victims of the road traffic
accident for the year 2016 is assessed at Rs.8,750/-.
Since the Tribunal has assessed the same at Rs.9,000/-
per month, the same is held just and proper. The Tribunal
has awarded a sum of Rs.27,000/- towards loss of actual
income during the period of treatment. Same appears to
be just and proper. The Tribunal has awarded a sum of
Rs.70,317/- towards medical bills, Rs.30,000/- towards
nourishment, Rs.1,00,000/- towards pain and sufferings
and Rs.50,000/- towards disfigurement. However,
considering the nature of injuries sustained by the
claimant and the compensation awarded by the Tribunal,
this Court is of the considered view that a global
enhancement of Rs.50,000/- be awarded.
4. As regards the liability is concerned, the
Insurance Company has contended that the driver of the
canter did not have valid and effective driving licence. It is
on record that the driver was holding LMV licence and the
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vehicle involved is a canter. In terms 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, the holder of LMV
licence is entitled to drive the vehicle of the nature
involved in the accident in question. In that view of the
matter, nothing survives for consideration in the appeal
filed by the Insurance Company. However, the Tribunal
has awarded interest at the rate of 9% per annum. The
same is reduced to 6% per annum.
5. For the foregoing reasons, the following:
ORDER
a) Both the appeals are partly allowed.
b) In additional to the compensation awarded by
the Tribunal, the appellant in MFA
No.200729/2019 - claimant is held entitled for
enhanced compensation of Rs.50,000/- with
interest at 6% per annum from the date of
claim petition till realization.
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c) The appellant - Insurance Company in MFA
No.201906/2019 shall pay the aforesaid
compensation amount within a period of six
weeks days from the date of receipt of certified
copy of this judgment.
d) The award of the Tribunal is modified
accordingly.
e) The amount in deposit, if any, is ordered to be
transmitted to the Tribunal.
Sd/-
JUDGE
LG
