Karnataka High Court
Smt.Kamalavva W/O. Sangappa Dandin vs Sangappa S/O. Rudrappa Shirur on 10 April, 2024
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NC: 2024:KHC-D:6394
MFA No. 101415 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101415 OF 2018 (MV-I)
BETWEEN:
SMT. KAMALAVVA W/O. SANGAPPA DANDIN,
AGE: 36 YEARS, OCC: AGRIL & COOLIE, NOW NIL,
R/O. SHIRUR, TQ & DIST: BAGALKOT.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. SANGAPPA S/O. RUDRAPPA SHIRUR,
AGE: 53 YEARS, OCC: BUSINESS,
OWNER OF VEHICLE BEARING
REG.NO. KA-29/A-1552,
R/O. SRI SANGAMESHWAR TRADERS,
BEMBALAGI COMPLEX, COLLEGE ROAD,
BAGALKOT, TQ & DIST: BAGALKOT-587101.
2. THE MANAGER,
Digitally SHRIRAM GENERAL INSURANCE CO. LTD,
signed by
JAGADISH T R E-8, EPIP, RECO INDUSTRIAL AREA,
Location:
HIGH COURT
SITAPURA, JAIPUR-302022,
OF
KARNATAKA
RAJASTHAN STATE.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED
IN MVC NO.584/2012 ON THE FILE OF THE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-III, BAGALKOT, DISMISSING THE
PETITION FILED UNDER SEC. 166 OF M.V..ACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6394
MFA No. 101415 of 2018
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 30.12.2017 passed in
MVC.No.584/2012 by the Member M.A.C.T-III, Bagalkot
(for short, 'Tribunal').
2. Heard Sri. Chandrashekar M.Hosamani, learned
counsel appearing for the appellant/claimant and
Sri.Suresh S.Gundi, learned counsel appearing for the
respondent No.2/Insurance Company.
3. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in dismissing the claim petition filed
by the claimant on the ground that the driver of the
offending vehicle i.e.TATA Ace bearing registration No.KA-
29/A-1552 was not having driving licence on the date of
the accident which is contrary to the evidence available on
record. It is further submitted that in connected
MVC.Nos.226, 227 and 228 of 2013, the Insurance
Company has satisfied the claims before the Lok Adalath.
NC: 2024:KHC-D:6394
He seeks to allow the appeal by awarding appropriate
compensation to the injuries suffered by the claimant.
4. Per contra, learned counsel appearing for
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal, however,
he does not dispute with regard to the settlement of the
claims before the Lok Adalath.
5. I have heard the arguments of the learned
counsel for the parties. Meticulously perused the material
available on record.
6. The contention of the appellant that she met
with a road accident on 08.10.2011 when she was
traveling in a bullock cart along with others are the matter
of record. It is not in dispute that the offending vehicle
bearing registration No.KA-29/A-1552 was the vehicle
which caused the accident in question. Considering the
evidence available on record, the Tribunal has recorded
the finding that the driver of the offending vehicle was not
NC: 2024:KHC-D:6394
having driving licence as on the date of the accident. The
Tribunal has also recorded finding that, in the FIR, the
name of the respondent No.1 is mentioned as the driver,
as on the date of the accident. This Court perused the
driving licence produced and is of the considered view
that, as on the date of the accident, the driver was having
valid and effective driving licence and the FIR and
Chargesheet material indicate that one Sri. Maruti was
driving the offending vehicle and not the respondent No.1.
This Court also taking note of the fact that in the
connected claim petitions, the Insurance Company has
satisfied the claims arising out of the same accident. This
Court is of the considered view that the present appeal
deserves to be allowed.
7. Insofar as the award of compensation is
concerned, the material available on record indicates that
the appellant has sustained fracture of right squamous
temporal bone and zygomatic arch, right temporoparietal
and left frontal scalp hemotoma. Taking note of the
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aforesaid fractures and also keeping in mind the fact that
the appellant was inpatient for a period of 7 days, it would
be just and appropriate to award the compensation to the
appellant. The appellant was aged about 30 years as on
the date of the accident. This Court assessed the
notational income of the appellant at Rs.6,000/- per
month placing reliance on the notional income chart
prepared by the Karnataka State Legal Services Authority
for the purpose of determination of compensation.
Accordingly, the claimant would be entitled to
compensation on the following heads:
Particulars Amount
(in Rs.)
Pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 6,000/-
Food, nourishment, special diet, 10,000/-
conveyance and attendant charges
Medical expenses 34,510/-
Total 1,20,510/-
Thus, the claimant would be entitled to total
compensation of Rs.1,20,510/-.
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8. Therefore, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is set aside and the claimant
would be entitled to total compensation of
Rs.1,20,510/-.
c) The compensation amount shall carry
interest at the rate of 6% per annum from
the date of petition till the date of
payment.
d) The respondent No.2/Insurance Company
shall deposit the compensation amount
with accrued interest before the Tribunal
within a period of six weeks from the date
of receipt of certified copy of this
judgment.
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e) On such deposit, the same shall be released
in favour of the appellant/claimant.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
