Karnataka High Court
National Insurance Co.Ltd vs Hanamavva Ramappa Bidargaddi on 5 April, 2024
-1-
NC: 2024:KHC-D:6173
MFA No. 21541 of 2013
C/W MFA.CROB No. 815 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 21541 OF 2013 (MV-)
C/W
MFA CROSS OBJ NO. 815 OF 2013
IN MFA NO.21541/2013
BETWEEN:
NATIONAL INSURANCE CO. LTD,
THE MANAGER, INFRONT OF PANDIT HOSPITAL,
HAVERI, REPTD. THROUGH ITS REGIONAL OFFICE,
ARIHANT PLAZA, KUSUGAL ROAD, HUBLI,
REPRESENTED BY ITS DEPUTY MANAGER.
...APPELLANT
(BY SRI. SHASHANK S. HEGDE, ADVOCATE)
AND:
1. SMT. HANAMAVVA RAMAPPA BIDARGADDI,
Digitally signed by
JAGADISH T R AGED ABOUT 46 YEARS,
Location: HIGH OCC: AGRICULTURE COOLIE,
COURT OF R/O. DIDAGUR, TQ & DIST: HAVERI.
KARNATAKA
2. SRI. ARUN S/O. SHIVALINGAPPA YALIGAR,
AGE: MAJOR, C/O. ASHOK BOOK DEPOT,
TQ AND DIST: HAVERI.
...RESPONDENTS
(BY SRI. HARISH S. MAIGUR, ADV. FOR R1;
NOTICE TO R2 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED 18-12-2012 PASSED IN MVC
NO.121/2012 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND
-2-
NC: 2024:KHC-D:6173
MFA No. 21541 of 2013
C/W MFA.CROB No. 815 of 2013
MEMBER, ADDL. MACT, HAVERI, AWARDING THE COMPENSATION OF
RS.95,520/-WITH INTEREST AT THE RATE OF 6% P.A., FROM THE
DATE OF PETITION TILL REALIZATION.
IN MFA CROB NO.815/2013
BETWEEN:
SMT. HANAMAVVA RAMAPPA BIDARGADDI,
AGE: 46 YEARS, OCC: AGRICULTURE COOLIE,
NOW NIL, R/O.DIDAGUR, TQ: DIST: HAVERI.
...CROSS OBJECTOR
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. SRI. ARUN S/O. SHIVALINGAPPA YALIGAR,
C/O. ASHOK BOOK DEPOT, HAVERI.
2. THE MANAGER,
NATIONAL INSURANCE CO. LTD,
INFRONT OF PANDIT HOSPITAL, HAVERI.
...RESPONDENTS
(BY SMT. PREETI SHASHANK ADV. FOR R2;
NOTICE TO R1 SERVED)
THIS MFA.CROB IN MFA.NO.21541/2013 IS FILED U/O.41
RULE 22 OF CPC, R/W. SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD: 18-12-2012, PASSED IN
MVC.NO.121/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE
AND MEMBER, ADDL. MACT, HAVERI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL AND CROB, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:6173
MFA No. 21541 of 2013
C/W MFA.CROB No. 815 of 2013
JUDGMENT
1. Though this appeal as well as cross objection are
listed for admission, with the consent of learned counsel for the
parties, they are taken up for final disposal.
2. Both this appeal as well as the cross objection are
arising out of the judgment and award dated 18.12.2012,
passed in MVC No.121/2012 on the file of Addl. Civil Judge and
MACT, Haveri (for short, 'Tribunal').
3. Learned counsel for the appellant/Insurance
Company submits that Tribunal has committed grave error in
saddling the liability on the Insurance Company as the driver of
the offending motorcycle was not having valid and effective
driving license to drive the motorcycle as on the date of the
accident. There is to clear breach of policy conditions and the
liability is required to be saddled on the owner of the offending
motorcycle. Hence, he seeks to allow the appeal.
4. Per Contra, Sri.Harish S Maigur, learned counsel
appearing for the cross objector/claimant supports the
impugned judgment and award of the Tribunal, insofar as
saddling of the liability on the Insurance Company is concerned
NC: 2024:KHC-D:6173
and he submits that the Tribunal has incorrectly assessed the
notional income and disability, which is required to be re-
assessed. He further submits that the award of compensation
by the Tribunal is on the lower side. Hence, he seeks to
re-assess the same by allowing the cross objection.
5. I have heard the arguments of learned counsel for
the appellant/Insurance Company and the learned counsel for
the cross objector/claimant and perused the material available
on record.
6. It is not in dispute that the cross objector/claimant
met with road traffic accident on 20.10.2011 and in the said
accident, she sustained fracture of right tibia bone. In support
of her claim, the claimant examined herself as PW.1 and
Dr.Kantesh as PW.2. The evidence available on record indicates
that PW.2 has assessed the disability at 47% to the particular
limb. This court, on re-appreciation of the evidence available on
record, re-assesses the disability at 17% for the purpose of
awarding the compensation. Admittedly, the claimant has not
produced any evidence with regard to the income and hence,
this court, re-assesses the income notionally at Rs.6,000/- per
NC: 2024:KHC-D:6173
month placing reliance on the notional income chart prepared
by the KSLSA. Therefore, loss of future income due to disability
is as under:
6,000 x 12 x 11 x 17% = Rs.1,34,640/-
7. The cross objector/claimant is entitled to following
compensation on the other heads as under :
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 3,000/-
Loss of future income due to disability 1,34,640/-
Loss of amenities 30,000/-
Loss of income during laid-up period 18,000/-
Total 2,25,640/-
8. Thus, the cross-objectors/claimants are entitled to
total compensation of Rs.2,25,640/- as against Rs.95,520/-
awarded by the Tribunal.
9. Insofar as the liability is concerned, admittedly, the
rider of the offending motorcycle was not having valid and
effective driving license. Hence, the Tribunal is not justified in
saddling the liability on the Insurance Company as there is
clear violation of the policy conditions. Accordingly, the liability
NC: 2024:KHC-D:6173
is saddled on the owner of the offending motorcycle with
direction to the Insurance Company to pay the compensation
along with accrued interest. However, liberty is reserved to the
Insurance Company to recover the same from the owner of the
offending vehicle.
10. In the result, I proceed to pass the following:
ORDER
a) MFA No.21541/2013 filed by the insurer is
allowed in part.
b) MFA Crob No.815/2013 filed by the claimant is
allowed in part.
c) The impugned judgment and award of the
Tribunal is modified to an extent that the cross-
objector/claimant would be entitled to total
compensation of Rs.2,25,640/- as against
Rs.95,520/- awarded by the Tribunal.
d) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
e) The appellant/Insurer shall deposit the
enhanced compensation amount with accrued
NC: 2024:KHC-D:6173
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment and liberty is reserved
to the Insurance Company to recover the
same from the owner of the offending
motorcycle.
f) On such deposit, the amount shall be released
to the cross objector/claimant on proper
identification.
g) The amount in deposit made by the
appellant/Insurance Company be transmitted to
the Tribunal along with TCR forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
