Karnataka High Court
Reliance General Insurance Co.Ltd vs Nagaraj S/O Shivasharanappa And Ors on 13 February, 2024
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NC: 2024:KHC-K:1493
MFA No. 200138 of 2017
C/W MFA No. 200045 of 2017
MFA No. 200070 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISC. FIRST APPEAL NO.200138 OF 2017(MV-I)
C/W
MISC. FIRST APPEAL NO.200045 OF 2017(MV-I)
MISC. FIRST APPEAL NO.200070 OF 2017(MV-I)
IN MFA NO.200138/2017 :-
BETWEEN:
SMT.PUTLABAI W/O MALLESHAPPA,
AGE: 31 YEARS, OCC: HOUSEHOLD & AGRI,
LABOUR NOW NIL,
R/O: VILLAGE JANIVAR, TQ: JEWARGI,
NOW R/AT RAM MANDIR JEWARGI ROAD,
Digitally signed
KALABURAGI.
by KHAJAAMEEN ...APPELLANT
L MALAGHAN
(BY SRI. SANJEEV PATIL, ADVOCATE)
Location: High
Court of
Karnataka
AND:
1. NAGARAJ S/O SHIVASHARNAPPA
AGE: MAJOR, OCC: OWNER OF AUTO
BRG.NO.KA-32/B-3940,
R/O: H.NO.1-6 OF VILLAGE JANIVAR,
TQ: JEWARGI,
DIST: KALABURAGI-585102.
2. RELIANCE GENERAL INSURANCE CO., LTD.,
ASIAN PLAZA, TIMMAPURI CIRCLE,
KALABURAGI-585102,
REPT. BY ITS AUTHORIZED OFFICER.
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MFA No. 200138 of 2017
C/W MFA No. 200045 of 2017
MFA No. 200070 of 2017
3. SHARANAPPA S/O BANNEPPA
AGE: MAJOR, OCC: OWNER OF AUTO BEARING
NO.KA-28/8772, R/O: VILLAGE NIRADGI,
TQ: JEWARGI, DIST: KALABURAGI-585102.
4. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD.,
N.G.COMPLEX, OPP. MINI VIDHANA SOUDHA,
KALABURAGI-585102.
...RESPONDENTS
(BY SRI. RAHUL R. ASTURE ADV. FOR R2;
SRI. R.J. BHUSARE ADV. FOR R3;
SRI. S.S. ASPALLI, ADV. FOR R4
NOTICE TO R1 IS DISPENSED WITH V/O DATED 13.02.2024)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD
PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT,
KALABURAGI, IN M.V.C.NO.863/2011 DATED-29.08.2016 AND
ALLOW THE CLAIM PETITION BY ENHANCING THE AWARD
FROM RS.1,91,000/- TO RS.15,00,000/-.
IN MFA NO.200045/2017 :-
BETWEEN:
THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
N.G.COMPLEX, OPP. MINI VIDHANA SOUDHA,
GULBARGA.
...APPELLANT
(BY SRI. S.S. ASPALLI, ADVOCATE)
AND:
1. SMT. PUTLABAI W/O MALLESHAPPA,
AGE: 30 YEARS, OCC: HOUSEHOLD
& AGRI. LABOUR NOW NIL,
R/O: VILLAGE JANIVAR, TQ: JEWARGI,
DISTRICT KALABURAGI,
NOW R/AT RAM MANDIR, JEWARGI ROAD,
KALABURAGI.
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MFA No. 200138 of 2017
C/W MFA No. 200045 of 2017
MFA No. 200070 of 2017
2. NAGARAJ S/O SHIVASHARANAPPA
AGE: MAJOR, OCC: OWNER OF AUTO
REGN. NO.KA-32/B-3940,
R/O: H.NO.1-6 OF VILLAGE JANIVAR,
TQ: JEWARGI, DIST: KALABURAGI.
3. RELIANCE GEN. INSURANCE CO., LTD.,
ASIAN PLAZA, TIMMAPURI CIRCLE,
GULBARGA, REPRESENTED BY ITS
AUTHORIZED OFFICER.
4. SHARANAPPA S/O BANNEPPA
AGE: MAJOR, OCC: OWNER OF AUTO
BEARING NO.KA-28/8772,
R/O: VILLAGE NIRADGI,
TQ: JEWARGI, DIST: KALABURAGI.
...RESPONDENTS
(R1 TO R4 ARE- SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO A) CALL FOR THE RECORDS IN
MVC.NO.863/2011 ON THE FILE OF THE III ADDL. SENIOR
CIVIL JUDGE AND MACT KALABURAGI IN MVC.NO.863/2011
DATED: 29.08.2016. B) SET ASIDE THE JUDGMENT AND
AWARD DATED: 29.08.2016 PASSED BAY THE III ADDL.
SENIOR CIVIL JUDGE AND MACT KALABURAGI IN
MVC.NO.863/2011 BY ALLOWING THE ABOVE APPEAL AND
ETC.,
IN MFA NO.200070/2017 :-
BETWEEN:
RELIANCE GENERAL INSURANCE CO., LTD.,
THROUGH ITS AUTHORIZED OFFICER,
ASIAN PLAZA, NEAR SVP CHOWK,
KALABURAGI.
...APPELLANT
(BY SRI. RAHUL R. ASTURE, ADVOCATE)
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MFA No. 200138 of 2017
C/W MFA No. 200045 of 2017
MFA No. 200070 of 2017
AND:
1. NAGARAJ S/O SHIVASHARANAPPA
AGE: MAJOR, OCC: OWNER OF AUTO
BRG.NO.KA-32/B-3940,
R/O: H.NO.1-6 OF VILLAGE JANIVAR,
TQ: JEWARGI, DIST: KALABURAGI-585310.
2. SHARNAPPA S/O BANNEPPA
AGE: MAJOR, OCC: OWNER OF AUTO
BEARING NO.KA-28/8772,
R/O: VILLAGE NIRADGI,
TQ: JEWARGI, DIST: KALABURAGI-585310.
3. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
N.G.COMPLEX, OPP. MINI VIDHANA SOUDHA,
KALABURAGI-585101.
4. SMT. PUTLABAI W/O MALLESHAPPA,
AGE: 30 YEARS, OCC: HOUSEHOLD
& AGRI. LABOUR NOW NIL,
R/O: VILLAGE JANIVAR, TQ: JEWARGI,
DISTRICT KALABURAGI,
NOW RESIDING RAM MANDIR,
JEWARGI ROAD, KALABURAGI-585310.
...RESPONDENTS
(BY SRI. S.S. ASPALLI ADV. FOR R3;
SRI. SANJEEV PATIL, ADV. FOR R4;
R2-SERVED
NOTICE TO R1 IS DISPENSED WITH V/O DATED 13.02.2024)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO, CALL FOR THE RECORDS SETASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED:29.08.2016
PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT, AT
KALABURAGI, IN MVC.NO.863/2011 AND ALSO MODIFYING
AND SETTING ASIDE THE LIABILITY ON THE APPELLANT FOR
THE AWARD OF COMPENSATION TO THE EXTENT OF 50%, BY
ALLOWING THIS APPEAL AND ETC.,
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 200138 of 2017
C/W MFA No. 200045 of 2017
MFA No. 200070 of 2017
JUDGMENT
MFA.No.200138/2017 is filed by the claimant
aggrieved by the judgment and award passed in
MVC.No.863/2011 dated 29.08.2016, on the file of the III
Additional Senior Civil Judge and MACT, at Kalaburagi (for
short 'Tribunal'), seeking enhancement of the
compensation.
02. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the injuries sustained
by the claimant in the accident. It is the case of the
claimant that on 07.04.2011 at about 07.30 p.m. accident
took place in between Auto bearing its Reg.No.KA-32-B-
3940 and Auto bearing Reg.No.KA-28-8772 due to rash
and negligent driving of drivers of both the vehicles. The
claimant was proceeding in Auto bearing Reg.No.KA-32-B-
3940 and he had sustained grievous injuries. The auto in
which the claimant was traveling is insured by the Reliance
General Insurance Company Limited and the other
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offending vehicle is insured by the Oriental Insurance
Company Limited. The Tribunal had fixed the liability 50%
on both the insurance company and granted the
compensation of an amount of Rs.1,91,000/-. The
claimant has filed this appeal seeking enhancement of
compensation.
03. The vehicle in which the claimant was traveling
is insured with the Reliance General Insurance Company
Limited has filed MFA.No.200070/2017 on the ground
that the driver was having license to drive LMV (NT) but
he was driving the Transport Vehicle, as such the
insurance company is not liable to pay the compensation.
The Court without any basis has fixed 50% liability on the
insurance company. It is their case that the compensation
that was awarded is on the higher side.
04. The Oriental Insurance Company Limited, who
insured the opposite vehicle has filed
MFA.No.200045/2017. It is the case of the insurance
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company that the driver of the said vehicle was not having
a valid driving license and they are not liable to pay the
compensation. To prove that the driver is not having a
valid driving license, they have issued a legal notice to the
owner and driver of the vehicle. They have also led the
evidence of officer of the insurance company. It is their
case that it is the bounded duty on the part of the owner
as well the driver to produce the driving license. It is
submitted that as the owner of the vehicle had failed to
respond to the notice, shows that there is no valid driving
license and insurance company is not liable to pay the
compensation.
05. The learned counsel for the claimant submits
that the Tribunal had not granted the reasonable
compensation basing on the material on record. It is the
case of the claimant that the compensation that was
awarded is not just and reasonable compensation.
According to the claimant he was working as a labourer
and earning Rs.6,000/- per month. The Tribunal had taken
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Rs.6,000/- per month as income of the claimant. It is the
evidence of the doctor that there is 10% disability. The
Tribunal had considered 10% disability and granted the
compensation as per the Table given below:-
Sl. Heads Compensation
No. Awarded
1. Towards pain and suffering Rs.30,000/-
2. Towards Medical Expenses Rs.776/-
Towards Attendant, food and
3. Rs.10,000/-
conveyance charges
4. Towards loss of amenities and Rs.10,000/-
nutrition food
5. Towards loss of future income Rs.1,22,400/-
Towards loss of income during
6. Rs.18,000/-
treatment
Total Rs.1,91,176/-
Rounded off Rs.1,91,000/-
06. Having heard the learned counsel on either
side, perused the entire material on record.
07. As per the wound certificate the claimant had
sustained old fracture of shaft of right tibia with internal
fixation rod. The Tribunal under the head of loss of pain
and suffering had granted compensation of an amount of
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Rs.30,000/-. Considering one fracture injury, this Court is
granting an amount of Rs.40,000/- under the head of
pain and suffering. Under the head of medical expenses,
attendant, food and conveyance charges and loss of future
income, the Tribunal had granted a reasonable
compensation and no interference is required. Then
coming to the loss of amenities, considering 10%
disability as taken by the Tribunal and the injuries
sustained by the claimant, this Court is granting an
amount of Rs.20,000/-. Even under the loss of income
during the laid up period also the Tribunal had granted
reasonable compensation.
08. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for compensation under the
following heads:-
(2014) 11 SCC 178
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Sl. Heads Compensation Compensation
No. Awarded by the Awarded by this
Tribunal Court
1. Towards pain and Rs.30,000/- Rs.40,000/-
suffering
2. Towards Medical Rs.776/- Rs.776/-
Expenses
Towards Attendant, Rs.10,000/-
3. food and conveyance Rs.10,000/-
charges
4. Towards loss of Rs.10,000/- Rs.20,000/-
amenities and
nutrition food
5. Towards loss of Rs.1,22,400/- Rs.1,22,400/-
future income
Towards loss of Rs.18,000/-
6. income during Rs.18,000/-
treatment
Towards legal Rs.10,000/-
7. -
expenses
Total Rs.1,91,176/- Rs.2,21,176/-
Rounded off Rs.1,91,000/- Rs.2,21,000/-
09. The contention of the Oriental Insurance
Company Limited, who had insured the opposite vehicle
that the driver is not having a valid driving license. No
doubt there is no material on record to show that the
driver is not having a driving license. However, the
insurance company has issued a notice to both the drivers
and to the owners of the vehicles. In spite of service of
notice, the owners of either of the vehicles or the drivers
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have produced the driving license. In that view of the
matter, an adverse inference has to be drawn. In case of
the vehicle which is insured by the Oriental Insurance
Company Limited i.e., KA.28-8772 is concerned, there
shall be an order of pay and recover.
10. Now coming to the aspect of liability, two
vehicles are involved, one in which the claimant was
traveling insured by the Reliance General Insurance
Company Limited. The opposite vehicle is insured by the
Oriental Insurance Company Limited. The case of the
Reliance General Insurance Company Limited is that the
driver of the vehicle is having a license to drive a Light
Motor Vehicle (NT), but he is driving the Transport Vehicle.
The said issue is no more res-integra in the light of the law
laid down by the Hon'ble Supreme Court in the case of
Mukund Dewangan vs. Oriental Insurance Company
Limited1. In view of the same, this Court finds no reasons
to interfere in the appeal filed by the Reliance General
Insurance Company Limited.
(2017) 14 SCC 663
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11. As far as the negligence is concerned, the
Tribunal had rightly held that there is negligence on the
part of both the vehicles and apportioned the liability at
50% on both vehicles. In that view of the matter, the
respondent No.2 - Reliance General Insurance Company
Limited shall pay an amount of Rs.1,10,500/- and
respondent No.4 - Oriental Insurance Company Limited
shall pay an amount of Rs.1,10,500/- and recover the
same from the owner of the vehicle.
12. Accordingly, MFA.No.200138/2017 filed by
the claimant is Allowed-in-part by enhancing the
compensation from an amount of Rs.1,91,000/- to
Rs.2,21,000/-.
a) The enhanced amount shall carry interest @ 6%
per annum from the date of petition, till the date
of realization.
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b) Respondent-Insurance Company shall deposit
the said compensation amount with accrued
interest before the Tribunal within a period of 8
(Eight) weeks.
c) Reliance General Insurance Company Limited
shall pay an amount of Rs.1,10,500/-.
d) Oriental Insurance Company Limited shall pay an
amount of Rs.1,10,500/- and shall recover the
same from the owner of the vehicle.
e) The Registry is directed to return the Trial Court
Record to the Tribunal along with the certified
copy of the order passed by this Court forthwith
without any delay.
f) The amount in deposit shall be forthwith
transferred to the Court below.
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Consequently, MFA.No.200045/2017 filed by the
Oriental Insurance Company Limited, is also Allowed-in-
part b applying the principle of pa and recover.
The MFA.No.200070/2017 filed by the Reliance
General Insurance Company Limited, is dismissed.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
KJJ
CT:VD
