Karnataka High Court
G Thimmappa vs Maruti on 13 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:46080
MFA No. 10056 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 10056 OF 2018
(MV-I)
BETWEEN:
1. G THIMMAPPA
S/O CHIKKAPPA @
GALI CHIKKAPPA AGE 52 YEARS,
OCC: AGRICULTURIST, NOW NIL
R/O HADADI VILLAGE,
DAVANAGERE TALUK AND DISTRICT-577001
...APPELLANT
(BY SRI. R SHASHIDHARA., ADVOCATE)
AND:
1. MARUTI , S/O HALAPPA
AGE 23 YEARS,
DRIVER OF AUTO BEARING NO.KA-17/B-1417
Digitally signed
R/O HADADI VILLAGE, DAVANAGERE
by KIRAN TALUK AND DISTRICT-577001.
KUMAR R
Location: High
Court of 2. HANUMANTHAPPA THUMMINAKATTE
Karnataka
S/O HEMANNA THUMMINAKATTE
MAJOR
OWNER OF AUTO RICKSHAW
BEARING NO.KA-17/B-1417
R/O BELIMAVU VILLAGE
HONNALI TALUK-577217
DAVANAGERE DISTRICT.
3. THE BRANCH MANAGER
THE CHOLAMANDALAM M S
GENERAL INSURANCE CO LTD.
-2-
NC: 2024:KHC:46080
MFA No. 10056 of 2018
BRANCH OFFICE DESAI CROSS
HUBLI-580020
...RESPONDENTS
(BY SRI. G.J.SUNKAPUR., ADVOCATE FOR R-2;
SRI. B.PRADEEP., ADVOCATE FOR R-3;
R-1 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 21/06/2018,
PASSED IN MVC NO.639/2016, ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE & V MACT, DAVANAGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.3,18,694/- and also exoneration of liability of the
insurer, the claimant is before this Court.
2. The occurrence of the accident is not in dispute.
3. As far as liability is concerned, the Tribunal has
exonerated the insurer only on the ground that the driver
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of the offending vehicle did not possess valid driving
licence. In other words, the insurer contends that there
was a breach of policy conditions. It is held in Yallavva's
Case1 that in the event of breach of policy conditions, the
insurer shall nevertheless pay the compensation and
thereafter shall proceed against the owner to recover the
same. Consequently, the finding with regard to
exoneration of liability on the insurer is set aside.
4. As far as compensation is concerned, the Tribunal has
assessed the disability at 12%, which, in my view, is just
and proper. However, the Tribunal has assessed the
notional income at Rs.8,000/-, since there was no proof
of actual income. In such circumstances, it would be
appropriate to adopt the notional income determined by
the Karnataka State Legal Services Authority, which, for
the year 2015, would be Rs.9,000/-. Thus, the claimant
would be entitled to Rs.1,16,640/- (Rs.9,000/- X 12 X 9 X
12%) towards loss of earning capacity.
New India Assurance Co.Ltd., Vs. Yallavva and Antr., ILR 2020 KAR 2239
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5. Having regard to the injuries suffered by the claimant, it
would be appropriate to award Rs.70,000/- as against
Rs.50,000/- towards pain and sufferings, and Rs.50,000/-
towards loss of amenities, and Rs.20,000/- towards
conveyance, food, nourishment and attendant charges as
against Rs.40,000/- awarded by the Tribunal treating the
loss of amenities and conveyance, food, nourishment and
attendant charges under one head.
6. Since the loss of income has been treated as three
months and now the income has been assessed at
Rs.9,000/-, the claimant would be entitled to Rs.27,000/-
as against Rs.24,000/- towards loss of income during laid
up period.
7. The amount of Rs.86,014/- awarded towards medical
expenses, and Rs.15,000/- awarded towards future
medical expenses, being based on documentary evidence,
are just and proper and are affirmed.
8. Consequently, the award of the Tribunal is modified and
the following sums are awarded as compensation:
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As As
awarded awarded
Sl. Compensation
by the by this
No. under different
Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 50,000 70,000
2. Loss of future earnings 1,03,680 1,16,640
3. Medical expenses 86,014 86,014
Loss of income during 24,000 27,000
4.
the laid up period
Conveyance, 40,000/- 20,000
nourishment and
5. nutritious food
50,000
& loss of amenities
Future medical 15,000 15,000
6.
expenses
Total 3,18,694 3,84,654
9. Accordingly, the claimant is held entitled for
compensation of Rs.3,84,654/- as against Rs.3,18,694/-
along with interest at the rate of 6% p.a. from the date of
petition till its realisation.
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10. The Insurance Company is directed to deposit the amount
of compensation awarded within two months from the
date of receipt of a certified copy of this judgment and
shall thereafter shall proceed against the owner to
recover the same.
11. On such deposit being made by the insurer, the claimant
would be entitled to withdraw the same.
12. The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
