11. In support of his contentions learned counsel
for the appellant/claimant has placed reliance on the
judgment of the Apex Court in case of Pappu and others
v. Vinod Kumar Lamba and another reported in
(2018) 3 SCC 208.
12. The learned counsel for the Insurance Company
vehemently contended that the compensation awarded by
the Tribunal under all the heads are just and proper and
also contended that the claimant have not suffered any
injury.
13. Heard learned counsel appearing on either side
and perused the material on record.
14. It is not in dispute that appellant has sustained
injuries stated supra. The appellant has examined treated
Doctor as PW-2, who has stated that petitioner has
suffered disability to an extent of 30% physical permanent
disablement. The Tribunal has rightly assessed the
disability of the appellant at 10% to the whole body. The
Tribunal has taken income of the claimant at Rs.5,000/-
per month. The accident is of the year '2010'. As per the
chart prepared by the Karnataka State Legal Services
Authority, notional income of the appellant is taken at
Rs.5,500/- per month. The appellant was aged about 30
years at the time of accident. Hence, multiplier applicable
is '17'. Hence, a sum of Rs.1,12,200/- (5,500 x 12 x 17
x 10%) is awarded under the head 'loss of future income
due to disability'.
15. The Tribunal has awarded a sum of Rs.10,000/-
under the head 'Pain and sufferings'. Considering the
nature of injuries sustained by the claimant, a sum of
Rs.40,000/- is awarded under the said head.
16. The Tribunal has awarded a sum of
Rs.14,100/- towards 'Medical Expenses' which is as per
medical bills and the same is kept intact.
17. In view of the accidental injuries, the claimant
would have taken rest atleast for a period of 4 months.
Therefore, by taking income at Rs.5,500/- per month and
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calculating the laid up period for 4 months, the claimant is
entitled for a sum of Rs.22,000/- (Rs.5,500 x 4), under
the head 'loss of income during laid up period'.
18. The Tribunal has awarded a sum of Rs.10,000/-
towards 'Attendant, nourishment and conveyance
charges', which is on the lower side. Thus, sum of
Rs.30,000/- is awarded under the said head.
19. The Tribunal has awarded a sum of Rs.10,000/-
towards 'future medical expenses and discomfort in future
life', which is on the lower side. Hence, a sum of
Rs.30,000/- is awarded under the said head.
20. In summary, the total compensation re-
determined by this Court under various heads is as
follows:
1. Pain and Sufferings : Rs. 40,000/-
2. Attendant, nourishment and : Rs. 30,000/-
conveyance expenses
3. Medical Expenses : Rs. 14,100/-
4. Future medical expenses and : Rs. 30,000/-
discomfort in future life
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5. Loss of income during laid up : Rs. 22,000/-
period
6. Loss of future income due to : Rs. 1,12,200/-
disability
TOTAL : Rs. 2,48,300/-
21. On re-determination, the appellant is entitled for
total compensation of Rs.2,48,300/- as against
Rs.1,51,100/- along with interest at the rate of 6% per
annum from the date of petition till realization, in addition
to what has been awarded by the Tribunal.
Regarding pay and recovery:
22. In the present case, the Tribunal has observed
that the driver and owner of the offending vehicle is liable
to pay the compensation and has dismissed the claim
petition against the respondent No.3 - Insurance
Company. It has further observed that driver of the
offending vehicle was not possessing valid and effective
driving licence at the time of accident and hence, has
violated the terms and conditions of the policy.
Respondent Nos.1 and 2 had produced driving licence
which was not marked. On careful perusal of the said
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licence, it reveals that on 25.09.1992, driving licence was
issued by the authority in the name of respondent No.1 to
drive both light motor vehicle transport and light motor
vehicle non-transport. For transport, it was valid from
29.09.1992 to 04.02.1995 and for non-transport, it was
valid from 25.09.1992 to 25.08.2006. As on the date of
accident i.e., on 06.03.2010, the driver of the offending
vehicle was not possessing valid and effective driving
licence to drive. Hence, the owner has violated the terms
and conditions of the policy. Therefore, the Tribunal is
correct in exonerating the Insurance Company from
paying compensation to the claimant. However, as per
Sub-Section (2) of Section 149 of Motor Vehicle Act, 1988
(hereinafter referred to as 'the Act', for short) when the
Insurance Company established the fact that the driver
was not holding driving licence, then as per Sub-sections
(1), (4), (7) of Section 149 of the Act, the Insurance
Company as if the judgment debtor shall satisfy the claim
in respect of third parties and then recover the same from
the owner of the offending vehicle. Accordingly, the order
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of pay and recovery is made as per the principle of law laid
down by the Hon'ble Supreme Court in the cases of
PAPPU AND OTHERS Vs. VINOD KUMAR LAMBA AND
ANOTHER1; NATIONAL INSURANCE COMPANY
LIMITED VS. SWARAN SINGH AND OTHERS 2 and
also as per the full bench decision of this Court in the case
of NEW INDIA ASSURANCE COMPANY LIMITED VS.
YELLAVVA AND ANOTHER3. Accordingly, an order of
pay and recovery is made. To this extent, the judgment
and award passed by the Tribunal is modified.
23. Respondent No.3 - Insurance Company is
directed to deposit the compensation amount within eight
weeks from the date of filing of the petition till realization
and shall recover the same from the owner of the
offending vehicle.
24. Accordingly, for the foregoing reasons, I
proceed to pass the following:
(2018) 3 SCC 208
(200 4 ) 3 SCC 29 7
2020 ACJ 2560
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ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award passed by the
Tribunal in MVC.No.51/2011, dated
23.01.2015, passed by the Senior Civil Judge
and Additional MACT, Harihar is modified;
iii) The appellant - claimant is entitled for total
compensation of Rs.2,48,300/- along with
interest at the rate of 6% per annum on the
enhanced compensation from the date of filing
of the petition till realization;
iv) The compensation amount along with accrued
interest if any, shall be deposited by the
respondent No.3 - Insurance Company,
within eight weeks from the date of filing of
the petition till realization and recover the
same from the owner of the offending vehicle;
v) Upon deposit, entire amount shall be released
in favour of appellant on proper identification
in terms of award.
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vi) Registry is directed to return the Trial Court
records to the Tribunal, along with certified
copy of the judgment passed by this Court
forthwith without any delay.
vii) No order as to costs.
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
MH/-
