Allowed

Shankaragouda S/O Rudragouda Patil v. Somanagouda S/O Rudragouda Patil

Karnataka HC29 Aug 2023MFA/102667/2019

Case brief

AI extract

What is this about?

In an appeal filed under Section 173(1) of the Motor Vehicles Act, this court allowed the matter in part, enhancing compensation for loss of income during the laid-up period and relieving the insurance company of liability against the vehicle owner as the rider held a valid license.

What did the court decide?

Enhanced compensation of Rs. 48,000/- along with interest at 6% per annum from the date of petition to be paid by the Insurance Company to the claimant within eight weeks.

Shankaragouda S/O Rudragouda Patil Vs Somanagouda S/O Rudragouda… — Insurance | Karnataka HC (2023)

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NC: 2023:KHC-D:9648 MFA No. 102667 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.102667/2019(MV-I)

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BETWEEN:

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SHANKARAGOUDA S/O. RUDRAGOUDA PATIL, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: MALLAPUR, TQ: RAMDURG, NOW RESIDING AT C/O BASAPPA S/O PANDAPPA INCHAI, R/O: SHIRASANGI, TQ: SAUNDATTI, DIST: BELAGAVI-591126.

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…APPELLANT

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(BY SRI G. R. TURAMARI, ADVOCATE)

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AND:

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SOMANAGOUDA S/O. RUDRAGOUDA PATIL, AGE: MAJOR, OCC: AGRICULTURE, R/O: MALLAPUR, TQ: RAMDURG, DIST: BELAGAVI-591127. (OWNER OF MOTOR CYCLE BEARING REG.NO.KA-24/L-9344 HERO HONDA SPLENDOR).

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Digitally signed by SUJATA SUBHASH PAMMAR

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THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, KESHWAPUR, HUBBALLI, THROUGH BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. INGALAGI BUILDING, SAUNDATTI, DISTRICT: BELAGAVI-591126.

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…RESPONDENTS (BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R2; R1 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCING THE COMPENSATION AND FIXING THE LIABILITY TO THE INSURANCE COMPANY BY MODIFYING THE JUDGMENT AND AWARD PASSED THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI AT SAUNDATTI IN MVC NO.2816/2015, DATED 22.12.2018 AND ALLOW THE APPEAL, IN THE INTEREST JUSTICE AND EQUITY.

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- 2 - NC: 2023:KHC-D:9648 MFA No. 102667 of 2019

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeal is filed by the claimant against the

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Judgment and Award dated 22.12.2018 passed in MVC No.2816/2015 by the Prl. Senior Civil Judge and Addl. MACT, Saundatti at Saundatti, on the ground that compensation amount is not granted towards loss of income during laid up period and also fixing liability on the owner of the Hero Honda Motor Cycle No.KA-24/L-9344.

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The fact of the accident is not disputed that the claimant has sustained injuries in the road traffic accident.

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Heard the learned counsel on both sides and perused the records.

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The Tribunal though granted compensation on all other heads, but has not granted compensation on the head loss of earning during laid up period and the same has to be compensated.

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3 - NC: 2023:KHC-D:9648 MFA No. 102667 of 2019

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RE. QUANTUM:

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The accident is caused in the year 2014. Therefore, notional income to be taken is Rs.8,000/- p.m. Since the claimant has sustained fracture of tibia and fibula, he could not attend his work for a period of six months. Accordingly, it has to be compensated. A sum of Rs.48,000/- (Rs.8,000/- x 6 months) is awarded under the head loss of income during laid up period. The compensation granted under other heads is found to be just and proper.

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RE. LIABILITY:

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In the present case, the Tribunal has fastened the liability on the owner of the motor cycle on the ground that the rider of the motor-cycle did not have driving licence to ride the motor-cycle. The claimant has produced Ex.P15-attested copy of driving licence attested by the Block Education Officer, Ramadurga. The Tribunal disbelieved said attested copy of the driving licence only

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4 - NC: 2023:KHC-D:9648 MFA No. 102667 of 2019

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on the ground that the B.E.O is not an authorized person to attest the document and fastened the liability on the owner of the motor-cycle.

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Ex.P14 is the attested copy of the driving licence.

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The B.E.O is a taluk level Class-II officer and he has attested the copy of the driving licence. After verifying the original with the copy, he has attested it. Therefore, Ex.P5 shows the rider was having driving licence. Hence, in view of existence of Insurance Policy, the Insurance Company shall indemnify the owner of the motor-cycle. Hence, the Insurance Company is directed to pay compensation to the claimant.

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In the result, I pass the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The impugned judgment and award 22.12.2018 passed in MVC No.2816/2015 by the Prl. Senior Civil Judge and Addl. MACT, Saundatti at Saundatti,

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NC: 2023:KHC-D:9648 MFA No. 102667 of 2019

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is modified to the extent that the appellant/claimant

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is entitled to enhanced compensation of

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Rs.48,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization to be payable by the Insurance Company

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to the claimant within eight weeks from the date of

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receipt of copy of this Judgment.

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iii) No order as to costs.

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iv) Registry is directed to transmit the TCR along with copy of this Judgment to the Tribunal forthwith.

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v) Draw award accordingly.

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SD/JUDGE

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BNV List No.: 2 Sl No.: 9 CT-ASC

Shankaragouda S/O Rudragouda Patil v. Somanagouda S/O Rudragouda Patil

Case brief

What is this about?

What did the court decide?

Shankaragouda S/O Rudragouda Patil v. Somanagouda S/O Rudragouda Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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