Partly allowed

The Manager v. M L Raghu

Karnataka HC3 Nov 2023MFA/4956/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the insurer's appeal partly, holding that liability exists because the driver held a valid LMV license. The court found no illegality in the compensation quantum but reduced the interest rate from 8% to 6%.

What did the court decide?

Interest reduced from 8% to 6% per annum; insurance company held liable to pay compensation; trial court records returned to tribunal.

The Manager Vs M L Raghu — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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MISCELLANEOUS FIRST APPEAL NO. 4956 OF 2017 (MV-I)

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BETWEEN:

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THE MANAGER, ROYAL SUNDARAM INSURANCE COMPANY LIMITED., NO.133, 3^RD FLOOR SHEIK TOWERS, AMAVILAS ROAD, MYSORE - 570 023 NOW ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., SUBRAMANIAM BUILDING, II FLOOR, NO.1, CLUB HOUSE ROAD, ANNSASALAI CHENNAI - 600 002 …APPELLANT

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(BY SRI: O MAHESH, ADVOCATE)

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AND:

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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M.L. RAGHU, AGE 27 YEARS, S/O. LAKKAIAH, R/O. MALLENAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 573 201

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MAHADEVA, AGED 47 YEARS, S/O. SHANTHAIAH, R/O. NO.35/2, CHANNAPATNA, HASSAN - 573 201.

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…RESPONDENTS

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(R1 - SERVED AND UNREPRESENTED V/O DATED: 23/5/2023 NOTICE TO R2 IS H/S)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.03.2017 PASSED IN MVC NO.180/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT AT HASSAN, AWARDING COMPENSATION OF

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NC: 2023:KHC:39178 MFA No. 4956 of 2017

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RS. 55,000/- WITH INTEREST AT 8% P.A FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This is an appeal filed by the Insurance company

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aggrieved by the award passed in MVC No.180/2015 dated 07.03.2017 on the file of the II Additional Senior Civil

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Judge and MACT, Hassan. The claim petition is filed seeking compensation of amount of Rs.2,00,000/- for the injuries sustained by the claimant in the accident.

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It is a case of the claimant that he is working as

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a constable in District Armed Reserve Police, Hassan. On 22.09.2013, he had been to Maranahalli to see his parents. On the next day on 29.09.2013, in order to reach Hassan at about 8.00 a.m., while he was traveling in the Autorickshaw, its driver drove the same in a rash and negligent manner and lost control over it and consequently, the Autorickshaw fell into the right side

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3 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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ditch. Due to the said impact, the claimant had sustained grievous injuries to his hands and other parts of the body. He was admitted to Mangala Hospital, Hassan and treated

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for one week as inpatient and spent an amount of Rs.50,000/- towards medical expenses.

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It is the case of the Insurance Company that the Insurance company is not liable to pay the compensation as the driver of the Autorickshaw was not having valid driving license, which is a clear violation of conditions of the policy. As such, Insurance company is not liable to pay the compensation and the court below had observed that the X-ray shows that there is fracture of patel and another bone and granted an amount of Rs.45,000/- towards pain and suffering and Rs.10,000/towards conveyance. Totally a compensation of an amount of Rs.55,000/- was awarded at interest 8%. When it comes to the liability, the court below had observed that relying on the judgment of this court if a person who is holding a license to drive light motor vehicle drives a

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4 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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transport vehicle without endorsement also, the Insurance company cannot escape from the liability to indemnify the R.C.owner and held that both Insurance company and

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owner of vehicle are jointly and severally liable to pay the compensation. Aggrieved by the same, insurance company is before this court.

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Learned counsel appearing for the Insurance company submits that the court below without appreciating the fact that the driver of the offending vehicle was not having a valid driving license and as there

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are violation of terms and conditions of the policy, still has fasten the liability on the Insurance company. It is submitted that the Insurance company is not liable to pay the compensation. It is further submitted that the interest was granted at 8%, which is exorbitant. Learned counsel further submitted that without examining the doctor, the court had granted an amount of Rs.45,000/- towards pain and suffering. Learned counsel submits that the X-ray was not produced and without producing the X-ray, the court

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5 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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had considered and granted the compensation. Learned counsel submits that the said compensation granted by the tribunal is without any basis.

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There is no representation on behalf of respondent Nos.1 and 2. Notice has been served to respondent No.1 but no vakalath is filed. Notice is taken out on the respondent No.2 by way of paper publication vide order dated 23.05.2023.

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Having heard the learned counsel for the appellant/Insurance company, perused the entire material on record. In this case, the driver of the offending vehicle was having a license to drive the LMV three wheeler at the time of accident. The vehicle involved in the accident is an auto transport. According to the learned counsel for the Insurance company, as it is a LMV transport vehicle and as he has no driving license to drive same, there is violation of terms and conditions of the policy. This court is not able

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to appreciate the said contention raised on behalf of the

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6 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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Insurance company in the light of the law laid down by the Apex court in the case of ' Mukund Devgan Vs. Oriental

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Insurance Company Ltd' .

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The Insurance company is liable to pay the compensation. Then coming to the quantum of compensation, as per the wound certificate, the claimant had sustained fracture, no X-ray is filed. X-ray is placed before the court but no doctor was examined. The court considering the wound certificate and the injury sustained by him, granted an amount of Rs.45,000/- on the head of pain and suffering and Rs.10,000/- towards convenience, attendant and other charges, as no doctor was examined no other amounts were granted by the court below. In the considered opinion of this court, there is no illegality in the order passed by the tribunal. Accordingly, this court holds that the Insurance company is liable to pay the compensation but the interest awarded by the tribunal is on the higher side and the same is reduced to 6%.

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7 - NC: 2023:KHC:39178 MFA No. 4956 of 2017

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Accordingly, the appeal of the Insurance company is

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partly allowed by reducing the rate of interest from 8% to 6%. The Insurance company is liable to pay the compensation.

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i. The amount in deposit shall be transmitted to

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the court below.

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ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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iii. No costs.

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Pending miscellaneous petitions, if any, shall stand

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closed.

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SD/JUDGE

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The Manager v. M L Raghu

Case brief

What is this about?

What did the court decide?

The Manager v. M L Raghu

Case brief

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What did the court decide?

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