Kedarlingapa S/O Tukaramappa, Vs Shivappa S/O Thimmappa

JOTIBA S/O. KEDARLINGAPPA, AGE: 27 YEARS, OCC: TAILORING, NOW-NIL, R/O. YENNEKOPPA VILLAGE, TQ. SORABA, DIST. SHIVAMOGGA, NOW AT: RANEBENNUR, TQ: RANEBENNUR, DIST. HAVERI-581115.

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…APPELLANT

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(BY SRI. GIRISH S. HULMANI, ADVOCATE)

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AND:

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Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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SHIVAPPA S/O. THIMMAPPA, AGE: MAJOR, OCC: BUSINESS, R/O. CHIKKCHOWTI, POST. YENNEKOPPA, TQ. SORABA, DIST. SHIVAMOGGA-577413.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023.

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…RESPONDENTS

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(BY SRI. R. R. MANE, ADV. FOR R2; NOTICE TO R1 SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS FROM THE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C. NO.1371/2014 DTD 01^ST OCTOBER 2016 BY SADDLING THE

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HC-KAR

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LIABILITY TO PAY COMPENSATION ON RESP.NO.02/INSURANCE COMPANY AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC.

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IN MFA NO.100386/2017

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BETWEEN:

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KEDARLINGAPA S/O. TUKARAMAPPA, AGE: 60 YEARS, OCC: CYCLE BUSINESS, NOW NIL, R/O. YENNEKOPPA VILLAGE, TQ: SORABA, DIST: SHIVAMOGGA, NOW AT: RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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…APPELLANT

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(BY SRI. GIRISH. S. HULMANI, ADVOCATE)

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AND:

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SHIVAPPA S/O. THIMMAPPA, AGE: MAJOR, OCC: BUSINESS, R/O. CHIKKCHOWTI, POST. YENNEKOPPA, TQ. SORABA, DIST. SHIVAMOGGA-577413.

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD, ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023.

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…RESPONDENTS

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(BY SRI. R. R. MANE, ADV. FOR R2; NOTICE TO R1 SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS FROM THE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C. NO.1370/2014 DTD 01^ST OCTOBER 2016 BY SADDLING THE LIABILITY TO PAY COMPENSATION ON RESP.NO.02/INSURANCE COMPANY AND ENHANCE THE COMPENSATION AS PRAYED FOR AND ETC.

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THESE APPEALS, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

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These appeals are listed for orders. With the consent of the learned Counsels appearing for both side, these appeals are taken up for final disposal.

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The Claimants in MVC Nos.1370 and 1371 of 2014 have maintained these appeals praying for enhancement of the compensation by modifying the judgment and award dated 01.10.2016 and to saddle the liability of paying the compensation on Respondent No.2.

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The case papers reveal that learned Additional Senior Civil Judge and AMACT Ranebennur has allowed the claim petitions filed by the appellants herein in part by holding that they are entitled for compensation of Rs.8,540/- and Rs.40,000/- respectively together with interest at the rate of 7.5% p.a. from the date of petitions till its realization. Further, learned MACT held that respondent No.1 is liable to pay the compensation and

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HC-KAR

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dismissed the petitions against Respondent No.2-United India Insurance Company Ltd.

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It is the case of the claimants that they had met with a road traffic accident on 13.04.2015 due to actionable negligence on the part of the driver of auto-rickshaw bearing No.KA.15 6838. While answering issue No.2 learned MACT absolved the liability of respondent No.2 on the ground that the driver of the offending vehicle was not holding a valid and effective driving license to drive a passenger auto-rickshaw as on the date of the accident and thereby there was breach of policy condition.

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During the course of the argument learned Counsel for Appellants relied on the decision of the Hon’ble Apex Court in the case of MUKUND DEWANGAN VS ORIENTAL

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INSURANCE COMPANY LIMITED reported in (2016) 4 SCC 298 and submitted that in this decision Hon’ble apex court

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has held that the driver holding license to drive light motor vehicle can drive transport vehicle of that class without any

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HC-KAR

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endorsement to the said effect and as such the Insurance Company is liable to pay the compensation by indemnifying the insured. Learned Counsel for Respondent No.2 conceded the above submission as well as the liability of the Insurance Company to pay the compensation in such circumstance.

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In the present case, admittedly the driver of offending vehicle was holding a valid and effective driving license to drive a motor cycle (NT), LMV 3 Wheeler (NT) and LMV (NT) car. In view of the above referred decision, it is to be held that the driver of offending vehicle was holding valid and effective driving license as on the date of the accident. As such both the owner and the insurer of the offending vehicle are jointly and severally liable to pay the compensation as determined by the Court.

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Coming to the prayer of the Appellants for enhancement of the compensation, learned MACT has

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HC-KAR

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awarded the compensation to the Claimants herein under

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the following heads:

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MVC No.1370/2014 – Sri Kedaralingappa

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1	For Painand Suffering	Rs.5,000
2	Medical Expenses	Rs.540
3	Conveyance, Diet, Extra Nourishment Charges, Food and Attendant Charges	Rs.1,000
4	Loss of Income during laid up period	Rs.1,000
5	Loss of future earning capacity on account of permanent physical disability	NIL
6	Loss of Amenities and enjoyment of life	Rs.1,000
	TOTAL	Rs.8,540

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MVC No.1371/2014 – Sri Jotiba

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1	For Pain and Suffering	Rs.5,000
2	Medical Expenses	Rs.32,500
3	Conveyance, Diet, Extra Nourishment Charges,Food andAttendant Charges	Rs.1,000
4	Loss of Income duringlaid up period	Rs.500
5	Loss of future earning capacity on account of permanent physical disability	NIL
6	Loss of Amenities and enjoyment of life	Rs.1,000
	TOTAL	Rs.40,000

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During the course of the argument learned Counsel for Appellants fairly submitted that the appellants have suffered simple injuries and prayed to award suitable compensation by taking into consideration the nature of

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HC-KAR

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injuries, the period of treatment, the medical expenses and incidental charges incurred during the period of treatment.

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The materials on record go to show that the Claimant in MVC.No.1370/2014 had sustained blunt injury over left ankle and knee and the claimant in MVC.No.1371/2014 had sustained lacerated wound over forehead. These injuries were simple in nature. Learned MACT has awarded the compensation to these Claimants as referred hereinabove by taking into consideration all relevant aspect including medical bills. In the facts and circumstances of the case, this Court opines it would be just and proper to enhance the compensation awarded to the Claimants by globally awarding additional amount of Rs.10,000/- each.

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In the result, this Court proceeds to pass the following:

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HC-KAR

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ORDER

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i) The appeals are allowed in part.

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ii) The Appellants are entitled for a sum of Rs.10,000/- each in addition to the compensation already awarded by learned MACT.

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iii) Respondent Nos.1 and 2 are jointly and severally liable to pay the compensation determined in the case.

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iv) Respondent No.2 is directed to deposit the entire compensation amount, i.e., the compensation awarded by learned MACT and the additional compensation awarded by this Court compensation amount, together with interest thereon at the rate of 6% p.a. from the date of the petition till its realization.

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v) Respondent No.2 is directed to deposit the compensation amount with accrued interest

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