Sri. Krishna Murthy Vs Sri. Adarsh @ Adarsh B. Hampole

SRI. KRISHNA MURTHY S/O SRI. KARIYAPPA, AGED ABOUT 27 YEARS, RESIDING AT RAVINDRANATHA BADAVANE, SUBRAMANYA NAGAR, NEAR INDUSTRIAL AREA, DAVANAGERE DRIVER CUM OWNER OF VEHICLE PIAGGO BEARING REGISTRATION NO.KA-17-B-3692

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…APPELLANT

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(BY SRI. K S BHEEMAIAH.,ADVOCATE)

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AND:

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SRI. ADARSH @ ADARSH B. HAMPOLE S/O BASAVARAJ, AGED ABOUT 21 YEARS, RESIDING AT NO. 3682/A-66, 1-C MAIN, 7^TH CROSS, TARALABALU EXTENSION, DAVANAGERE 577005.

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THE GENERAL MANAGER IFFCO-TOKIO GENERAL

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NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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INSURANCE COMPANY LIMITED, SUDEV PLAZA, 3^RD FLOOR, OPP: LAKSHMI TEMPLE DAJIBAN PET, HUBLI 29.

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…RESPONDENTS

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(BY SRI. THYGARAJ N , ADVOCATE FOR R1; SRI. B. PRADEEP, ADVOCATE FOR R2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.07.2013 PASSED IN MVC NO.356/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, MACT, DAVANAGERE, AWARDING COMPENSATION OF Rs.1,90,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 8498/2013

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BETWEEN:

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ADARSH @ ADARSH B. HAMPOLE S/O BASAVARAJ H S AGED ABOUT 20 YEARS PROF: MBBS STUDENT RESIDING AT NO.3682/A-66 I-C MAIN, 7TH CROSS TARALABALU EXTENSION DAVANAGERE-577005.

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...APPELLANT

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(BY SRI. THYAGARAJ N.,ADVOCATE)

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AND:

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KRISHNA MURTHY S/O KARIYAPPA AGED ABOUT 26 YEARS

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NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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RESIDING AT RAVINDRANATHA LAYOUT, SUBRAMANYA NAGAR NEAR INDUSTRIAL AREA, DAVANAGERE DRIVER CUM ONWER OF THE VEHICLE PIAGGIO BEARING REG NO KA-17/B-3692 - 577 005.

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THE GENERAL MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED SUDEV PLAZA, 3^RD FLOOR OPP LAKSHMI TEMPLE DAJIBAN PET, HUBLI-29.

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..RESPONDENTS

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(BY SRI. K S BHEEMAIAH, ADVOCATE FOR R1 SRI. B. PRADEEP, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.07.2013 PASSED IN MVC NO.356/2012 ON THE FILE OF THE I ADDITIONAL SENIOR JUDGE, MACT-5, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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HON'BLE MR. JUSTICE B M SHYAM PRASAD

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4 - NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

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These appeals are as against the Judgment and Award dated 30.07.2013 in MVC No.356/2012 on the file of the I Additional Senior Civil Judge and MACTV, Davanagere [for short, ' the Tribunal' ]. The appeal by the owner of the goods vehicle [the Insured vehicle] is in MFA No.4971/2014, and the appeal by the claimant [the injured] is in MFA No.8498/2013. The Tribunal has granted a total sum of Rs.1,90,000/- with interest at 8% per annum from the date of petition till realization dismissing the claim petition against the Insurer calling upon the owner to deposit this amount under the following

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heads.

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Painand suffering	Rs. 30,000-00
Forconveyance charges	Rs.5,000-00
For attendant and nourishingfood	Rs. 10,000-00
Medicalbills	Rs.75,000-00
Loss of discomfort and amenities of life	Rs. 50,000-00
For future medical expenses	Rs. 20,000-00
Total	Rs.1,90,000-00

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5 - NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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The learned counsels for the parties submit that the Tribunal has absolved the Insurer only because the driver of the Insured Vehicle possessed a light motor vehicle licence and he could not have driven the goods vehicle, but it is also stated in unison that in terms of the decision of the Constitution Bench in M/s Bajaj Alliance General Insurance Co. Ltd. vs. Rambha Devi and Ors¹ , the Insurer cannot dispute the liability and must indemnify the owner and as such the owner’s appeal must be allowed in the light of this decision.

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The next question for consideration is

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whether there must be an enhancement in the compensation awarded by the Tribunal. Sri.Thyagaraj N., the learned counsel for the claimant, submits that the evidence of the Doctor [PW.3] is that the implant is in situ and the claimant must undergo surgery for removal of the implant, and that he will have to incur

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1 (2019) 12 SCC 816

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6 - NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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a sum of Rs.60,000/- but the Tribunal has granted only a sum of Rs.20,000/- towards future medical expenses. The learned counsel also argues that the claimant, as a 19-year-old first year MBBS student, has suffered three fractures; that the claimant was a keen cricketer and because of the injuries that he has suffered he could not pursue his interest in cricket. However, the learned counsel is categorical that the claimant has not only completed his graduation in Medicine but has also completed Post Graduation in Radiology.

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In consideration of all these

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circumstances, and on perusal of the evidence of the Doctor, this Court finds that there must be an enhancement in a global sum of Rs.1,00,000/-. At this stage, Sri Pradeep B., the learned counsel for the Insurer, submits that this Court must grant interest at 6% per annum as there are no extraordinary circumstances to justify a higher rate of interest as

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7 - NC: 2025:KHC:27920-DB MFA No. 4971 of 2014 C/W MFA No. 8498 of 2013

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HC-KAR

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granted by the Tribunal. This Court finds merit in

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this submission, and hence, the following:

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ORDER

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[A] The appeal by the owner in MFA No.4971/2014 is allowed, and the Insurer is called upon to pay the compensation to the claimant whose appeal in MFA No.8498/2013 is allowed in-part granting a compensation in a sum of Rs.2,90,000/-, including the global compensation of Rs.1,00,000/-, with interest at 6% per annum from the date of petition till deposit. The Tribunal’s Judgment and Award dated 30.07.2013 in MVC No.356/2012 on the file of the I Additional Senior Civil Judge and MACT-V, Davanagere is modified accordingly

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