IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No. 6844/2016 C/w MISCELLANEOUS FIRST APPEAL No.7970/2016 (MV) MFA NO.6844/2016 BETWEEN:
ICICI Lombard Motor Insurance Company Ltd., No.89, SVR Complex, 2nd Stage, Hosur Main Road, Madiwala, Bangalore -560 068.
Now represented by M/s. ICICI Lombard General Insurance Company Ltd., No.121, The Estate, 9th Floor, Dickenson Road, M.G. Road, Bangalore -560 042. ...Appellant (By Sri H.N. Keshava Prashanth, Advocate) AND:
1. Smt. Kempamma, W/o. Late Ningaiah, Now aged about 46 years, 2. Shivaraju, S/o. late Ningaiah, Now aged about 29 years, 3. Shruti, D/o. Ningaiah, Now aged about 25 years, 4. Pallavi, D/o. late Ningaiah, Aged about 24 years, All are R/at Hunasepalya Village, Bailuru Post, Lokkanahaly Hobli, Kollegal Taluk, Chamarajanagara District 571 313.
5. Rajashekarmurthy, S/o. Jaderudrappa, Major, R/at Odeyarapalya Village, Huttur Post, Lokkanahally Hobli, Kollegal Taluk, Chamarajanagara District -571 313.
…Respondents (By Smt. P.C. Sunitha, Advocate for R5;
Notice to R1 to R4 are served and unrepresented) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicle Act, against the judgment and award dated 30.04.2016 passed in MVC No.202/2015 on the file of the Senior Civil Judge & JMFC, Kollegala awarding compensation of Rs.10,44,655/- with interest @ 6% p.a. from the date of petition till deposit in Court.
MFA NO.7970/2016 BETWEEN:
1. Smt. Kempamma, W/o. Late Ningaiah, Aged about 46 years, 2. Shivaraju, S/o Late Ningaiah, Aged about 29 years, 3. Shruti, D/o. late Ningaiah, Aged about 25 years, 4. Pallavi, D/o. Late Ningaiah, Aged about 24 years.
All are R/at Hunasepalya Village, Balluru Post, Lokkanahalli Hobli, Kollegal Taluk, Chamarajanagara District- 571 440. ...Appellants (By Sri. Mahadeva Swamy P., Advocate) AND:
1. Rajashekarmurthy, S/o. Jaderudrappa, Major, R/at Odeyarapalya Village, Huttur Post, Lokkanahalli Hobli, Kollegala Taluk, Chamarajanagara District -571 440.
2. The Branch Manager, The ICICI Lombard General Insurance Company Ltd., No. 89, SVR Complex, 2nd Stage, Hosur Road, Bangalore -68. …Respondents (By Sri G.A. Venugopalan, Advocate for R1;
Sri. H.N. Keshava Prashanth, Advocate for R2) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicle Act, against the judgment and award dated 30.04.2016 passed in MVC No.202/2015 on the file of the Senior Civil Judge & JMFC, Kollegala partly allowing the claim petition for compensation and seeking enhancement of compensation.
These M.F.A’s coming on for Further Orders this day, the Court delivered the following:
J U D G M E N T Appeal is filed by the Insurance Company challenging the judgment and award passed by the Senior Civil Judge, JMFC, Kollegala with regard to the liability. It is the submission of the appellant that, the driver of the offending vehicle was having driving license only for non-transport vehicle and not for transport vehicle. The vehicle involved in the accident is a transport vehicle and accordingly requested this Court to fasten the liability on the owner.
2. In this regard, both the counsel brought to the notice of this Court about the judgment of the Hon’ble Supreme Court in the case of MUKUND DEWANGAN VS. ORIENTAL INSURANCE CO., LTD., reported in AIR 2017 SC 3668, wherein the issue was as to whether the driver possessing the driving license of non-transport vehicle can drive the transport vehicle. In that case, the insurance company was made liable to pay compensation to the claimant and held that in a case where driving license to drive non-transport vehicle is available that itself is sufficient to drive transport vehicle also as long as vehicle in question falls in that class itself. Accordingly appeal of the insurance company is rejected. The amount in deposit is to be transmitted to the Tribunal for payment.
3. MFA No.7970/2016 is filed by the claimants-appellants for enhancement of compensation.
4. Learned counsel for the appellants confined his submission only with regard to awarding of compensation under the head “Loss of Dependency”. The income of the claimant as claimed in the claim petition was Rs.10,000/-p.m. Tribunal has assessed his income at Rs.7,000/- p.m which is on the lower side and same is required to be assessed at Rs.9,000/- p.m.
5. This Court consistently taking the income of the deceased at Rs.9,000/- p.m for the accident caused in the year 2014. Hence, the income of the deceased is to be assessed at Rs.9,000/- p.m. Hence, claimants are entitled for a sum of Rs.7,92,000/- ( 9000 x 12 x 11 x 2/3) towards “Loss of Dependancy” as against Rs.6,93,000/-. * (deleted) * deleted vide chamber order dated 17.11.2017.
and it is enhanced and rounded off to Rs.1,00,000/-. MFA No.7970/2016 is allowed in part accordingly.
6. In all the claimants are granted enhanced compensation of * Rs.1,00,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation carries interest at 6% p.a from the date of petition till the date of payment.
Sd/- JUDGE BVK/AG * corrected vide chamber order dated 17.11.2017.