IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT M.F.A. NO.1299/2011 (MV) BETWEEN:
Sri. Chimmanamada Somaiah S/o. Ponnappa Aged 26 years Chikkamandoor Ponnampet Virajpet Taluk Kodagu District. ... Appellant (Sri. K.S. Bheemaiah, Advocate) AND 1. Sri. H.P. Sampath Kumar S/o. H.E. Basavaraju Aged 44 years Shiva Colony Village Ponnampet Post Virajpet Taluk.
2. The Manager Bajaj Allianz General Insurance Company Limited Sri Hari Complex No.363, Seethavilas Road Mysore-570 024.
3. Sri. Mohan S/o. Sri. Raju, Major Aruvathoklu Village and Post Kodagu District. ... Respondents (Sri. P.B. Raju, Advocate for R2 R1 and R3 Served) This Miscellaneous First Appeal is filed under Section 173 (1) OF MV ACT against the judgment and award dated 30.09.2010 passed in MVC No.86/2008 on the file of the Civil Judge (Sr. Dn.) and MACT, Virajpet, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for final hearing this day, the court delivered the following:
J U D G M E N T This appeal is filed by the injured claimant calls in question the judgment and award dated 30.09.2010 which is made by Civil Judge (Sr.Dn.) & MACT, Virajpet, allowing the claim petition in M.V.C.No.86/2008 whereby, a compensation of Rs.94,100/- has been awarded with interest at the rate of 6% per annum.
2. The challenge is on the ground of inadequacy of compensation and also for imposing the liability on the respondent No.3.
3. The MACT, having adverted to the pleadings of the parties and after appreciating the evidentiary material has awarded the compensation of Rs.94,100/- which is short of entitlement going by the records of the evidentiary material on record. Hence, same is liable to be enhanced from Rs.94,100/- to Rs.1,25,000/-.
3A. The MACT ought to have imposed the award liability on the respondent No.2 even in the absence of a valid endorsement on the driving license, in view of the decision of the Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance company Limited reported in AIR 2017 Supreme Court 3668 wherein it is specifically held that the driver can drive all type of LMV vehicles and no need to have separate endorsement. As such, the insurance company can not avoid liability.
4. In the above circumstances, this appeal succeeds; the impugned judgment and award dated 30.09.2010 are modified by enhancing the amount of compensation from Rs.94,100/- to Rs.1,25,000/- (One Lakh and twenty Five Thousand Rupees) only with interest at the rate of 6% per annum.
Further, the liability is levied on the 2nd respondent-Bajaj Allianz General Insurance Company and that the enhanced compensation shall be paid within eight weeks. All other terms and conditions are left intact.
Costs made easy.
Sd/- JUDGE JS/-