IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.1131/2019 (MV-I) BETWEEN:
United India Insurance Co. Ltd., Mysore Divisional Office, T.P Hub, Near Ballal Circle Mysore – 571 370. Through its Regional Office, 5th Floor, Krishibhavan, N.R.Road, Bengaluru-560001.
Represented by its Manager. …Appellant (By Sri.Janardhan Reddy, Advocate) AND:
1. Praveen, S/o H.Siddaraju, Aged about 30 years, R/at Ajjipura village, Kollegala Taluk-571440, Chamarajanagar District.
2. Muthuraju, S/o Biliyappa Shetty, Major in age, R/at No.34, Muthusettiyur village, Kollegal Taluk-571440, Chamarajanagar District.
(Owner of Lorry bearing No.KA-01-C-9038) ...Respondents This MFA is filed under Section 173(1) of Motor Vehicle Act, against the judgment and award dated 29.10.2018 passed in MVC No.972/2016 on the file of the Judge, Additional Court of Small Causes, MACT, Mysuru, awarding compensation of Rs.2,92,880/- with interest at 6% p.a. from the date of petition till realization.
This MFA coming on for Orders, this day, the Court delivered the following:
J U D G M E N T The appeal is directed against the judgment and award dated 29.10.2018 passed in MVC No.972/2016 by the learned Member, Motor Vehicles Accident Claims Tribunal, Mysuru wherein claim petition filed under Section 166 of the M.V.Act came to be partly allowed by awarding compensation of Rs.2,92,880/- together with interest at 6% p.a. from the date of petition till realization. Being aggrieved by the order passed by the Tribunal, the Insurance Company has come up in this appeal.
2. In order to avoid confusion the parties herein are referred to in accordance with their status as stood in the claim petition.
3. The incident pertains to a road traffic accident. On 13.3.2016 at about 8.30 p.m. when the petitioner was traveling in a lorry bearing registration No.KA-01-C-9038 loaded with jowar from Karnataka to Tamil Nadu, the driver of the said vehicle drove the same in a rash and negligent manner and when the vehicle reached near Kirepathre road, Kollegal Taluk, the vehicle turned turtle, because of which, petitioner sustained serious injuries and claimed compensation of Rs.16,00,000/-.
4. The learned Member has considered the claim for compensation and awarded the amount as mentioned above. The disability to the limb is considered at 24% and to the whole body at 8%. The petitioner was aged 27 years as on the date of accident and was working as a cleaner in the lorry. The monthly income of the petitioner is considered at Rs.9,000/- and considering the age of the petitioner, multiplier 17 has been adopted and the compensation is awarded as per the following break up:
1. Medial expenses and nourishment 2. Loss of income during laid up period and rest Rs. 59,000/- Rs. 27,000/-
3. Injury, pain and sufferings Rs. 25,000/-
4. Loss of future income Rs.1,46,880/-
5. Loss of amenities of life Rs. 20,000/-
6. Future medical expenses Rs. 15,000/-
Total Rs.2,92,880/-
5. Sri.Janardhan Reddy, learned counsel for the appellant- Insurance Company would submit that the injured actually was travelling as an unauthorized passenger in the offending vehicle and he is not entitled for claim from the Insurance Company and there is no payment of additional premium to cover such risk.
6. The Tribunal has answered Issue No.2, as to whether respondent No.3 proves that petitioner is an unauthorized passenger and is not covered under the insurance policy, in the negative.
7. Considering the over all circumstances of the case, I find the objections raised regarding petitioner being unauthorized passenger and non payment of additional premium, in the absence of evidence inspiring confidence of the Court, are not tenable. The liability apparently exists on the appellant. I am of the opinion that the compensation awarded is just and fair and does not require further continuation of proceedings. Hence, appeal is rejected. Amount in deposit shall be transmitted to the Tribunal.
Sd/- JUDGE bkp