IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.555/2019(MV) BETWEEN:
M/s.UNITED INDIA INSURANCE COMPANY LTD., COLLEGE ROAD, MADIKERI KODAGU DISTRICT (INSURER OF MARUTI OMNI CAR) THROUGH ITS REGIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD., VI FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU REP. BY ITS MANAGER MR S VENKATAKRISHNA ..APPELLANT (BY SRI LAKSHMINARASAPPA, ADVOCATE FOR SRI SEETHA RAMA RAO B C., ADVOCATE) AND:
1 . SRI KOUSHIK H L AGED ABOUT 27 YEARS, S/O LINGARAJU H B OCC: ATTENDER AT GUDDE HOSUR GRAMA PANCHAYATH RESIDENT OF HOSAPATNA VILLAGE KUSHALNAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT 2 . MR THOUFIQ MAJOR IN AGE S/O MR HASAN RESIDENT OF BITTANGALA VIRAJPET TALUK KODAGU DISTRICT (DRIVER OF MARUTI OMNI CAR) 3 . MR RONY MICHAEL S/O MICHAEL MAJOR IN AGE RESIDENT OF COOL TECH REFRIGERATON, MASJID BUILDING, GONIKOPPAL ROAD VIRAJPET TALUK KODAGU DISTRICT (OWNER OF MARUTI OMNI CAR) ..RESPONDENTS (BY SRI N JAGADISH BALIGA, ADVOCATE FOR R-1, R-2 AND R-3 ARE SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC NO.170/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MACT, KODAGU, MADIKERI, AWARDING COMPENSATION OF RS.3,69,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT With the consent of the learned counsel appearing for the parties, appeal is taken up for final disposal.
Appeal is directed against the Judgment and award dated 20.10.2018 passed in MVC No.170/2017 by the I Additional District Judge, MACT Kodagu, Madikeri, wherein claim petition came to be allowed in part and compensation of Rs.3,69,000/- with interest at the rate of 9% p.a. from the date of petition till its realisation came to be granted to the petitioner payable by the insurance company and with liberty to recover the amount from the owner. Being aggrieved by the said Judgment and award insurance company has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The details of the accident are on 01.08.2017 at about 7.30 P.M. petitioner was proceeding as a pillion rider on Honda Activa Scooter bearing registration No.KA-12-R-0924 ridden by his friend Karthik from Hosapatna Village to Kushalnagar towards left side of the road. When they reached national highway at Bychanahalli near Blue Moon Petrol Bunk it was 7.45 P.M. suddenly a Maruthi Omni Car bearing registration No.KA-12-M-2513 came from the front of the Puncher shop in a rash and negligent manner and dashed against the motorcycle on which petitioner was traveling because of which he sustained injuries with bodily abrasions and fracture to right leg. He was taken to Kushalnagar Government hospital and hospitalised between 02.08.2017 to 08.08.2017 and underwent surgery.
4. The amount of compensation granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and suffering Rs. 35,000/-
2. Reimbursement of medical expenses 3. Permanent disability (Rs.1,20,000/-x10%x18) 4. Attendant charges during hospitalization period of 6 days at the rate of Rs.500/- per day Rs. 37,500/- Rs.2,16,000/- Rs. 3,000/-
5. Conveyance charges Rs. 29,500/-
6. Nourishment during hospitalization period of 6 days at the rate of Rs.500/- per day 7. Loss of happiness and future amenities Rs. 3,000/-
Rs. 20,000/-
8. Future medical expenses Rs. 25,000/- Total compensation Rs.3,69,000/-
5. Learned counsel for appellant would submit that the driver of the offending vehicle did not possess driving licence because of which there is no liability on the insurance company. Learned counsel further submits that the claimant is continuing his service as such loss of future income would not arise for consideration and further submits quantum of compensation granted by the Tribunal is higher.
6. Learned counsel Sri N Jagadish Baliga for respondent-claimant submits that the compensation if reduced claimant would face hardship. Learned Member has rightly granted compensation.
7. In the circumstances of the case grievance of the appellant is there is no liability because of no valid driving licence and further learned counsel submits that even pay and recovery also cannot be clamped on the insurer.
8. Thus, bone of contention in the matter is quantum of compensation and driving licence and on perusal of the reasons and operative portion of the order, I find it is not absolute liability saddled on the insurance company. It is being ordered to pay however with a liberty to recover from the owner.
9. With all relevant consideration I find that the compensation ordered is fair and just and does not require to be interfered either regarding quantum or regarding principles of application of liability. There is no necessity of further proceedings in the case.
Appeal is dismissed.
Amount in deposit be transmitted to the Tribunal.
Sd/- JUDGE SBN