Karnataka High Court
Sharanappa S/O Gundappa Kattimani vs The Divisional Manager on 9 September, 2014
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
ON THE 9TH DAY OF SEPTEMBER, 2014
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A. NO.30909/2010 (MV)
BETWEEN
SHARANAPPA
S/O GUNDAPPA KATTIMANI,
AGE: 64 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O VILLAGE YADLPUR,
TQ. & DIST: BIDAR.
... APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADV.)
AND
1. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
REPRESENTED BY ITS BRANCH MANAGER, BIDAR,
SITUATED AT BASAWESHWAR CHOWK, BIDAR.
2. SHARANAPPA S/O BAKKAPPA,
AGED 29 YEARS,
OCC: DRIVER AND OWNER
OF KA-32/6934, R/O VILLAGE AYASPUR,
TQ. & DIST. BIDAR.
... RESPONDENTS
(SRI. SHIVANAND PATIL, ADV. FOR R1;
SRI. HARSHAVARDHAN R. MALIPATIL, ADV. FOR R2)
2
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.03.09 PASSED IN MVC
NO.151/07 ON THE FILE OF PRESIDING OFFICER FAST TRACK
COURT-II AT BIDAR, PARTLY ALLOWING THE CLAIM PETITION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award of the Tribunal while granting compensation and holding the owner liable to satisfy the award, the claimant has filed this appeal, seeking enhancement of compensation as well as questioning the liability.
2. So far as the liability is concerned, the Tribunal was of the view that the seating capacity of the vehicle is 1+3. That the material on record would show that the appellant was carrying 1+8 passengers. Hence, there is a violation of terms of the insurance policy and the insurer is not liable to satisfy the award. The insurer does not dispute the fact that the seating capacity of the 3 vehicle is 1+5. However, the Tribunal has wrongly held it as 1+3. Whether the vehicle was carrying 1+3 or 1+5 would not be a relevant consideration in view of the fact that there is only one claim from the accident.
3. The Hon'ble Supreme Court in a judgment in the case of National Insurance Co. Ltd. Versus Anjana Shyam and Others reported in AIR 2007 SC 2870 held that the insurer cannot absolve from its liability only on the ground that excess passengers were being carried. The insurer is liable to satisfy the claims so far as the premium has been collected for those many persons. In the instant case, the policy covers 1+5. There is only one claim petition. Consequently, the finding of the Tribunal absolving the insurer from satisfying the award is set aside. The insurer is liable to satisfy the award.
4. So far as enhancement is concerned, a sum of Rs.10,000/- has been awarded towards loss of amenities. The same is enhanced by a further sum of Rs.10,000/-. 4 No amount has been awarded towards loss of earning during the laid up period. The appellant was in hospital for 12 days. In view of the injuries sustained, the appellant would require a period of at least 6 months to recover from the injuries. Since, the accident occurred in the year 2007, it is appropriate to hold his notional income at Rs.5,000/- per month. Hence, the appellant is entitled to a sum of Rs.30,000/- (Rs.5,000/- x 6) towards loss of earning during the laid up period. The amount of Rs.20,000/- awarded towards pain and suffering is just and undisturbed. The amount of Rs.17,120/- awarded towards medical expenses, the amount of Rs.1,000/- awarded towards attendant charges and the amount of Rs.5,000/- awarded towards food and nourishment are also just and undisturbed. A sum of Rs.15,000/- is awarded towards litigation expenses.
5. The compensation now awarded is as follows: 5
1 Towards pain and suffering Rs. 20,000/- 2 Towards loss of amenities and Rs. 20,000/-
unhappiness 3 Towards medical expenses Rs. 17,120/- 4 Towards loss of earning Rs. 30,000/-
during laid up period 5 Towards attendant charges Rs. 1,000/- 6 Towards food and Rs. 5,000/-
nourishment 7 Towards litigation expenses Rs. 15,000/-
Total Rs. 1,08,120/-
Hence, in all the compensation is enhanced by a sum of Rs.55,000/- (Rs.1,08,120/- less Rs.53,120/-) which shall carry interest at the rate of 9% p.a. from the date of the petition till the date of payment and shall be paid by the insurer within a period of 8 weeks from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/-
JUDGE LG