Karnataka High Court
The National Insurance Co. Ltd vs Hanumanthappa S/O. Yallappa Bengeri on 20 September, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:10927
MFA No. 23303 of 2012
C/W MFA No. 20720 of 2012
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.23303/2012 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.20720/2012 (MV)
IN MFA.NO.23303/2012:
BETWEEN:
SHRI HANUMANTAPPA
S/O. YALLAPPA BENGERI,
AGE: 32 YEARS, OCC: L.I.C., AGENT,
R/O: MUGALI, TQ: SHIGGAON,
DIST: HAVERI.
...APPELLANT
(BY SRI H.R.LATUR, ADVOCATE.)
AND:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
Digitally I FLOOR, SUJATHA COMPLEX,
signed by
BHARATHI P.B. ROAD, NEAR OLD BUS STAND,
HM HUBBALLI.
...RESPONDENT
(BY SRI RAJESH B. RAJANAL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO
ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND
AWARD DATED 22.09.2011, PASSED BY DISTRICT JUDGE (FAST
TRACK COURT) AND MOTOR ACCIDENT CLAIM TRIBUNAL, HAVERI,
IN MVC NO.14/2011 (OLD-NO-MVC-93/2010) IN THE INTEREST OF
JUSTICE AND EQUITY.
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NC: 2023:KHC-D:10927
MFA No. 23303 of 2012
C/W MFA No. 20720 of 2012
IN MFA NO.20720/2012:
BETWEEN:
NATIONAL INSURANCE CO. LTD.,
I FLOOR, SUJATHA COMPLEX,
P.B. ROAD, NEAR OLD BUS STAND,
HUBBALLI.
APPELLANT IS REP. HEREIN BY
THE ADMINISTRATIVE OFFICER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICER (CELL),
SUJATHA COMPLEX, P.B.ROAD,
HUBBALLI - 580 029.
...APPELLANT
(BY SRI RAJESH B. RAJANAL, ADVOCATE)
AND:
SHRI HANUMANTAPPA
S/O. YALLAPPA BENGERI,
AGE: 32 YEARS, OCC: LIC AGENT,
R/O: MUGALI, TQ: SHIGGAON,
DISTRICT: HAVERI.
...RESPONDENT
(BY SRI H. R. LATUR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS, SET ASIDE THE JUDGMENT AND AWARD DATED
22.09.2011, PASSED IN MVC NO.14/2011, BY THE DISTRICT JUDGE
(FAST TRACK) AND MOTOR ACCIDENT CLAIM TRIBUNAL, HAVERI,
ALLOW THIS APPEAL DISMISS THE CLAIM PETITION, IN THE
INTEREST OF JUSTICE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal in MFA No.23303/2012 is filed by the claimant challenging the judgment and award dated -3- NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012 22.09.2011, passed by the tribunal, in MVC No.14/2011, seeking enhancement of compensation. Whereas, MFA No.20720/2012 is filed by the insurance company questioning the liability fastened on it to pay compensation on the ground that the claimant himself is the owner of motorcycle sustained injuries while riding the motorcycle. Hence the claim made by him under section 163A of the M.V.Act is not maintainable as the claimant is entitled for insurance under personal accident coverage as per insurance policy, but not in this petition.
2. Heard the arguments and perused the material placed before the Court.
3. The factum of accident and the claimant being owner of the motorcycle was riding the motorcycle and sustaining injuries in the accident are not disputed.
4. Here in the present case the claimant being owner of motorcycle has ridden the motorcycle and lost control over it and sustained injures. The owner himself -4- NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012 filed the claim petition under section 163A of the M.V.Act. The counsel for insurance company submitted, the claim made by the claimant being owner of the motorcycle against the insurance company is nothing but filing the claim petition against himself. Hence it is not maintainable.
5. On the other hand learned counsel for claimant submitted that the claim petition under section 163A of the M.V.Act is maintainable and prays for enhancement of compensation.
6. Considering these rival submissions, the claimant being owner of the motorcycle and while he was riding the motorcycle sustained injuries, filing claim petition against the insurance company just because there is an insurance policy is not maintainable under section 163A of the M.V.Act. Because making claim is amounting to claim against himself. Therefore the owner is entitled for compensation under the personal accident coverage as per the premium paid in the insurance policy. Personal -5- NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012 accident coverage is in respect of death or sustaining 100% disability as per General Regulation 36A of the Indian Motor Tarrif. This issue is no more res-integra in view of the judgment of this Court dated 23.01.2023, in MFA No.116/2015 between Oriental Insurance Company Limited vs. Mohammed Rafi @ Chotu and another.
7. In the above stated case it was held that the claimant had sustained 14% of physical disability and the sum assured under personal accident coverage (PA) is Rs.2,00,000/-. Therefore proportionate of 14% of disability on sum assured of Rs.2,00,000/- under PA coverage, awarded Rs.28,000/- compensation.
8. In the present case admittedly in the insurance policy the sum assured under PA coverage is Rs.1,00,000/-. From the medical evidence on record it is proved that the claimant has sustained 13% of physical disability towards whole body. Therefore, proportionate to -6- NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012 13% physical disability in Rs.1,00,000/- PA coverage comes to Rs.13,000/-. Hence the same is awarded.
9. The claimant has spent a sum of Rs.20,000/- towards medical expenses and incidental charges, but as per Schedule II of section 163A of M.V.Act, the claimant is entitled for maximum of Rs.15,000/- towards medical expenses. Accordingly a compensation of Rs.15,000/- is awarded under the head medical expenses.
10. Thus, in all the claimant is entitled for compensation of Rs.28,000/- (Rs.13,000 + Rs.15,000). Therefore the appeal filed by the insurance company is liable to be allowed in part. The appeal filed by the claimant for enhancement of compensation is hereby dismissed. Hence I pass the following.
ORDER
i) The appeal in MFA No.23303/2012 filed by the claimant is dismissed.
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NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012
ii) The appeal in MFA No.20720/2012 filed by the insurance company is allowed in part.
iii) The judgment and award dated 22.09.2011, passed by the District Judge (Fast Track) and MACT, Haveri, in MVC No.14/2011, stands modified.
iv) The claimant is entitled for total compensation of Rs.28,000/- along with interest at the rate of 6% p.a. from the date of petition till realization.
v) The claimant is not entitled for interest for the delayed period of 208 days in filing the appeal.
vi) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. -8-
NC: 2023:KHC-D:10927 MFA No. 23303 of 2012 C/W MFA No. 20720 of 2012
vii) The amount in deposit, if any, shall be transmitted to the tribunal.
viii) If any amount is paid in excess, the same shall be refunded to the insurance company.
ix) No order as to costs.
x) Draw award accordingly.
SD/-
JUDGE
MRK
List No.: 2 Sl No.: 13
CT-ASC