Karnataka High Court
National Insurance Co.Ltd., Branch ... vs Kumari Saniya D/O Khaza Mohinuddin on 27 June, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 27TH DAY OF JUNE, 2014
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
MISCELLANEOUS FIRST APPEAL NO.30653/2012
C/W
MISCELLANEOUS FIRST APPEAL NO.30652/2012
C/W
MISCELLANEOUS FIRST APPEAL NO.30654/2012
C/W
MISCELLANEOUS FIRST APPEAL CROSS OBJECTION
NO.1022/2012 (MV)
MFA 30653/2012
BETWEEN:
National Insurance Company Limited
Branch Office Chitradurga
Earlier represented by
Its Branch Manager
National Insurance Company Limited
Ghandhi Chowk, Raichur
Now represented by
The Divisional Manager
National Insurance Company Limited
Bilgundi Complex
Main Road, Gulbarga.
... APPELLANT
2
(Shri Sanjay M. Joshi, Advocate)
AND:
1. Shashikumar S/o Basavarajappa
Age: 15 years, Occupation: Student
U/g father Basavarajappa
Occupation: Agriculture Work
Gram Gunjalli
Taluka and District : Raichur.
2. Hanumantharaya
S/o Venkataramanappa
Aged: Major,
Occupation: Bus Driver
R/o Kotwar Gram
Taluka: Pavagad
3. H. Kottresh S/o Gurubasappa
Age: Major, Occupation: Business and
Bus Owner bus Registration No.
KA-16/A-4716
R/o M.S. S.M.M.S. C.K.Pur
Chitradurga.
... RESPONDENTS
(Shri Babu H. Metagudda, Advocate for respondent-1)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 against the Judgement and
Award dated 22.12.2011 passed in MVC No.83/2011 on the file
of the Principal Motor Accident Claims Tribunal at Raichur,
awarding compensation of Rs.40,000/- in favour of the original
petitioner, with 8% interest from the date of the petition to the
date of the deposit of amount.
3
MFA 30652/2012
BETWEEN:
National Insurance Company Limited
Branch Office Chitradurga
Earlier represented by
Its Branch Manager
National Insurance Company Limited
Ghandhi Chowk, Raichur
Now represented by
The Divisional Manager
National Insurance Company Limited
Bilgundi Complex
Main Road, Gulbarga.
... APPELLANT
(Shri Sanjay M. Joshi, Advocate)
AND:
1. Shivamma W/o Veerareddy
Age: 51 years, Occupation: Cook
R/o Gunjalli Gram
Taluka and District: Raichur.
2. Hanumantharaya
S/o Venkataramanappa
Aged: Major,
Occupation: Bus Driver
R/o Kotwar Gram
Taluka: Pavagad
3. H. Kottresh S/o Gurubasappa
Age: Major, Occupation: Business and
4
Bus Owner bus Registration No.
KA-16/A-4716
R/o M.S. S.M.M.S. C.K.Pur
Chitradurga.
... RESPONDENTS
(Shri Babu H. Metagudda, Advocate for respondent-1
Shri B. Alimohammed, Advocate for respondent-2 and 3)
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 against the Judgement and
Award dated 22.12.2011 passed in MVC No.84/2011 on the file
of the Principal District Judge, Motor Accident Claims
Tribunal-1 at Raichur, partly allowing the claim petition and
awarding the compensation of Rs.4,58,736/- with interest @
8% p.a.
MFA 30654/2012
BETWEEN:
National Insurance Company Limited
Branch Office Chitradurga
Earlier represented by
Its Branch Manager
National Insurance Company Limited
Ghandhi Chowk, Raichur
Now represented by
The Divisional Manager
National Insurance Company Limited
Bilgundi Complex
Main Road, Gulbarga.
... APPELLANT
(Shri Sanjay M. Joshi, Advocate)
5
AND:
1. Saniya D/o Khaza Mohinuddin
Age: 15 years (minor)
Represented by her mother
Raziya Begaum W/o Khaza Mohinuddin
Occupation: House hold
R/o Gunjalli Gram
Taluka and District : Raichur.
2. Hanumantharaya
S/o Venkataramanappa
Aged: Major,
Occupation: Bus Driver
R/o Kotwar Gram
Taluka: Pavagad
3. H. Kottresh S/o Gurubasappa
Age: Major, Occupation: Business and
Bus Owner bus Registration No.
KA-16/A-4716
R/o M.S. S.M.M.S. C.K.Pur
Chitradurga.
... RESPONDENTS
This Miscellaneous First Appeal is filed under Section
173 (1) of Motor Vehicles Act, 1988 against the Judgement and
Award dated 22.12.2011 passed in MVC No.85/2011 on the file
of the Principal District Judge, Motor Accident Claims Tribunal
at Raichur, awarding compensation of Rs.10,000/- in favour of
the original petitioner, with 8% interest from the date of the
petition to the date of the deposit of amount.
6
MFA Cross Objection 1022/2012
BETWEEN:
Shivamma W/o Veerareddy
Age: 51 years, Occupation: Cook
R/o Gunjalli Gram
Taluka and District: Raichur - 583 101.
... Cross Objector
(Shri Babu H. Metagudda, Advocate)
AND:
1. Hanumantharaya
S/o Venkataramanappa
Aged: Major,
Occupation: Bus Driver
R/o Kotwar Gram
Taluka: Pavagad
2. H. Kottresh S/o Gurubasappa
Age: Major, Occupation: Business and
Bus Owner bus Registration No.
KA-16/A-4716
R/o M.S. S.M.M.S. C.K.Pur
Chitradurga - 587 101.
3. The Branch Manager,
National Insurance Company Limited
Chitradurga.
Represented by
7
The Branch Manager
National Insurance Company Limited
Ghandhi Chowk, Raichur - 583 101.
... RESPONDENTS
(Shri Sanjay M. Joshi, Advocate)
This Miscellaneous First Appeal Cross objection is filed
under Section 41 Rule 22 of CPC, against the Judgement and
Award dated 22.12.2011 passed in MVC No. 84/2011 on the
file of the Principal District Session Judge and Motor Accident
Claims Tribunal-I at Raichur, partly allowing the petition and
seeking enhancement of compensation.
These appeals coming on for Orders, this day, the Court
delivered the following:
JUDGMENT
These appeals are considered for final disposal on the short ground that the appellant, which is the insurance company, has questioned the judgment and award of the Motor Accident Claims Tribunal (MACT), on the primary ground that the driver of the offending vehicle did not possess a valid driving licence though the vehicle was duly insured with the appellant. However, to set the said controversy at rest, the respondents - claimants has now obtained a certified copy of 8 the driving licence of the concerned driver and seeks to produce the same under an application. The learned Counsel for the appellant would therefore submit that since this is the primary ground on which the appeals are filed, the appeals may be disposed of with liberty to the appellant to verify the correctness and the validity of the certified copy of the driving licence now sought to be produced by the respondent and the amount in deposit may be permitted to be withdrawn by the claimants subject to such verification.
Consequently, the appeals are disposed of with liberty to the appellant to seek restoration of the appeals in the event the driving licence now sought to be produced by the respondent is found to be wanting in any particular.
2. In so far as the Cross Objections filed in MFA Crob.1022/2012 is concerned, there is a delay of 19 days in filing the same. The Insurance Company, which is the respondent is represented by Shri Sanjay M Joshi. 9
Since the cross objections are filed on a limited ground namely, that the notional income of the injured has been taken at Rs.3,500/- and since the accident was of the year 2009, it is to be straight away noticed that the notional income adopted in respect of persons such as the claimant, who is the Cross- Objector, was around Rs.4,500/- and therefore, if the notional income is enhanced to Rs.4,500/- per month, the appellant would be entitled to an additional compensation of Rs.1,17,600/- towards loss of future earning. Further, in the opinion of this court, a sum of Rs.40,000/- towards pain and suffering and a sum of Rs.50,000/- towards the purchase of artificial limb, in the absence of any evidence in this regard and though the learned Counsel for the Cross-Objector claims that it costs Rs.2,00,000/-, ought to be awarded. Accordingly, the Cross-Objector is entitled to a total additional Compensation of Rs.2,07,600/-, which shall carry interest at 6% per annum from the date of petition till the date of payment. 10
The Cross-objection is allowed in part.
Sd/-
JUDGE nv