Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 1657 (KAR)

Divisional Manager New India Assurance Co. Ltd. Regional Office, Asst Manager, Hubli v. Ravichandra

2020-09-02

S.R.KRISHNA KUMAR

body2020
JUDGMENT S.R. Krishna Kumar, J. - Though this matter is posted for admission, with the consent of both sides the matter is taken up for f inal disposal. 2. Both this appeal and Cross objections are directed against the impugned judgment and award dated 05.03.2011 passed in MVC 509/2010 by the Addl. MACT and Fast Track Court-I, Koppal, (for short 'the Tribunal') whereby the tribunal awarded a sum of Rs.2,43,500/- together with interest @ 8% p.a. by way of compensation towards the injuries sustained by the claimant in a road traf fic accident that occurred on 15.06.2010. 3. Mfa No.23598/2011 is preferred by t he Insurance Company while MFA Crob.841/2012 is fi led by the Claimant seeking enhancement of compensation. 4. I have heard the learned counsel for Insurance Company and the learned counsel for the claimants and perused the material on record. 5. Learned counsel for the Insurance Company submits that the tribunal committed an error in directing the Insurance Company to pay compensation in favour o the claimant reserving l iberty in its favour to recover the same from the owner of the of fending vehicle. In this context, it was submitted that the driver of the offending vehicle did not posses a val id and effective driving l icense as on the date of the accident and as such, the tribunal was committed an error in fastening the l iabil ity to pay compensation in favor of the claimants. It is also submitted that the quantum of compensation awarded by the tribunal is excessive and the same deserves to be reduced by this Court. 6. Per contra, learned counsel for the claimant in addition to supporting the impugned judgment and award with regard to the Insurance Company being l iable to pay compensation also submits that having regard to the grievous and serious nature of injuries sustained b y the claimant in the accident, the quantum of compensation deserves to be enhanced b y this Court. 7. 7. The question with regard to the l iabil ity of the insurance company to pay compensation in favour of the claimants in the event the driver of the offending vehicle does not possess a val id and effective driving l icense is no longer res-integra in the l ight of the decision of the Ful l Bench in the case of New India Assurance Company Vs Yallavva, (2020) 2 KCCR 1405 (FB). Under these circumstances, the said contention urged on behalf of the Insurance Company deserves to be rejected. 8. Insofar as the quantum of compensation is concerned, having regard to the grievous and serious nature of injuries sustained by the claimant in the accident, I am of the considered opinion that in the interest of justice, it would be just, fair and proper to award an additional enhanced compensation of Rs.75,000/- by way of global compensation together with interest @ 6% p.a. from the date of the claim petition ti l l real ization. 9. In the result I pass the fol lowing; ORDER MFA No.23598/2011 fi led by the Insurance Company is hereby dismissed. MFA Crob.,No.841/2012 f led by the claimant is hereby partly al lowed. The impugned judgment and award dated 05.03.2011 passed in MVC No.509/2010 by the Member, Addl. MACT and Presiding Off icer, FTC-I, at Koppal, is hereby modif ied. The claimant is entitled to an additional enhanced compensation of Rs.75,000/- by way of global compensation together with interest @ 6% p.a. from the date of the claim petition ti l l real ization. The amount in deposit in MFA No.23598/2011 is directed to be transferred to the tribunal for disbursement.