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2020 DIGILAW 1658 (KAR)

Gopal v. Arjun

2020-09-02

S.R.KRISHNA KUMAR

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JUDGMENT S.R. Krishna Kumar, J. - Though this appealis posted for admission, with the consent of both sides the matter is taken up for final disposal. 2. This appeal by the claimant is directed against the impugned judgment and award dated 30.10.2015 passed in MVC No.564/2013 by the III Addl. Senior Civil Judge and Addl. MACT, Hubballi, (Itinary Court at Kalghatagi),(for short the Tribunal ) whereby the tribunal awarded a compensation in a sum of Rs.9,69,000/- together with interest @ 6% interest to the claimants who are the parents and brother of the deceased Manjunath Gopal Ganj igatti, who died in a fatal road traf fic accident that occurred on 09.04.2013. By the impugned judgment and award, the tribunal absolved the Insurance Company ofits liability to pay compensation and fastened the entire liability upon the owner of the offending vehicle on the ground that the driver of the vehicle did not possess a valid and ef fective driving license to drive the vehicle as on the date of the accident. 3. The owner/driver of the of fending vehicle having been served, he has chosen to remain absent and has not contested the appeal. 4. I have heard the learned counsel for the claimants as wells as the learned counsel for the Insurance Company and perused the material on record. 5. Learned counsel for the claimants submits that the impugned judgment and award absolved the Insurance Company ofits liability to pay compensation is erroneous in as much as the same is contrary to the Full bench decision of this Court in New India Assurance Company Vs Yallavva, (2020) 2 KCCR 1405 (FB), whereby the principle to pay and recover has to be invoked while fastening the liability to pay compensation to the claimants upon the Insurance Company. 6. Learned counsel also contends that the quantum of compensation deserves to be enhanced in the light of the Lok Adalath guidelines as well as the principles governing the grant of compensation as per the ratio of the decision of the Apex Court in the case of Sarla Verma & Others Vs Delhi Transport Corporation and Another, (2009) 6 SCC 121 , Nationalinsurance Company Limited Vs Pranay Sethi, (2017) AIR SC 5157 and in the case of United India Insurance Co. Ltd., Vs Satinder Kaur and Others in Civil Appeal No.2705/2020 and connected matter decided on 30.06.2020. Ltd., Vs Satinder Kaur and Others in Civil Appeal No.2705/2020 and connected matter decided on 30.06.2020. It is therefore contended that the impugned judgment and award passed by the tribunal deserves to be modified by enhancing the compensation to be paid in favour of the claimants by the Insurance Company. 7. Per contra, learned counsel for the Insurance Company would support the impugned judgment and award. 8. As rightly contended by the learned counsel for the claimants, in the light of the decision of Full bench decision in Yallavva s case supra, I deem it just and proper to invoke the principle of pay and recover thereby directing the Insurance Company to pay compensation in favour of the claimants by reserving liberty in its favour to recover the same from the owner of the offending vehicle. Accordingly, the said finding recorded by the tribunal absolving the Insurance Company ofits liability to pay compensation and directing the owner of the of fending vehicle to pay compensation is hereby set aside. Insofar as the quantum of compensation is concerned, keeping in mind the decision of the Apex Court supra, the compensation payable towards loss of dependency in view of the Lok Adalath guidelines since the accident occurred in the year 2013 is as under; Notionalincome 7,000 + 40% = 9800 9. Since the deceased was bachelor 50% is to be deducted towards his personal expenses. Thus, the compensation payable towards loss of dependency comes to Rs.4,900 x 12 x 18 = 10,58,400/- 10. The claimants would be entitled to a sum of Rs.40,000/- each towards loss of consortium. So also they would be entitled to a sum of Rs.15,000/- towards funeral expenses Rs.15,000/- towards and loss of estate. The tribunal has also awarded a sum of Rs.3,00,000/- towards medical expenses. Thus, the total compensation payable in favour of the claimants would come to Rs.15,08,400/-. 11. The tribunal having awarded a sum of Rs.9,69,000/-, the claimants would be entitled to additional enhanced compensation of Rs.5,39,400/- together with interest @ 6% p.a. from the date of claim petition till realization. 12. In the result, I pas the following; ORDER (a) The appealis partly allowed. (b) The impugned judgment and award is modified. (c) The claimants are entitled to additional enhanced compensation of Rs.5,39,400/- together with interest @ 6% from the date of the claim petition till realization. 12. In the result, I pas the following; ORDER (a) The appealis partly allowed. (b) The impugned judgment and award is modified. (c) The claimants are entitled to additional enhanced compensation of Rs.5,39,400/- together with interest @ 6% from the date of the claim petition till realization. (d) It is directed that the Insurance Company shall pay the entire compensation in favour of the claimants by reserving liberty in its favor to recover the same from the owner of the of fending vehicle.