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2020 DIGILAW 1680 (KAR)

K. A. Srinivasa v. Anand Naik

2020-09-03

N.S.SANJAY GOWDA

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JUDGMENT N.S.Sanjay Gowda, J. - The claimant, being dissatisfied with the compensation of Rs.2,24,597/- awarded to him for the injuries sustained, is in appeal. 2. The factum of the accident is not in dispute. The Insurance Company, however, contends that it can not be made liable, since, the driver of the vehicle did not possess a driving licence at all and that is evident from chargesheet that had been filed in that regard against the driver. 3. The Tribunal after assessing the evidence has come to the conclusion that the claimant is entitled to the following: Sl. No . Particulars Amount in (Rs.) 1. Pain and sufferings 25,000/- 2. Medical expenses 47,997/- 3. Loss of income during rest period 18,000/- 4. Nourishment, attendant & conveyance charges 10,000/- 5. Loss of amenities 20,000/- 6. Loss of future income 93,600/- 7. Future Medical Expenses 10,000/- Total 2,24,597/- 4. Insofar as liability is concerned, the Tribunal has proceeded to exonerate the Insurance Company of its liability on the ground that the driver of the vehicle did not possess a valid and effective driving licence. 5. The learned counsel for the claimant contended that the said exoneration of liability can not be sustained in the light of the decision rendered by full Bench of this Court in MFA No.30131/2010 dated 12.05.2020 and the Insurance Company would have to primarily satisfy the award, thereafter, recover the money from the owner. 6. The learned counsel for the respondent- Insurance Company, on the other hand contended that the said judgment may have no application, since this was a case of the driver having no licence at all. 7. The Full Bench of this Court in MFA.No.30131/2010 has held that any violation of a policy condition that would result in the Insurance Company having to satisfy the award and thereafter recover the amount from the owner. In the instant case, since it is contended by the Insurance Company that the driver of the vehicle did not possess a driving licence, it would amount to breach of a policy condition. Consequently, the dictum laid down by the Full Bench will apply. As a result, it is held that the Insurance Company would be liable to pay the compensation that is awarded to the claimant. However, liberty is reserved to the Insurance Company to recover the said amount from the owner of the vehicle. 8. Consequently, the dictum laid down by the Full Bench will apply. As a result, it is held that the Insurance Company would be liable to pay the compensation that is awarded to the claimant. However, liberty is reserved to the Insurance Company to recover the said amount from the owner of the vehicle. 8. As regards compensation awarded, the learned counsel for the claimant contended that the sums awarded towards 'pain and suffering' 'loss of amenities' and 'future medical expenses' are on the lower side. 9. In my view, interest of justice would be served, if the sums awarded towards 'pain and suffering' 'loss of amenities' are enhanced by Rs.15,000/- and Rs.10,000/- respectively. 9. Consequently, the claimant would be entitled for the following: Sl. No . Particulars Amount in (Rs.) 1. Pain and sufferings 40,000/- 2. Medical expenses 47,997/- 3. Loss of income during rest period 18,000/- 4. Nourishment, attendant & conveyance charges 10,000/- 5. Loss of amenities 30,000/- 6. Loss of future income 93,600/- 7. Future Medical Expenses 10,000/- Total 2,24,597/- 10. It is made clear that the Insurance Company shall pay the said compensation amount and thereafter, proceed to recover the same from the owner of the vehicle. 11. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till its realization. The Insurance Company shall deposit the enhanced compensation within a period of two months from the date of receipt of a copy of this order. Thus, the appeal is allowed in part .