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2020 DIGILAW 1757 (KAR)

Manjunath v. M. H. Hanumath

2020-09-08

S.R.KRISHNA KUMAR

body2020
JUDGMENT S.R. Krishna Kumar, J. - This appeal by the claimant is directed against the impugned judgment and award dated 09.11.2010 passed in MVC 2683/2008 by the Senior Civil Judge, Asst. Session Judge and Addl. MACT, Bailhongal, (for short 'the Tribunal') whereby the tribunal awarded compensation in a sum of Rs.1,13,700/- together with interest @ 6% P.a. in favour of the claimant towards injuries sustained by him in a road traffic accident that occurred on 18.06.2008. By the impugned judgment and award, the tribunal absolved the Insurance Company of its liability to pay compensation and fastened the liability upon the owner on the ground that the driver of the offending vehicle did not possess a valid and effective driving license to drive the vehicle as on the date of the accident. 2. I have heard the learned counsel for the claimant and learned counsel for the Insurance Company and perused the material on record. 3. Learned counsel for the claimant, placing reliance upon the decision of the Apex Court in the case of Mukund Dewangan Vs Oriental Insurance Company Limited, (2017) AIR SC 3668 , and submits that the tribunal committed an error in fastening the liability to pay compensation upon the owner of the offending vehicle by absolving the Insurance Company of its liability to pay compensation. It is submitted that having regard to the grievous and serious nature of injuries sustained by the claimant in the accident coupled with the evidence of the doctor PW.2 and the finding recorded by the tribunal that the claimant incurred disabi lity to an extent of 10% to the entire body, the quantum of compensation awarded by the tribunal is meager and insufficient and the same requires to be enhanced by this Court. It is therefore submitted that the impugned judgment and award passed by the tribunal deserves to be set aside. 4. Per contra, learned counsel for the Insurance Company would support the impugned judgment and award. 5. Insofar as the liability of the Insurance Company to pay compensation in favour of the claimant is concerned, the said question is no longer res-integra in the light of the decision of the Apex Court in Mukund Dewangan's case supra. Accordingly, it is held that the Insurance Company is liable to pay compensation in favour of the claimant and the finding of the tribunal in this regard is hereby set aside. 6. Accordingly, it is held that the Insurance Company is liable to pay compensation in favour of the claimant and the finding of the tribunal in this regard is hereby set aside. 6. Insofar as the quantum of compensation is concerned, the tribunal returned a finding that the permanent disability suf fered by the claimant to the entire body was 10%. However, no compensation was awarded by the tribunal towards loss of future income. Keeping in mind the Lok Adalath guidelines which stipulates that the notional income in respect of the accident in question that occurred in 2008 is to be taken as Rs.4,250/-per month, the compensation payable towards loss of future income is as under; Rs.4250 x 12 x 17 x 10% = 86,700/- 7. So also having regard to the grievous and serious nature of injuries sustained by the claimant in the accident, I am of the considered opinion that the claimant is entitled to an additional sum of Rs.13,300/- towards nourishment, conveyance etc. Thus, the claimant is entitled to an additional enhanced compensation of Rs.1,00,000/- which shall carry interest @ 6% p.a. from the date of the claim petition till realization. 8. In the result I pass the following; ORDER (a) The appeal is partly allowed. (b) The impugned judgment and award 09.11.2010 passed in MVC No.2683/2008 by the Senior Civil Judge, Asst. Sessions Judge, Addl. MACT, Bai lhongal at Bailgongal is modified. (c) The appel lant/claimant is entitled to an additional enhanced compensation of Rs.1,00,000/- together with interest @ 6% p.a. from the date of the claim petition till realization. (d) The insurance Company is directed to pay the entire compensation together with interest as awarded by the tribunal as well as the additional enhanced compensation awarded by this Court together with interest in favor of the claimant. Registry is directed to transmit the LCR forthwith to the tribunal.