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The Branch Manager, United India Insurance Co. Ltd. rep. by its Divisional Manager - Court Judgment

LegalCrystal Citation
CourtKarnataka High Court
Decided On
Case NumberMFA No. 21207, 21205, 21206 of 2012 (MV) C/W
Judge
Excerpt:
.....compensation, which is just and reasonable further, compensation awarded to other two injured claimants is also just and reasonable appeals dismissed. (para: 11) case referred: national insurance company limited vs annappa irappa nesaria and others reported 2008(2) kar.l.j. 651(sc). .....interest at the rate of 6% p.a. from the date of petition till its realization.) 1. united india insurance company limited has filed these appeals challenging the judgment and award dated 30.09.2011 made in mvc nos.1125/2010, 1124/2010 and 1123/2010 passed by the mact bellary (hereinafter referred to as the tribunal for short) fastening the liability on them to compensate the claimants. 2. the main contention of the appellant-insurance company is that, as on the date of accident, the driver of the tractor and trailer was not having valid and effective driving licence to drive the tractor and hence, the insurance company is not liable to compensate the claimants. 3. the facts of the case are that, the deceased anjineya and other two claimants were proceedings on a tractor and trailer.....
Judgment:

(Prayer: This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1125/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.35,000/- with interest at the rate of 6% p.a. from the date of petition till its realization.

This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1124/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.40,000/- with interest at the rate of 6% p.a. from the date of petition till its realization.

This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1123/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.7,69,000/- with interest at the rate of 6% p.a. from the date of petition till its realization.)

1. United India Insurance Company Limited has filed these appeals challenging the judgment and award dated 30.09.2011 made in MVC Nos.1125/2010, 1124/2010 and 1123/2010 passed by the MACT Bellary (hereinafter referred to as the Tribunal for short) fastening the liability on them to compensate the claimants.

2. The main contention of the appellant-Insurance Company is that, as on the date of accident, the driver of the tractor and trailer was not having valid and effective driving licence to drive the tractor and hence, the Insurance Company is not liable to compensate the claimants.

3. The facts of the case are that, the deceased Anjineya and other two claimants were proceedings on a tractor and trailer bearing Reg.No.KA-35/T-6657 and KA-34/T-7409 as loaders. After loading the mud for agricultural purpose, near HLC canal, the driver of the tractor and trailer drove the same in a rash and negligent manner and the tractor and trailer turned turtle. Due to that, the deceased Anjineya and other two claimants sustained grievous injuries. However, Anjineya died on 14.03.2010 during the course of treatment.

4. On a claim petition filed by the legal representatives of deceased Anjineya, the Tribunal determined the income of the deceased as Rs.4,500/- p.m. As on the date of accident, the deceased was aged about 25 years and the appropriate multiplier would be 18 . The Tribunal taking into consideration the income of the deceased as Rs.4,500/- p.m., deducting 1/4th towards his personal expenses and applying the multiplier 18 , awarded a sum of Rs.7,29,000/- towards loss of dependency, Rs.40,000/- towards conventional heads. In all, a sum of Rs.7,69,000/- has been awarded. The other two injured claimants are concerned, the Tribunal has awarded a sum of Rs.40,000/- and Rs.35,000/- respectively taking into consideration the injuries they have sustained. Since the insurance policy covers the risk of the tractor and trailer, the liability was fastened on both the Insurance Companies, i.e., United India Insurance Company Limited and Reliance General Insurance Company Limited to an extent of 50% each. Being aggrieved by the judgment and award fastening the liability to an extent of 50%, the United India Insurance Company Limited filed these appeals. However, the Reliance General Insurance Company has not preferred any appeal challenging the judgment and award passed by the Tribunal.

5. Sri.N.R.Kuppelur, learned counsel appearing for the appellant-Insurance Company contended that the judgment and award passed by the Tribunal fastening liability to an extent of 50% on the appellant-Insurance Company is contrary to law. As on the date of accident, the driver of the tractor and trailer was not having valid and effective driving licence to drive the tractor and trailer. No endorsement has been issued on the said driving licence to drive both tractor and trailer and he had driving licence only to drive light motor vehicle. Further, the quantum of compensation awarded by the Tribunal is contrary to law. The deceased as well as other two claimants are not working as a loaders in the said lorry and the compensation ought to have been awarded under Employee s Compensation Act and awarding compensation under the Motor Vehicles Act is contrary to law and sought for setting aside the judgment and award passed by the Tribunal.

6. On the other hand, Sri.T.Hanumareddy, learned counsel appearing for the claimants argued in support of the judgment and award passed by the Tribunal and contended that, as on the date of accident, the driver of the tractor and trailer having valid and effective driving licence to drive the tractor. Ex.R2- driving licence clearly disclose that, he had the driving licence from 03.08.1992 to 14.06.2012. As far as quantum of compensation is concerned, the Tribunal taking into consideration the minimum wages being paid to the employees in the relevant year had taken the income of the deceased as Rs.4,500/- p.m., deducting 1/4th towards personal expenditure and applying the multiplier of 18 , since the deceased was aged about 25 years, awarded just and fair compensation. The compensation awarded by the Tribunal to other injured claimants is also just and fair and sought for dismissal of the appeals.

7. Sri.Nagaraj C.Kolloori, learned counsel appearing for Reliance General Insurance Company contended that they have not preferred any appeal challenging the judgment and award passed by the Tribunal.

8. I have carefully considered the arguments addressed by the learned counsel for the parties and perused the impugned judgment and award and other relevant records.

9. The points that arise for consideration in these appeals are:

i) Whether as on the date of accident, the driver of the tractor and trailer was having valid and effective driving licence to drive the tractor?

ii) Whether the quantum of compensation awarded by the Tribunal is in accordance with law?

10. The records clearly disclose that the claimants were working as loaders in the tractor and trailer, sustained injuries in the road traffic accident occurred on 13.03.2010 due to rash and negligent driving of the tractor and trailer by its driver. The main contention urged by the appellant is that, as on the date of accident, the driver of the tractor and trailer was not having valid and effective driving licence to drive the tractor. The perusal of Ex.R2-driving licence clearly disclose that the driver had obtained the driving licence to drive the tractor on 03.08.1992 and it was valid up to 14.06.2012, whereas the accident occurred on 13.03.2010. The insurance policy covers the risk of the tractor and trailer. It is relevant to note that the tractor was insured with Reliance General Insurance Company whereas the trailer was insured with United India Insurance Company. Both the tractor and trailer are insured with two different insurance companies. As on the date of accident, the driver had the valid and effective driving licence. The issue raised by the appellant-Insurance Company is covered by the judgment of the Hon ble Apex Court in the case of the National Insurance Company Limited Vs Annappa Irappa Nesaria and Others reported 2008(2) Kar.L.J. 651(SC).

11. With regard to the quantum of compensation is concerned, the accident occurred in the year 2010 and the Tribunal has taken the income of the deceased as Rs.4,500/- p.m. which is in accordance with law. Even in case of a daily wage worker working in transport vehicles, the income is being taken at more than Rs.5,500/- p.m. The Tribunal taking into consideration the income of the deceased as Rs.4,500/- p.m. applying the multiplier of 18 , since the deceased was aged about 25 years as on the date of accident and deducting 1/4th of the income of the deceased towards his personal expenditure, awarded the compensation, which is just and reasonable. Further, the compensation awarded to other two injured claimants is also just and reasonable. I find no illegality or infirmity in the judgment and award passed by the Tribunal. No case is made out by the appellant-Insurance Company to interfere with the judgment and award passed by the Tribunal. Accordingly, the appeals are dismissed.

The amount in deposit shall be transferred to the MACT-XI, Bellary for disbursement.


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