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Judgment
L. Narayana Swamy, J.—Claimant and Owner are in appeal. Enhancement of compensation is sought by the claimant and fastening of liability is challenged by the owner. Liability was fastened on the owner on the ground that the driver of the Vehicle was not having valid and effective driving license to drive the Heavy goods vehicle.
The facts leading to the case are that when the claimant was driving a motor cycle as pillion rider on 28.07.2009, the offending vehicle lorry bearing registration No. KA17 A/5406 committed accident. In the accident, the claimant had sustained grievous injuries and he has stated that he was treated for about 70 days in the hospital. At the time of the accident, he was aged about 60 years. Further the learned counsel for the claimant submitted that he has suffered amputation to left leg and he is bed ridden. Ground for enhancement, he sought is by taking the income of the injured at Rs. 4,500/- p.m. a suitable compensation is to be enhanced. Compensation awarded under the other heads like Pain and Sufferings, loss of income during the laid up period; Food, nourishment and medical and attendant charges are on lower side and sought for enhancement of the same. Though he made a prayer for fastening the liability on the insurer but failed to substantiate.
The appellant in the connected matter, who is the owner of the lorry made prayer to fasten the liability on the insurance company since the driver of the vehicle holds valid and effective driving license. He referred to Sub-Section (2) Section 21 of the Motor Vehicle Act in which it is defined that light motor vehicle the unladen weight of 7500 Kgs which in the instant case the vehicle insured in the accident weighed 6160 Kgs unladen weight. Secondly by referring to the judgment of S. Iyyapan Vs. United India Insurance Company Ltd. and Another, and submits that order has been referred by the insurance and he supports the order passed by the Tribunal.
I have heard both and gone through the records. The Tribunal while considering the case of both the parties in order to fix the liability is considered Ex. R1 the copy of policy which was in force and Ex. R13 to Ex. R18 endorsement regarding driving license and Ex. R10 is the registration certificate of registration of the lorry and came to the conclusion that the vehicle was Heavy Goods Vehicle and license as per Ex. R13 and Ex. R.18 are issued to drive the light motor vehicle non transport. Valid Driving license it is for 3 years then it is legal and driving license issued for non transport vehicle it is for 20 years and he has to drive non transport vehicle only. Under these circumstances liability fastened on the owner by the tribunal is sound and proper.
The appeal filed by the claimant for enhancement of compensation it is examined in the light of the material and evidence available on record. The claimant was an agriculturist. He has not placed any materials at all to prove that he was doing milk vending business. By considering the year of the accident and place of the accident and the place where the injured resides, the income taken by the tribunal is on lower side and hence requires enhancement. The income is assessed at Rs. 4,500 X 12 X 7 = 3,78,000 as same is awarded in the place of Rs. 2,52,000/-. He was inpatient for a period of 74 days i.e., from 28.07.2009 to 12.10.2009 for 21/2 months and now submission is made that his leg is amputated. Taking all these aspects another sum of Rs. 25,000/- is awarded under pain and sufferings, under the head of discomfort in future life another sum of Rs. 25,000/- is awarded; loss during the laid up period 4,500 x 5= 22,500/- including Rs. 15,000/-. In all Rs. 1,83,500/- enhanced compensation is awarded. Enhanced compensation carries interest. Deposit the amount within a period of three months. Amount in deposit is permitted to be withdrawn. Office is directed to send the records forthwith. Appeal filed by the owner is dismissed. Amount in deposit is to be transmitted to MACT.