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Judgment
Dr. K.Manmadha Rao, J
These three appeals are filed by the claimants calling in question the common judgment and award dated 04.07.2020 passed by the Senior Civil Judge and MACT, Saundatti, in MVC Nos.403/2018, 404/2018 and 405/2018.
The facts, in brief, are that on account of a road traffic accident, the claimants' sustained injuries and filed claim petitions before the Tribunal seeking compensation. The Tribunal, after considering the oral and documentary evidence, partly allowed the claim petitions and awarded compensation. Being dissatisfied with the quantum of compensation awarded, the claimants have preferred these appeals seeking enhancement.
Learned counsel appearing for the appellants- claimants contends that the Tribunal has taken the monthly income of the claimant in MVC No.403/2018 at ₹7,000/-, which is on the lower side. It is submitted that as per the chart prepared by the Karnataka State Legal Services Authority for the year 2018, the notional income ought to have been taken at ₹10,250/- per month. It is further submitted that the Tribunal has otherwise correctly assessed the age, disability and multiplier and therefore only enhancement under the head of loss of future income is sought in MFA No.100724/2020. In respect of MFA Nos.100760/2020 and 100761/2020, it is submitted that the compensation awarded is just and reasonable and no modification is sought.
Learned counsel for the respondent-insurance company supports the impugned judgment and award and submits that the Tribunal has properly appreciated the evidence on record and awarded just compensation. It is further contended that the liability, if any, is subject to the terms and conditions of the policy and appropriate orders may be passed in accordance with law.
I have carefully considered the submissions made on both sides and perused the records.
In so far as MFA No.100724/2020 arising out of MVC No.403/2018 is concerned, the Tribunal has assessed the age of the claimant at 35 years, disability to the whole body at 12% and adopted the multiplier of 16. These findings are based on the medical evidence and are not disputed. However, the Tribunal has taken the monthly income at ₹7,000/-. As per the notional income chart prepared by the Karnataka State Legal Services Authority for the year 2018, the income is required to be taken at ₹10,250/- per month. Therefore, the loss of future income requires to be recalculated.
By taking the monthly income at ₹10,250/-, multiplier at 16 and disability at 12%, the loss of future income works out to ₹10,250 Ã- 12 Ã- 16 Ã- 12% = ₹2,36,160/-. The Tribunal has awarded ₹1,61,280/- under this head. Therefore, the claimant is entitled for enhancement of ₹74,880/- under the head of loss of future income.
Under all other heads, the compensation awarded by the Tribunal is just and reasonable and does not call for interference. Accordingly, the total compensation in MVC No.403/2018 stands enhanced from ₹2,32,227/- to ₹3,07,107/-.
In so far as MFA Nos.100760/2020 and 100761/2020 arising out of MVC Nos.404/2018 and 405/2018 are concerned, the Tribunal has assessed the income, disability, multiplier and other heads of compensation based on the evidence on record. On re-appreciation of the material, this Court finds that the compensation awarded is just and proper and does not warrant any interference. Hence, both these appeals are liable to be dismissed.
With regard to the liability, in view of the law laid down by the Hon'ble Supreme Court in National Insurance Co.Ltd. v. Swaran Singh & Others, reported in (2004) 3 SCC 297, even in cases of breach of policy conditions, the insurance company is required to satisfy the award in the first instance and thereafter recover the same from the owner of the offending vehicle. Accordingly, I proceed to pass the following:
ORDER
(i) MFA No.100724/2020 is allowed in part. The judgment and award passed by the Tribunal in MVC No.403/2018 is modified only to the extent of enhancement of compensation from ₹2,32,227/- to ₹3,07,107/- with interest at the rate awarded by the Tribunal from the date of petition till realization.
(ii) MFA Nos.100760/2020 and 100761/2020 are dismissed, confirming the judgment and award passed by the Tribunal in MVC Nos.404/2018 and 405/2018.
(iii) The respondent-insurance company is directed to deposit the entire compensation amount along with accrued interest in all the three cases within a period of six weeks from the date of receipt of a certified copy of this judgment.
(iv) In view of the principles laid down in Swaran Singh's case, the respondent-insurance company shall pay the compensation amount to the claimants in the first instance and is at liberty to recover the same from the owner of the offending vehicle, in accordance with law.
(v) On such deposit, the Tribunal shall disburse the compensation amount to the claimants in accordance with law.
(vi) No order as to costs.