IMPORTANT POINT
Even if the insurer is absolved of the liability it can be directed to pay the compensation and recover the same for owner of the offending vehicle.

JUDGMENT :

A.M. Khanwilkar, J.

1. These appeals are directed against the common judgment and order passed by the High Court of Karnataka at Bengaluru dated 13th August, 2015 in M.F.A. No.7662 of 2013 (MV) and M.F.A. No.9995 of 2013 (MV) whereby the High Court allowed the appeal preferred by respondent No.2 (insurer) and dismissed the appeal for enhancement of compensation preferred by the appellant (injured claimant).

2. Briefly stated, on 23rd February, 2010 at about 8:30 a.m., the appellant was travelling in a tractor bearing Registration No.KA-15-T-2011 as a Coolie, on Bangalore Road, Survey No.266, Bangalore. The driver of the tractor was driving at a high speed, in a rash and negligent manner and dashed the tractor against a big mud stone, resulting in the tractor turning turtle and the appellant suffering grievous injuries. The appellant was immediately taken to North Side Hospital and Diagnostic Center, Bangalore, where he underwent medical treatment as an inpatient, from 23rd February, 2010 to 27th February, 2010. Later on, he was shifted to Bowring and Lady Curzon Hospital, Bangalore, as an inpatient from 27th February, 2010 to 7th May, 2010 and underwent 4 (four) different surgeries. According to the appellant, despite receiving best medical treatment, he suffered permanent physical disability to an extent of 59.4% both lower limbs, 18.9% towards Vertebra, Clavicle and Scapula and 80% towards urethral injury, which is about 67% to the whole body. The appellant was only 25 years of age at the time of the accident and was working as a coolie. On account of his permanent disability, the appellant has become incapable of working as a coolie and is thus denied of his income to the extent of Rs.6,000/- per month.

3. Resultantly, a claim petition was filed by the appellant before the III Additional Senior Civil Judge, Member, MACT, Bangalore, bearing M.V.C. No.3533/2010, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.15,00,000/- (Rupees Fifteen Lakh Only) for the injuries sustained by him in the accident.

4. The appellant examined 4 witnesses in support of his claim and also produced Exhs. P1 to P24. The respondent examined RW1 Sagayaraj, Administrative Officer and produced Exhs. R1 and R2. After analysing the evidence produced by the parties, the tribunal proceeded to answer the three issues framed by it on the basis of the pleadings.

5. The tribunal held that the claimant was able to prove the facts that the accident occurred on 23rd February, 2010 at 8:30 a.m. while he was going in the stated tractor, due to rash and negligent driving of the driver of the tractor. The tribunal held that the appellant was travelling as a loader in the tractor and not as a gratuitous passenger. After adverting to the Insurance Policy, the tribunal noticed that the same covered risk of 1+4. The tribunal held that the respondent No.2 admitted issuance of the Insurance Policy to the offending vehicle and its validity as on the date of the accident. The tribunal then proceeded to quantify the compensation amount on the notional income of the appellant at Rs.150/- per day as a coolie and, keeping in mind the age of the appellant at the relevant time i.e. 25 years, applied multiplier of 18. The tribunal adjudged the permanent disability of the appellant to the extent of 60% to the whole body and on that basis, computed the loss of future income of the appellant at Rs.5,83,000/-(Rupees Five Lakh Eighty Three Thousand Only). The tribunal arrived at the following calculation to be awarded as compensation to the appellant payable jointly by the owner of the vehicle and the insurer, along with interest at the rate of 8% per annum from the date of petition till the date of realization. The computation of compensation amount towards different heads arrived at by the tribunal is as follows:-

	Compensation Heads	Compens