A driver with a light motor vehicle license can operate construction equipment under 7500 kg without a separate endorsement, and compensation for accident victims should not be reduced based on pension or insurance benefits.

JUDGMENT

1. Both, claimants as well as insurer have filed these appeals challenging the impugned judgment and award passed by the XI Addl. Dist and Sessions Judge and Addl. M.A.C.T., Belagavi, (hereinafter referred to as 'Tribunal' for short) in M.V.C.No.1127/2016 and MVC.No.1514/2016 dated 15.02.2017.

2. Brief facts of the case of both the parties are as under:

On 07.05.2016, deceased Basavappa Totagi along with his wife, claimant No.1 - Smt.Girijavva and his grandson by name Omkar (claimant in MVC.No.1514/2016) were going on Honda Activa scooter (hereinafter referred to as 'scooter' for short) bearing registration No.KA-22/EA-5477, on the road going from Sericulture Office towards Shree Nagar Garden, situated in Channammanagar of Belagavi. When they reached near by the house of one Hogarati, at 04:30 p.m., the driver of bulldozer bearing registration No.KA-22/Z-1530, came from opposite direction in a rash and negligent manner and dashed against the scooter of the deceased. As a result of which, rider of the scooter-Basavappa and Omkar had sustained grievous injuries and both of them were shifted to hospital for treatment. While undergoing treatment, Basavappa succumbed to injuries on 08.05.2016.

3. It is further contention of the claimants that deceased Basavappa was aged about 64 years at the time of his death. He was a retired Post Master and was getting pension of Rs.24,000/- per month and he was also an agriculturist and he was earning Rs.3,00,000/- per annum from agriculture. Claimants are his wife, son and daughter. They were depending upon his earnings. With these reasons, they prayed to award compensation of Rs.70,00,000/-.

4. It is a case of claimant in MVC.No.1514/2016 that due to the accident he sustained fracture of upper shaft of right femur. He underwent few surgeries, however he could not fully recover. He has been suffering from permanent disability. He was aged about 06 years at the time of accident. With these reason prayed to award compensation of Rs.50,00,000/-.

5. The respondent No.1 - owner of the vehicle has denied all the contents of the claim petition. He has stated that accident had taken place due to rash and negligent riding of scooter by Basavappa and amount of compensation claimed is exorbitant. Therefore, prayed to dismiss the claim petition.

6. Respondent No.2 - insurer has also denied all the contents of claim petition. It has further stated that accident had taken place due to rash and negligent riding of scooter by the deceased Basavappa. Claim petition is bad for non-joinder of necessary parties. The driver of the bulldozer was not having valid and effective driving licence to drive the said category of the vehicle, which is breach of conditions of the insurance policy. Therefore, respondent No.2 is not liable to pay the compensation. With these reasons, respondent No.2 prayed to dismiss the claim petitions.

7. From the rival contentions of the parties, the Tribunal had framed necessary issues for determination in both claim petitions.

8. In this case, legal heirs of the deceased Basavappa as well as guardian of the injured Omkar have filed claim petitions in M.V.C. Nos.1127 and 1514 of 2016 respectively. Both the petitions arose out of common accident. Therefore, Tribunal has clubbed both the matters; recorded common evidence and disposed off by impugned common judgment.

9. The claimants on their behalf, examined P.Ws.1 to 3 and got marked Exs.P.1 to P.19 and closed their evidence. Respondent No.2 examined R.Ws.1 and 2 and got marked Exs.R.1 to Ex.R.4.

10. The Tribunal, after hearing the parties and appreciating the pleadings and evidence on record, awarded the following amount of compensation in M.V.C.No.1127 of 2016:

1

Loss of dependency.

Rs.4,51,440/-

2

Loss of consortium to petitioner Nos.2 and 3.

Rs.1,00,000/-

3

Loss of consortium to petitioner -claimant No.1.

Rs.1,00,000/-

4

Medical expenses.

Rs.65,901/-

5

Funeral expenses.

Rs.25,000/-

Total

Rounded off to

Rs.7,42,341/-

Rs.7,42,400/-

11. Follow