Insurance companies are liable for compensation if premium for passengers is collected; courts may enhance compensation based on accurate assessment of injuries and applicable legal principles.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. MFA.No.202521/2018, MFA.No.202523/2018 and MFA.No.202524/2018 are filed by the insurance company challenging its liability to pay the compensation passed in MVC.No.7/2017, MVC.No.8/2017 and MVC.No.9/2017 dated 11.10.2018, by the III Additional Senior Civil Judge and MACT, Kalaburagi (fort short ‘Tribunal’)

2. MFA.No.200989/2019, MFA.No.200990/2019 and MFA.No.200991/2019 are filed by the claimants seeking enhancement of the compensation as awarded by the Tribunal.

3. The facts leading to filing of the claim petitions are as under :-

That on 15.09.2015 at about 12.30 p.m. near land of one Shivaraj, on Kathalli – Laldhari road, Shankar Sonar (deceased), Hanamanth (claimant in MVC.No.8/2017 and Kishan (claimant in MVC.No.9/2017) were traveling in Mahindra Jeep bearing Reg.No.KA-29-M-0734, the driver of the said Jeep drove the same in a rash and negligent manner, he lost control over the vehicle and dashed to the tree. As a result, the deceased - Shankar Sonar sustained grievous injuries and died on the spot and other two sustained grievous injuries. The legal heirs of the deceased – Shankar Sonar and other two were filed claim petitions. The Tribunal assessed the compensation and passed the award and fixed the liability on the insurance company to pay the award amount.

4. Aggrieved by the liability to pay the compensation, the insurance company has filed MFA.No.202521/2018, MFA.No.202523/2018 and MFA.No.202524/2018 and the claimants have filed MFA.No.200989/2019, MFA.No.200990/2019 and MFA.No.200991/2019 for enhancement of the compensation.

5. Heard the learned counsel for the appellants and the learned counsel for the respondents.

6. Learned counsel for the insurance company would contend that the deceased and other two injured were passengers in the insured vehicle. The insurance policy is a Act Policy. The deceased and other two injured were passengers are not third party and therefore, the insurance company is not liable to pay the compensation, as insurance company has collected Rs.500/- as additional premium and it is liable to pay only Rs.1,00,000/- per passenger.

7. Learned counsel for the claimants would contend that the insurance company in their objections has not taken any such contentions. RW.1 – officer of the insurance company has stated in his evidence that he has collected premium for passenger and considering the same, the Tribunal has rightly fastened the liability to pay the award amount on the insurance company.

8. Learned counsel for the claimants would contend that the accident has taken place in the year 2015 and income fixed under the Chart prepared for settlement of disputes in Lok-Adalath by the Karnataka Legal Services Authority, the notional income is Rs.8,000/-. The Tribunal has failed to consider the said notional income. He further contends that the disability taken in respect of the claimant in MVC.No.9/2017 at 10%, even though the doctor – PW.2 has stated that the disability is 29%, the disability has to be taken at least 12%. He further submits that the compensation awarded under other heads i.e., pain and suffering, attendant charges, loss of income during the laid up period and loss of amenities are on lower side. He contends that the doctor has stated that implants are fixed and for removal of the same, the claimant required future medical expenses and the Tribunal has not awarded the compensation under the said head.

9. Learned counsel for the claimant further contended that the claimant in MVC.No.8/2017 has sustained four fractures. PW.2 – Doctor who issued the disability certificate has stated that injured has sustained 33% disability of the whole body. The Tribunal has erred in taking the disability at 11%. The disability ought to have been at least 13%. He further submits that the compensation awarded under other heads i.e., pain and suffering, attendant and conveyance charges, loss of income during the laid up period, loss of amenities are on lower side an