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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G. PANDIT, GEETHA K.B.
Lata, W/o. Parasappa Pujari – Appellant
Versus
Branch Manager, Oriental Insurance Company Limited, Now R/BY Regional Manager – Respondent
JUDGMENT :
S.G. PANDIT, J.
Though these appeal as well as cross objection are listed for admission, they are taken up for final disposal, with the consent of learned counsel for both the parties.
2. The insurer is in appeal in MFA No.101001/2023 challenging the liability saddled on it as well as quantum of compensation, whereas, the claimants are in cross objection in MFA Crob No.100106/2023 praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dated 09.12.2022 passed in MVC No.378/2020 on the file of Member, MACT-XIV, Mudhol (for short, ‘Tribunal’).
3. The claimant, mother of the deceased Parasappa Pujari, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation for the accidental death of one Parasappa Pujari, that took place on 20.03.2020 involving two motorcycles bearing registration No.KA-48/EA-3940 & KA-69/E-4048. It is stated that the deceased was aged about 27 years as on the date of the accident and was doing agricultural work, earning a sum Rs.12,000/- per month.
4. On service of notice, the respondents appeared before the Tribunal through their r
Insurer liable for compensation despite rider's lack of driving license, compensated amount adjusted based on proper income assessment.
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
In cases of road traffic accidents, when the driver's license is invalid, the insurer is liable to pay compensation first and may recover it from the vehicle owner. Future prospects should be assesse....
The court affirmed that compensation should account for future prospects with a 50% addition for a permanent employee and rejected claims of contributory negligence due to insufficient evidence.
Court affirmed the reassessment of income for compensation and upheld 'pay and recovery' principle when the driver lacked a valid license, clarifying policy liability issues.
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