Insurer liable for compensation despite rider's lack of driving license, compensated amount adjusted based on proper income assessment.

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 respective counsels and filed statement of objections denying the entire claim petition averments. Respondent No.4-Insurer contended that the accident occurred due to sole negligence of deceased rider of motorcycle in question. It was further contended that respondent No.3 entrusted his motorcycle to the rider, who was not having valid and effective driving license. It was further contended that the deceased–rider was also not having valid and effective driving license as on the date of accident. Thus, sought for dismissal of the claim petition.

5. Before the Tribunal, the claimant, who is none other than mother of the deceased, examined herself as PW1 apart from marking the documents as Exs.P1 to P7. The respondent-insurer examined its Administrative Officer as RW1 and marked ten documents as Exs.R1 to R10. The Tribunal on scrutiny of entire material on record awarded a total compensation of Rs.22,44,468/- with interest at 9% per annum from the date of petition till the date of realization on the following heads:

6. While awarding the above compensation, the Tribunal assessed notional income of the deceased at Rs.11,000/- per month, applied multiplier of 17, deducted 1/3^rd towards personal expenses of the deceased and added 40% of the assessed income of the deceased towards future prospects. The insurer is in appeal challenging the liability as well as quantum of compensation, whereas the claimants are in cross objection praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the Tribunal.

7. Heard the learned counsel Sri.Madhukeshwar Deshpande for the appellant-Insurer, learned counsel Sri. Santosh B Rawoot for the cross objectors-claimants and perused the appeal papers including original records of the Tribunal.

8. Sri. Madhukeshwar Deshpande, learned counsel for the appellant-Insurer in support of his appeal strenuously contended that the Tribunal without taking note that the rider of the motorcycle bearing registration No.KA-69/E-4048 was not having valid and effective driving license as on the date of accident, erroneously saddled the entire