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 assessed at 50% for deceased under 40 in permanent employment.

JUDGMENT :

S.G. PANDIT, J.

1. MFA No.101361/2024 is by the insurer questioning the liability as well as quantum of compensation awarded, whereas MFA No.101561/2025 is by the claimants praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the Tribunal.

2. The claimants, who are the wife, children and parents of the deceased Shivappa Koli filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death of Sri.Shivappa Koli who met with road traffic accident that occurred on 31.08.2020 involving motorcycle bearing No.KA-23/EC-9055 and Mahindra Bolero Maxi Truck bearing No.KA-23/B-0431. It is stated that the deceased was working as Armed Reserve Police Constable in the Police Department and he was drawing salary of more than Rs.35,000/- per month. It is also stated that the deceased was aged 34 years.

3. On issuance of notice, the respondents appeared before the Tribunal and filed their objections separately. Respondent No.1 denied the entire petition averments and contented that the accident occurred solely due to the negligent act of the deceased. Further it is stated that the offending vehicle was insured with respondent No.2-Insurance Company. Hence he is not liable to pay any compensation to the claimants.

4. Respondent No.2-Insurance Company in its objection denied the claim petition averments and also contended that there was no negligence on the part of the driver of the offending vehicle and accident occurred due to negligence of the deceased. It is specifically contended in the objection of insurer that the driver of the offending vehicle was not holding a valid and effective driving license as on the date of accident. As there is violation of conditions of the policy, it claimed to exonerate the insurer from its liability. Thus, prayed to dismiss the claim petition.

5. The claimant No.1-wife of the deceased examined herself as PW.1 apart from marking Ex.P.1 to Ex. P.7. On the other hand, official of respondent No.2- Insurance Company official has been examined as RW.1 and got marked Ex.R1 and Ex.R2.

6. The Tribunal on consideration of the material on record awarded total compensation of Rs.72,59,870/- with 6% interest per annum from the date of petition till realization on the following heads:

7. While awarding the above compensation, the Tribunal assessed monthly income of the deceased at Rs.35,044/- placing reliance on Ex.P.7-salary certificate and added 40% of the assessed income towards future prospects and deducted 1/4^th towards personal expenses of the deceased.

8. Heard learned counsel Sri.S.K.Kayakmath for insurer and learned counsel Sri.Ashok Naik, for respondent Nos.1 to 5 and Sri.R.H.Angadi, learned counsel for respondent No.6 and perused the entire appeal papers and also certified copy of Ex.P.7-salary certificate made available by the learned counsel for the insurer Sri.S.K.Kayakmath.

9. The learned counsel Sri.S.K.Kayakmath would submit that the tribunal appreciating the material on record has categorically come to the conclusion that the driver of the offending vehicle was not holding valid and effective driving license as on the date of accident. Having given such a finding, he submits that the Tribunal was not justified in directing the insurer to pay compensation with liberty to recover the same from the owner of the offending vehicle. It is his submission that when it is proved that the rider of the vehicle was not having valid and effective driving license, the Tribunal committe