The judgment clarifies that a driver licensed for non-transport vehicles can operate light motor transport vehicles, impacting liability considerations in accidents.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, with consent of learned counsel for the parties, the matters are taken up for final disposal.

2. These two appeals are filed by the claimants in MVC Nos.148 and 184 of 2009 challenging the judgment and award dated 18.10.2010 passed by the Senior Civil Judge and MACT, Gangavathi, seeking enhancement of compensation as well as modification of liability fastened on the Insurance Company.

3. The factum of accident, death of cow and cow calf and injuries sustained by the claimants are not in dispute. The dispute is with regard to liability to be fastened whether on the owner of offending vehicle or on the insurance company.

IN MFA NO.23100/2012

4. It is the case of the claimants that on

26.02.2009, one cow and one cow calf are died in the accident and therefore, the Tribunal has awarded total compensation of Rs.22,000/- in MVC No.184/2009. It is stated that the cow is a milk yielding cow having calf died in the accident. Therefore, the compensation awarded by the Tribunal for death of cow and cow calf is lesser. Therefore, the same is required to be enhanced by modifying the judgment and award. Hence, the claimant is entitled to additional global compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of petition till its realization.

IN MFA NO.23099/2012

5. In the present case, from the medical evidence on record, it is proved that the claimant had suffered following injuries:

i. Fracture to the right neck of femur.

ii. Fracture of middle 1/3^rd clavicle.

6. The tribunal has awarded compensation under various heads as under:

7. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

8. Considering the injuries sustained, a compensation of Rs.45,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.3,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact.

Further, Rs.15,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.15,000/- towards loss of income during laid up period for a period of three months, is awarded.

9. The doctor has stated that the claimant had suffered 18% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 15% functional disability is taken into consideration as the claimant had suffered fracture to the right neck of femur and fracture of middle 1/3^rd clavicle. The accident is caused in the year 2009. Therefore, notional income of Rs.5,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 20 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,62,000/- (Rs.5,000/- x 15% x 12 x

18).

10. Thus, the claimant is entitled for total compensation under various heads as under: