Compensation assessments in motor vehicle accident cases must reflect actual injuries and notional income, ensuring insurance liabilities align with policy coverage.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) All the appeals and cross appeal are arising out of the same accident. Hence, they are taken up together for common discussion on the facts and circumstances involved in the case.

2. MFA Nos.103183 and 103263 of 2022 and MFA No.100112 of 2024 are filed by the Insurance Company challenging the liability fastened on it as well as seeking reduction of quantum of compensation awarded by the Tribunal in the judgment and award dated 25.07.2022 passed in MVC No.988/2020 on the file of VIII Additional District Judge and IX Additional MACT, Belagavi and in the judgment and award dated 01.09.2022 passed in MVC No.291/2020 on the file of Senior Civil Judge and Additional MACT, Bailhongal, also the judgment and award dated 01.09.2023 passed in ECA No.01/2021 by the Court of Senior Civil Judge and Commissioner for Employee’s compensation, Bailhongal (hereinafter referred to as ‘the Tribunal’ for short). Whereas the MFA No.100097/2023 and MFA Crob.No.100033/2023 are filed by the claimants seeking enhancement of compensation.

3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal.

BRIEF FACTS IN ALL THE CASES ARE AS FOLLOWS:

4. It is the case of claimants that on 21.01.2020 the claimant was working as a cleaner on Mahindra Pickup Goods Vehicle bearing Reg.No.MH-07/5034 and after loading the cotton in Munavalli and nearby villages while they were returning for transportation of cotton and came near Badli village on Bailhongal-Munavalli road at about 03.40 p.m. the driver of the said vehicle driven the same with high speed and in a rash and negligent manner and has lost control over the said vehicle, turtled down the said vehicle in a ditch by the side of road, as a result the claimant has sustained injuries.

IN MFA No.103183/2022 and MFA Crob.No.100033/2023 (MVC No.988/2020):

5. Upon claim petitions filed by the claimant before the Tribunal, the Tribunal has awarded a compensation of Rs.7,73,080/- along with interest at the rate of 6% p.a. from the date of petition till its realization by fastening liability equally both on the owner and insurer of the Mahindra Pickup Goods Vehicle bearing Reg.No.MH-07/5034.

6. Learned counsel for the Insurance Company/appellant submitted that the vehicle is Mahindra Pickup Goods Vehicle and the seating capacity of the said vehicle is 1+1 and the persons who were travelling in the vehicle are driver, cleaner and one Hamali. Therefore, it is contended by the Insurance Company that since seating capacity is 1+1 the Insurance Company is liable to pay only for two persons. Therefore, it is submitted the Insurance Company is liable to exonerated since there were three persons travelling in the vehicle and sustained injuries.

7. Since Ex.R-1-Insurance Policy, which covers the risk of driver, cleaner and Hamali, the Insurance Company is liable to indemnify the owner in respect of driver, cleaner and Hamali. Here in the present case, the injured are driver, cleaner and Hamal hence, the risk is covered. Therefore, in this regard, there is no need to make interference on the liability.

8. From the medical evidence on record, it is proved that claimant has suffered following injuries:

“Grievous fractured injuries to the right ear, hands, legs, head and other parts of the body”

9. Considering the nature of injuries sustained, compensation awarded by Tribunal is found to be on higher side. Therefore, same is required to be reduced by modifying the judgment and award.

10. PW-2/Doctor has stated that claimant had suffered 20% permanent physical disability. Whereas, th