The court established that in motor accident claims involving minors, notional income must align with Legal Services Authority guidelines, and that a driving license covering 3-wheeler non-transport vehicles is sufficient to hold the insurer liable for accidents involving light motorcycles under the light motor vehicle classification.

IN MFA NO.100205/2023

BETWEEN:

1. SMT. RENUKA W/O. VINAYAK MEDAR,

AGE. 36 YEARS, OCC. HOUSE WORK,

R/O. H.NO.392, MATH GALLI, KAKATI,

TQ. AND DIST. BELAGAVI, PIN-590001.

2. KUMAR SHAM S/O. VINAYAK MEDAR,

AGE. 15 YEARS, OCC. STUDENT,

R/O. H.NO.392, MATH GALLI,

R/O. KAKATI, TQ. AND DIST. BELAGAVI,

PIN 590001.

APPELLANT NO.2 IS MINOR R/BY

APPELLANT NO.1 WHO IS NATURAL

MOTHER AND GUARDIAN

…APPELLANTS

(BY SRI. H.R. LATUR, ADVOCATE)

AND:

1. SHRI. SURESH S/O. BHIMARAI PUJERI,

AGE. 50 YEARS, OCC. BUSINESS,

R/O. GUDAGUDI, TQ. HUKKERI,

DIST. BELAGAVI, PIN. 590001.

2. THE CHAIRMAN,

SHREE REVANA SIDDESHWAR

VIVIDODDESHAGALA SAHAKARI NIYAMIT,

BRANCH HALE GUDAGANATTI, TQ. HUKKERI,

DIST. BELAGAVI, PIN-590001.

3. THE NATIONAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE, DIVISIONAL MANAGER,

RAMADEV GALLI, BELAGAVI, PIN. 590001,

TQ. AND DIST. BELAGAVI.

…RESPONDENTS

(BY SRI. N.R. KUPPELUR, ADVOCATE FOR R3;

NOTICE TO R1 AND R2 ARE DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 02.07.2020 PASSED IN MVC NO.2045/2017 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI AND ETC.,.

IN MFA NO.102294/2020

BETWEEN:

DIVISIONAL MANAGER,

THE NATIONAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE, RAMDEV GALLI,

BELAGAVI, REPRESENTED THROUGH ITS

REGIONAL OFFICE, ARIHANT PLAZA,

2ND FLOOR, KUSUGAL ROAD,

HUBBALLI, REPRESENTED BY ITS

ADMINISTRATIVE OFFICER.

...APPELLANT

(BY SRI. N.R. KUPPELUR, ADVOCATE)

AND:

1. SMT. RENUKA W/O. VINAYAK MEDAR,

AGE: 35 YEARS, OCC: HOUSEHOLD WORK,

R/O: H.NO.392, MATH GALLI, KAKATI,

DIST: BELAGAVI.

2. KUMAR SHAM S/O. VINAYAK MEDAR,

AGE: 14 YEARS, OCC: STUDENT,

R/O: H.NO.392, MATH GALLI,

KAKATI, DIST: BELAGAVI,

PETITIONER NO.2 IS A MINOR AND

HENCE HE IS REPRESENTED BY

MINOR GUARDIAN RESPONDENT NO.1.

3. SURESH S/O. BHIMRAI PUJERI,

AGE: MAJOR, OCC: AGRICULTURE,

R/O: GUDUGUDI, TQ: HUKKERI,

DIST: BELAGAVI.

(OWNER OF THE MOTOR CYCLE NO.KA-49/R-8754)

4. THE CHAIRMAN,

REVENASIDDESHWARA VIVIDODHYESHAGALA

SAHAKARI NIYAMITA, BRANCH HALEGUDAGANATTI,

TQ: HUKKERI, DIST: BELAGAVI.

...RESPONDENTS

(BY SRI. H.R. LATUR, ADVOCATE FOR R1;

R2 MINOR REP. BY R1;

SRI. DEEPAK S.KULKARNI, ADVOCATE FOR R3;

SMT. SUNANDA P.PATIL, ADVOCATE FOR R4)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.2045/2017 ON THE FILE OF XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI EXAMINE THE SAME AND SET ASIDE AWARD DATED 02.07.2020 IN THE INTEREST OF JUSTICE.

IN MFA NO.102295/2020

BETWEEN:

DIVISIONAL MANAGER,

THE NATIONAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE, RAMDEV GALLI,

BELAGAVI, REPRESENTED THROUGH ITS

REGIONAL OFFICE, ARIHANT PLAZA,

2ND FLOOR, KUSUGAL ROAD, HUBBALLI,

REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

...APPELLANT

(BY SRI. N.R. KUPPELUR, ADVOCATE)

AND:

1. SMT. RENUKA W/O. VINAYAK MEDAR,

AGE: 35 YEARS, OCC: HOUSEHOLD WORK,

R/O: H.NO.392, MATH GALLI, KAKATI,

DIST: BELAGAVI.

2. SURESH S/O. BHIMRAI PUJERI,

AGE: MAJOR, OCC: AGRICULTURE,

R/O: GUDUGUDI, TQ: HUKKERI,

DIST: BELAGAVI.

(OWNER OF THE MOTOR CYCLE

NO.KA-49/R-8754)

3. THE CHAIRMAN,

REVENASIDDESHWARA VIVIDODHYESHAGALA

SAHAKARI NIYAMITA, BRANCH HALEGUDAGANATTI,

TQ: HUKKERI, DIST: BELAGAVI.

...RESPONDENTS

(BY SRI. H.R. LATUR, ADVOCATE FOR R1;

NOTICE TO R2 AND R3 ARE SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FIL