IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS M.F.A.NO.8101 OF 2012 (MV) BETWEEN BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD NO. 363, SRIHARI COMPLEX SEETHAVILAS ROAD, MYSORE REPTD. BY ASSISTANT VICE PRESIDENT (CLAIMS), REGIONAL OFFICE AT TBR TOWERS, I FLOOR, I CROSS, NEW MISSION ROAD, NEAR POORNIMA THEATRE, BANGALORE.
(BY SMT. H. R. RENUKA, ADVOCATE) AND 1. SINCHANA D/O LATE PUTTARAJU, AGED ABOUT 5 YEARS, SINCE MINOR REPTD. BY HER MOTHER AND NATURAL GUARDIAN, ANURADHA W/O PUTTARAJU NO.12, 15 BLOCK, SBM LAYOUT, SRIRAMAPURA II STAGE, MYSORE.
2. SHASHIREKHA K N W/O NAGARAJ NO. 11, III BLOCK, SRIRAMPURA ... APPELLANT II STAGE, MYSORE. ... RESPONDENTS (R1 & R2 HELD SUFFICIENT VIDE ORDER DTD 06/08/15) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.05.2012 PASSED IN MVC NO.1813/2010 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, MYSORE, AWARDING A COMPENSATION OF Rs.1,17,200/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T R. DEVDAS J., (ORAL):
The appellant/Insurer is before this Court seeking to assail the judgment and award dated 30.05.2012, passed by the VI Additional District Judge & Member, Motor Accident Claims Tribunal at Mysore, (hereinafter referred to as ‘the Tribunal’) in M.V.C.No.1813/2010.
2. The learned counsel for the appellant fairly submits that the decision of the Tribunal in directing the Insurer to pay the compensation while granting liberty to the Insurer to recover the compensation from the owner of the vehicle is also the view taken by the Hon’ble Apex Court in the case of Pappu and Others Vs. Vinod Kumar Lamba and Another, reported in (2018) 3 SCC 208. In that view of the matter, the decision of the Tribunal in directing the appellant/ Insurer to pay the compensation as awarded to the claimant and thereafter recover the compensation amount from the owner of the vehicle, cannot be faulted.
3. Therefore, the appeal stands dismissed. The amount, including the statutory deposit, deposited by the appellant/Insurer shall be transferred to the Tribunal, forthwith.
SD/- JUDGE DL