IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR MISCELLANEOUS FIRST APPEAL No.134/2017 (MV) BETWEEN THE MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K H ROAD, SHANTHINAGAR, BANGALORE-560027. ... APPELLANT (BY SRI D VIJAYAKUMAR, ADV.) AND 1. SMT. RAMADEVI W/O RATHAN BAHADDUR AGED ABOUT 42 YEARS, 2. RATHAN BAHADDUR S/O LATE SINGH BAHADDUR AGED ABOUT 47 YEARS 3. LAKSHMI D/O RATHAN BAHADDUR AGED ABOUT 27 YEARS 4. JANAK @ PUTTA S/O RATHAN BAHADDUR AGED ABOUT 24 YEARS ALL ARE R/AT NO.147, 4TH CROSS, MYTHRI LAYOUT, HOPE FARM CIRCLE, BANGALORE-560067. ... RESPONDENTS (BY SRI SHEKAR V, ADV. FOR SRI AUSTIN DEEPAK JOHNSON, ADV. FOR R1 TO R4.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.07.2016 PASSED IN MVC NO.3096/2015 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, MEMBER, MACT-7, BENGALURU, AWARDING COMPENSATION OF RS.04,12,500/- WITH INTEREST AT 8% P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellant and learned counsel for the respondents.
2. Though the appeal is listed for orders, it is taken up for disposal with the consent of learned counsel for the parties as the appeal involves a short point.
3. The Appellant is the Transport Corporation and being aggrieved by the award dated 14.07.2016 passed by the Court of the IX Additional Small Causes and Additional MACT, Bangalore in MVC No.3096/2015 is before this Court.
4. The respondents-claimants had preferred an application under the provision of Section 163-A of the Motor Vehicle Act (hereinafter referred to as ‘the Act’ for short). The Tribunal has rightly calculated the sum in terms of the provision of Section 163-A of the Act and has accordingly, awarded the compensation of Rs.4,12,500/- with interest calculated at the rate of 8% p.a. from the date of petition till the date of payment.
5. Learned counsel for the appellant would fairly submit that the sum awarded is in consonance with the provision of Section 163A of the Act. He would contend that the interest awarded at the rate of 8% p.a. is on the higher.
6. Learned counsel for the respondents places reliance on the ruling rendered by the Hon’ble Apex Court in the case of Shivaji and Another vs. Divisional Manager, United India Insurance Co. Ltd. and Ors. reported in Civil Appeal No.2816/2018 which came to be allowed by the Hon’ble Apex Court by judgment dated 09.08.2018. Learned counsel for the respondents-claimants invite the attention of the Court to paragraph No.5, which reads as under:
“5. The issue which arises before us is no longer res integra and is covered by a recent judgment of three judges of this Court in United India Insurance Co. Ltd. V. Sunil Kumar & Anr., wherein it was held that to permit a defence of negligence of the claimant by the insurer and/or to understand Section 163A of the Act as contemplating such a situation, would be inconsistent with the legislative object behind introduction of this provision, which is “final compensation within a limited time frame on the basis of the structured formula to overcome situations where the claims of compensation on the basis of fault liability was taking an unduly long time”. The Court observed that if an insurer was permitted to raise a defence of negligence under Section 163A of the Act, it would “bring a proceeding under Section 163A of the Act which would not only be self-contradictory but also defeat the very legislative intention”. Consequently, it was held that in a proceeding under Section 163A of the Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation.”
7. The appeal admittedly is canvassed on the ground of negligence on the part of the deceased. The said issue is no more res integra in the light of the law laid down by the Hon’ble Apex Court. In that view of the matter, the appeal is liable to be dismissed.
Accordingly, the appeal stands dismissed.
Remaining amount with proportionate interest shall be deposited by the appellant-Corporation within four weeks from the date of receipt of copy of this judgment.
The amount in deposit is ordered to be transmitted to the Tribunal. The amount shall be released as per the award of the Tribunal.
Office to draw the decree accordingly.
VM CT:HR Sd/- JUDGE