IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR M.F.A.NO.7410/2017(MV) BETWEEN:
THE BRANCH MANAGER THE TATA AIG GENERAL INSURANCE CO.LTD., PENINSULA BUSINESS PARK, TOWER A, 15TH FLOOR, GANPATRAO, KADAM MARG, OFF SENAPATHI BAPAT MARG, LOWER PAREL, MUMBAI-13 MAHARASHTRA STATE REP BY THE MANAGER (LEGAL) TATA AIG GENERAL INSURANCE CO.LTD., NO.69, 3RD FLOOR, J.P AND DEVI JAMBUKESHWARI ARCADE, MILLERS ROAD, BANGALORE (BY SRI PRADEEP B, ADVOCATE) AND:
1. KUMARI @ MOHANAKUMARI D/O LATE JAVAREGOWDA, NOW AGED ABOUT 25 YEARS.
2. SRI. VENUGOPAL S/O LATE JAVAREGOWDA NOW AGED ABOUT 23 YEARS, BOTH ARE R/AT G.HOSUR VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK-571807 ...APPELLANT 3 . VIJAYKUMAR A S/O ANTHONYSWAMY, (DANDU) MAJOR, R/AT NO.356, BEGUR DANDI, BEEDI, BEGUR POST, BANGALORE-560068 …RESPONDENTS (BY SMT BHUSHANI KUMAR, ADVOCATE FOR R1 & R2 NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DATED:24/10/2019) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.07.2017 PASSED IN MVC NO.1539/2015 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), AWARDING COMPENSATION OF RS.9,15,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT 1. Heard the learned Counsel for the appellant-Insurer and the learned Counsel for the respondents-claimants.
2. After hearing the learned Counsels, this Court is of the opinion that the short point that arises for determination is, whether the rate of interest awarded by the Tribunal is appropriate. Hence, with the consent of the learned Counsels, the appeal is taken up for disposal though listed in the orders list.
3. After arguing for sometime, both the Counsels would fairly submit that the compensation awarded on account of the death of the mother of the claimants is just and reasonable and that the rate of interest awarded is on the higher side.
4. The fair submissions on behalf of both the Counsels is placed on record. In that view, this Court is of the considered opinion that the appeal could be disposed off by confirming the sum awarded and by modifying the rate of interest awarded by the Tribunal.
5. Accordingly, appeal is allowed in part. The quantum of compensation awarded by the Tribunal is confirmed. The rate of interest is modified and the compensation awarded shall carry interest at the rate of 6% per annum from the date of petition till the date of realization subject to the condition that the award be satisfied within six weeks from the date of receipt of a copy of this judgment. Office to draw up the decree accordingly.
6. The amount in deposit be transmitted to the Claims Tribunal.
Sd/- JUDGE KK CT-SL