IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.4103/2019 C/W M.F.A.Nos.4104/2019 & 4102/2019(MV) IN MFA 4103/2019: BETWEEN:
THE MANAGER CHOLAMANDALAM MS GIC LTD., LEVEL 6, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010.
(BY SRI PRADEEP B, ADVOCATE) AND:
1 . SMT. SAROJAMMA W/O LATE DUNDAIAH AGE 56 YEARS, BABASABARA PALYA, KENGERI BENGALURU NOW R/A MANCHANAPURA VILLAGE, (HEBBANI) B G PURA HOBLI MALAVALI TALUK MANDYA.
..APPELLANT 2 . M GNANA AMBAL S/O MURUGESHAN MAJOR R/O MAILAMPATTI PULIYAMPATTI POST, POCHAMPALLI TALUK POTHINARAYNAPALLI B O KRISHNA NAGARI TAMIL NADU-635 001.
3 . SHAIKH SHOAB S/O ABDUL MASJID SHAIK MAJOR, HOUSE No.313 WARD NO.1 A. T POST, VAIDYA BAZAAR NAGPUR CITY NAGPUR MAHARASHTRA-440 002.
4 . THE MANAGER RELIANCE GIC LTD UNNATI ARCADE, 5/111, AND 6/112 1ST FLOOR, 1ST BLOCK DR. RAJKUMAR ROAD, 1ST MAIN, RAJAJINAGAR BENGALURU-560 010. ..RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2019, PASSED IN MVC No.793/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING COMPENSATION OF Rs.35,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA 4104/2019: BETWEEN:
THE MANAGER CHOLAMANDALAM MS GIC. LTD., LEVEL 6, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010.
(BY SRI PRADEEP B, ADVOCATE) AND:
1 . SMT. MAHADEVAMMA MD W/O MALLIKARJUNA D/O DUNDAIAH AGE 36 YEARS, BABASABARA PALYA, KENGERI BENGALURU NOW R/A MANCHANAPURA VILLAGE, (HEBBANI) B.G. PURA HOBLI MALAVALI TALUK, MANDYA.
2 . M GNANA AMBAL S/O MURUGESHAN, MAJOR R/O MAILAMPATTI PULIYAMPATTI POST POCHAMPALLI TALUK POTHINAYANAPALLI B.O. KRISHNA NAGARI TAMIL NADU-635 001.
3 . SHAIKH SHOAB S/O ABDUL MASJID SHAIK MAJOR, HOUSE No.313, WARD No.1, A.T. POST, VAIDYA BAZAAR NAGPUR CITY, NAGPUR MAHARASHTRA-440 002.
4 . THE MANAGER RELIANCE GIC LTD., UNNATI ARCADE, 5/111 AND 6/112 1ST FLOOR, 1ST BLOCK ..APPELLANT DR. RAJKUMAR ROAD, 1ST MAIN, RAJAJINAGAR BENGALURU-560 010. ..RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2019, PASSED IN MVC No.792/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING COMPENSATION OF Rs.40,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA 4102/2019 BETWEEN:
THE MANAGER CHOLAMANDALAM MS GIC, LTD., LEVEL 6, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX 4TH M BLOCK, RAJAJINAGAR BENGALURU-560 010. ..APPELLANT (BY SRI PRADEEP B, ADVOCATE) AND:
1 . KUM. SAHANA B M D/O MALLIKARJUNA NOW AGED ABOUT 10 YEARS, SINCE MINOR REPRESENTED BY NG/MOTHER SMT. MAHADEVAMMA MD D/O DUNDAIAH BABASABARA PALYA, KENGERI BENGALURU NOW R/A MANCHANAPURA VILLAGE (HEBBANI) B.G. PURA HOBLI MALAVALLI TALUK MANDYA-587 265.
2 . M GNANA AMBAL S/O MURUGESHAN MAJOR R/O MAILAMPATTI PULIYAMPATTI POST, POCHAMPALLI TALUK POTHINAYANAPALLI B O KRISHNA NAGARI TAMIL NADU-635 001.
3 . SHAIKH SHOAB S/O ABDUL MASJID SHAIK MAJOR, HOUSE No.313 WARD No.1 A. T. POST, VAIDYA BAZAAR NAGPUR CITY, NAGPUR MAHARASHTRA-440 002.
4 . THE MANAGER RELIANCE GIC LTD UNNATI ARCADE, 5/111 AND 6/112 1ST FLOOR, 1ST BLOCK DR. RAJKUMAR ROAD, 1ST MAIN, RAJAJINAGAR BENGALURU-560 010. ..RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2019, PASSED IN MVC No.791/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING COMPENSATION OF Rs.1,31,500/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for admission, they are taken up for final disposal.
These are the three appeals preferred by the insurance company against the Judgment and award dated 20.03.2019 passed in MVC Nos.791/2016, 792/2016 and 793/2016 by the Senior Civil Judge and MACT, Malavalli.
2. Reference of miscellaneous appeals to MVC and compensation granted are as under:
MFA 4103/2019 -MVC 793/2016 – Rs.35,000/- MFA 4104/2019 - MVC 792/2016 – Rs.40,000/- MFA 4102/2019 - MVC 791/2016 –Rs.1,31,500/-
3. All the three appeals are directed against the Judgment and award passed by the learned Member, Malavalli in the respective claim petitions stated above wherein the claim petitions came to be allowed in part.
4. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
5. The details of the accident are: on 08.03.2016 the petitioners came from M.M.Hills to Maddur. They were traveling in a goods canter bearing No.TN-29- AY-3529 from Maddur towards Bengaluru by sitting in the cabin. The canter was driven by its driver in a rash and negligent manner at high speed and at about 10.45 P.M. in front of JVIT College, Bidadi dashed against a goods canter bearing No.MH-40-Y-9903 which was parked on the middle of the road without any signal due to which petitioners sustained injuries.
6. Compensation awarded under various heads by the learned Member in MVC No.791/2016 is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 60,000/-
2. Medical expenses Rs. 16,490/-
3. Medical attendant, conveyance, nourishment and other incidental charges Rs. 30,000/-
4. Loss of amenities Rs. 25,000/- Total Rs.1,31,490/-
Rounded off Rs.1,31,500/- and in other two cases it is global compensation.
7. The injuries sustained by the claimants in each of the case are as under:
MVC No.793/2016 – Sarojamma – 53 years – Milk vending business- closed fracture of patella (lower pole) MVC No.791/2016 – Sahana B.M.- 7 years – student- Left lliac Wing fracture, left Clavicle fracture, B/L condylar fracture of mandible, multiple laceration over left posterior shoulder, punctured wound over left lower abdomen with foreign body.
MVC No.792/2016 – Mahadevamma – 33 years – tailoring work – Injury to left fore-arm apart from other simple injuries.
8. Learned counsel for appellant Sri Pradeep would submit that the injured persons were traveling in the vehicle as gratuitous passengers. On the other hand they were not allowed to travel as such. Learned counsel would also submit that even they have not stated that they were escorting the goods.
9. The allegation of gratuitous passenger has remained as just an allegation. No convincing materials are placed by the insurance company to rely the same. Thus the said ground has no force.
10. In the over all context and circumstances the grant of compensation is together with interest at the rate of 9% p.a. Insofar as quantum is concerned it appears to be just and fair. There is no excessive grant.
11. The learned Member has ordered as under: “The second respondent-insurance company is directed to deposit the compensation amount in the Court within two months from the date of this order.
In the event of deposit, the petitioners are entitled to get release their respective amount of compensation”.
I do not find that there is a necessity for further proceedings to examine the matter. They fail at the stage of admission. Accordingly appeals are rejected.
Amount in deposit be transmitted to the Tribunal forthwith.
Sd/- JUDGE SBN