IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE K. SOMASHEKAR M.F.A.No.3783/2016 (MV) BETWEEN:
The Manager (Legal) Bharathi AXA GIC Ltd., No.2951/A, D29/1, 1st Floor, Temple Road, Kalidasa Circle, V. V. Mohalla, Mysore, Now rep. by its Legal Manager Bharathi AXA GIC Ltd., 1st Floor, Ferns Icon, Survey No.28, Doddanekundi, K.R. Puram Hobli, Bangalore – 560 037. … Appellant (By Sri Pradeep B., Advocate) AND:
1. Prema, W/o Kempegowda, Now aged about 47 years, R/o Dugganahalli Village, Malavalli Taluk, Mandya District – 570 004.
2. Ravi, S/o Venkataiah, R/at Gollaradaddi, Maddur Taluk, Mandya District – 570 004. ... Respondents (By Sri K. Ananda, Advocate for R-1, R-2 - served) This M.F.A. is filed under Section 173(1) of MV Act against the judgment and award dated 10.12.2015 passed in MVC No.1130/2014 on the file of the Senior Civil Judge and MACT, Malavalli awarding compensation of Rs.1,89,000/- with interest at 6% p.a. from the date of petition till the date of deposit.
This M.F.A. coming on for admission this day, the Court delivered the following:
J U D G M E N T Though this appeal is listed for admission, with the consent of the learned counsel for the appellant and the learned counsel for the respondents, the matter is taken up for final disposal.
2. This appeal is preferred by the Insurance Company challenging the judgment and award dated 10.12.2015 passed by the Tribunal in MVC No.1130/2014, whereby the Tribunal has awarded the compensation in a sum of Rs.1,89,000/- with interest at 6% per annum from the date of petition till the date of deposit.
3. The factual matrix of the case are as under:
It is stated in the claim petition that on 13.10.2013 the claimant – respondent No.1 herein and one Sri Mahendra had been to their relatives house to attend the festival and subsequent to attending the festival, while returning to the village in Apachi Motor Cycle bearing registration No.KA04 HF 274, the claimant was the pillion rider and said Sri Mahendra was driving the same cautiously and by following the rules on the left side of the road, near Madeshwara Temple, Chapuradoddi on Koppa Maddur Main road at about 9.45 p.m. at the relevant point of time, one goods auto rickshaw bearing registration No.KA 42 A 1106 driven by its driver in a rash and negligent manner hit the motor cycle. As a result of the accident, the claimant fell down and sustained grievous injuries. Subsequently, the claimant was shifted to Government Hospital, Maddur and thereafter was shifted to Government Hospital, Mandya to provide further treatment and was an inpatient from 13.10.2013 to 16.10.2013 and thereafter she was shifted to KIMS Hospital, Bangalore in order to provide further treatment wherein she was treated as inpatient from 16.10.2013 to 24.10.2013. X-ray confirmed the fracture for which she was operated and plate, rod, screw were inserted, and was discharged with an advice for follow-up treatment. Subsequently, the claimant preferred a claim petition before the Tribunal seeking compensation.
4. The respondent No.1 and 2 before the Tribunal appeared through their counsel and filed detailed objections denying the averments made in the claim petition. They contended that there is no negligent act of the driver of the offending vehicle. Urging these grounds, they sought for dismissal of the claim petition.
5. Based on the pleadings of the parties, the Tribunal has framed the issues. On behalf of the claimant, the claimant examined herself as PW-1 and got examined Dr. Somashekara as CW-1 and got marked the documents at Ex.P1 to Ex.P62, Ex.C1 to Ex.C12. On behalf of the respondents, the respondent No.2 examined himself as RW-1 and got marked Ex.R1.
6. On evaluating the entire oral and documentary evidence placed on record, Tribunal awarded the compensation in a sum of Rs.1,89,000/- with interest at 6% per annum from the date of petition till the date of deposit. The Insurance Company was directed to deposit the said compensation amount with interest within the period mentioned under Section 168(3) of the MV Act. Aggrieved by the same, the appellant – Insurance Company is before this Court challenging the impugned judgment and award. Having heard learned counsel for the parties as stated supra, it is relevant to refer to the judgment rendered in MUKUND DEWANGAN v.
ORIENTAL INSURANCE CO.LTD., (2017) 14 SCC 663 wherein Hon’ble Apex Court has answered the question against the insurer in favour of the claimant holding that the insurer cannot avoid award liability only on the ground of absence of Transport Endorsement. Therefore, the issue is no more res integra. Therefore, the liability fastened on the Insurance Company by the Tribunal as observed in the impugned judgment and award appears to be just and proper. Therefore, this appeal does not call for any interference and more over the appeal appears to be devoid of merits. Consequently, it stands rejected in terms of the aforesaid reason as well as the reliance on the aforesaid judgment. I proceed to pass the following:
ORDER (i) The appeal is hereby rejected.
(ii) The judgment and award rendered by the Tribunal dated 10.12.2015 passed in MVC No.1130/2014 is hereby confirmed.
(iii) The appellant shall deposit the entire award amount with interest as accrued.
(iv) Amount in deposit, if any, in this appeal shall be transmitted to the concerned Tribunal forthwith.
SD/- JUDGE MD