IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.191/2015 (MV) BETWEEN:
THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., J C ROAD, B R 670201 RASHMI BUILDING NO.14, 2ND FLOOR BANGALORE 560 002 REPRESENTED BY THE MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., CHANDRA COMPLEX HARSHAMAHAL ROAD HASSAN - 573 201 NOW REPRESENTED BY DULY CONSTITUTED ATTORNEY THE NEW INDIA ASSURANCE COMPANY LTD., BANGALORE REGION - 670 000 MOTOR THIRD PARTY CLAIMS HUB MAHALAKSHMI CHAMBERS NO.9, 2ND FLOOR M G ROAD BANGALORE 560001 (BY SRI.K POORNABODHA RAO, ADV.) AND:
1. SMT.SAROJA ... APPELLANT AGED ABOUT 35 YEARS W/O RAMEGOWDA SIGARANAHALLI VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK PRESENT R/O SWAMY GOWDA BESIDE ANJANEYA TEMPLE ADUVALLI EXTENSION HASSAN - 573 201 2. SMT LEELA POONACHA W/O BOOPANNA B A SF-1, ASMITHA RESIDENTIAL (HASHMITA RESIDENCY) 2ND FLOOR, 11TH MAIN 19-B CROSS, P B NAGARA (PADMANABHANAGARA) BANGALORE 560 070 OWNER OF CAR BEARING REGISTRATION NO.
(KA-01-MA-1231) ... RESPONDENTS (R1 AND R2 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.09.2014 PASSED IN MVC NO.1248/2012 ON THE FILE OF THE PRESIDING OFFICER & ADDITIONAL MACT, FAST TRACK COURT, HASSAN, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 8% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Appeal is by the insurance company; and the ground taken in challenging the judgment and award dated 22nd September 2014 passed in MVC No.1248 of 2012 by the Motor accident Claims Tribunal, Hassan.
2. The grounds taken by the appellant is that there is no Medico Legal Case registered in order to enable the police to take cognizance of the fact that the injured suffered motor vehicle accident. There is a delay of 18 days in lodging the police complaint. There is no visible damage to the vehicles and also hospital records do not reveal about the accident. Though all these matters were brought to notice before the Tribunal, the same has not been considered and the Tribunal has awarded the compensation.
3. Heard the learned counsel for the appellant and gone through the judgment. I find that the reasons assigned by the Tribunal is in not in contravention or illegal. The Tribunal, after examining the material documents and considering the evidence adduced, has awarded the compensation of Rs.60,000/- which is a just compensation and in no way calls for interference by this Court. However, the interest awarded by the Tribunal at the rate of 8 per cent per annum is reduced to 6 per cent per annum. Accordingly, appeal is allowed in part. Amount in deposit is directed to be transmitted to the Tribunal forthwith.
lnn Sd/- JUDGE