IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.4253 OF 2015 (MV) BETWEEN:
THE MANAGER NATIONAL INSURANCE CO. LTD., MELAGIRI PLAZA, M.C.C. B BLOCK, DENTAL COLLEGE ROAD, DAVANAGERE BY NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M G ROAD, BANGALORE – 560 001 BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. ABHINAYA W/O PRASANNA, AGED ABOUT 25 YEARS, R/O KAVADIGARAHATTI, CHITRADURGA TALUK – 577 501 2. YOGESH S/O BASAVARAJAPPA , MAJOR, OWNER OF THE AUTO NO.KA-16/C-0226 R/O 17TH WARD KAVADIGARAHATTI, CHITRADURGA TALUK – 577 501 ... RESPONDENTS (BY SRI.R SHASHIDHAR, ADV. FOR R1, R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.03.2015 PASSED IN MVC NO.478/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.26,900/- WITH INTEREST @ 7.5% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR, FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In the claim petition filed by the claimant seeking compensation for the injuries suffered in the road traffic accident, the Motor Accident Claims Tribunal, Chitradurga by its order dated 16th March 2015 passed in MVC No.478/2014 awarded compensation of Rs.26,900/-. Appeal is by the Insurance questioning the liability.
2. Heard the learned counsel for the appellant and gone through the judgment. The compensation awarded is only Rs.26,900/-. Even if the appellant succeeds in the matter, it is a matter which is not to be adjudicated by spending huge amount which is public money. Appeal accordingly stands dismissed. Amount in deposit is directed to be transferred to the Tribunal forthwith.
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JUDGE