IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.4341 of 2017 (MV) BETWEEN :
THE REGIONAL MANAGER THE NATIONAL INSURANCE CO LTD., MOTOR CLAIMS HUB NO.144, 2ND FLOOR SUBHARAM COMPLEX, M G ROAD BENGALURU - 560 001. ... APPELLANT (BY SRI.A.N.KRISHNASWAMY, ADVOCATE) AND:
1 . SRI.T ANJAPPA S/O.T VENUGOPAL AGED ABOUT 33 YEARS 2 . KUM.T NEHA D/O.T ANJAPPA AGED ABOUT 10 YEARS 3 . MASTER T DHARVIK S/O.T ANJAPPA AGED ABOUT 2 YEARS R2 AND R3 ARE MINORS REPTD BY R1 ALL ARE R/AT NO.96 KAVILAKSHMI ROAD BASAVANAGUDI BENGALURU-560 004.
4 . SMT.LAKSHMI PIPPALA W/O.SRINIVAS RAO MAJOR R/AT NO.13/235 NIZAMPET, MACHALIPATNAM ANDHRAPRADESH-520 003. ...RESPONDENTS (BY SRI.N.GOPALAKRISHNA, ADVOCATE FOR R1 TO R3, NOTICE TO R4 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DTD. 07/04/2017 PASSED BY THE COURT OF THE VII ADDITIONAL JUDGE & XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU, IN MVC NO.5506/2015 AND ETC., THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT We have heard the learned counsel for the appellant – Insurer and learned counsel for the respondent – claimants and perused the material on record.
2. On hearing the learned counsel for the respective parties, it is noted that there is consensus between the parties so as to sustain the quantum of compensation awarded by the Tribunal i.e., Rs.15,38,000/-.
3. However, learned counsel for the respondents – claimants has agreed to the submission made by appellant’s counsel that the rate of interest may be reduced to 6% per annum from the date of claim petition till realization instead of 8% per annum. In view of the said consensus arrived at between the parties, the appeal filed by the Insurance Company is allowed-in-part by consent.
4. The compensation awarded by the Tribunal at Rs.15,38,000/- is confirmed and retained. The same shall carry interest at the rate of 6% per annum from the date of claim petition till realization.
5. The appellant – Insurer to deposit the amount of compensation in the aforesaid terms before the Tribunal within a period of four weeks from the date of receipt of certified copy of this judgment.
6. Parties to bear their respective costs.
7. The amount in deposit before this Court to be transmitted to the concerned Tribunal.
Sd/- JUDGE Sd/- JUDGE VMB