IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 01ST DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.7682/2013 (MV-D) BETWEEN:
REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G. ROAD, BANGALORE – 560 001. ... APPELLANT (BY SRI A.N. KRISHNA SWAMY, ADVOCATE) AND:
1. C. ANANDA S/O. CHIKKA MUNIYAPPA, NOW AGED ABOUT 32 YEARS, 2. MASTER SHAHSI KUMAR S/O. C. ANANDA, NOW AGED ABOUT 9 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN/FATHER THE 1ST RESPONDENT HEREIN.
3. CHIKKA MUNIYAPPA S/O. LATE KUCHCHA MUNIYAPPA, NOW AGED ABOUT 72 YEARS, 4. SMT. NGAMMA W/O. LATE CHIKKA MUNIYAPPA, NOW AGED ABOUT 68 YEARS, ALL R/AT DODDAKALAVNACHI VILLAGE, BANGARAPET TALUK, KOLAR DISTRICT 563 101.
5. M/S. VINAYAKA CARGO MOVERS, #105/3 J P S BUILDING, CHANDRA LAYOUT MAIN ROAD, WIDIA LAYOUT, BANGALORE – 560 040.
6. THE MEDICAL SUPERINTENDENT, R.L. JALAPPA HOSPITAL, TAMAKA, KOLAR – 563 101.
7. THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, UNITY BUILDING ANNEX, MISSION ROAD, BANGALORE – 560 027. ... RESPONDENTS (BY SRI N. GOPAL KRISHNA, ADVOCATE FOR R-1 TO R-4; (R-2 – MINOR REP. BY R-1);
SRI R. JAYAPRAKASH, ADVOCATE FOR R-7;
V/O. DATED 12/09/2017 NOTICE TO R-5 DISPENSED WITH; R-6 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2013 PASSED IN MVC. NO.8754/2010 ON THE FILE OF THE 7TH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-3, BANGALORE, AWARDING A COMPENSATION OF RS.8,62,400/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.
2. The insurance company has preferred this appeal being aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as “the Tribunal” for the sake of brevity), in MVC.No.8754/2010, by judgment and award dated 07/01/2013.
3. Learned counsel for the insurance company and learned counsel for the respondent/claimants jointly submit that the Tribunal has awarded compensation of Rs.8,62,400/- with interest at the rate of 8% per annum. They submit that the insurer may not press the appeal insofar as the total compensation awarded by the Tribunal. However, the said compensation is with 8% interest per annum. That both sides have agreed to restrict the rate of interest to 6% per annum by seeking total compensation of Rs.8,62,400/-. Learned counsel, therefore, submit that the judgment and award of the Tribunal may be modified to the extent of rate of interest only restricting to 6% per annum on Rs.8,62,400/- awarded as compensation by the Tribunal.
4. Submission of learned counsel on both sides is placed on record.
5. In the circumstances, the impugned judgment and award of the Tribunal is modified to the extent of interest at 6% per annum on the total compensation of Rs.8,62,400/-, from the date of claim petition till the date of realization. The appeal is allowed in part in the aforesaid terms.
6. The amount in deposit to be transmitted to the Tribunal. The insurance company to deposit the compensation amount if not already deposited within a period of four weeks from the date of receipt of certified copy of the judgment.
Parties to bear their respective costs.
Sd/- JUDGE Sd/- JUDGE S*