IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT MFA NO.3712 OF 201O (MV) BETWEEN UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, ENKAY COMPLEX, 1ST FLOOR, KESHAVPUR, HUBLI, NOW BY ITS REGIONAL OFFICE, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE-560 001, BY ITS MANAGER. ... APPELLANT (BY SRI. B.A. RAMAKRISHNA, ADVOCATE) AND 1. SRI. FAYAZ AHMED, AGED ABOUT 55 YEARS, S/O B. MOHAMMED KHASIM, NO.475, ‘B’ DIVISION, MADINA CHOWK CROSS ROAD, CHANNAPATNA TOWN.
2. THE MANAGING DIRECTOR, M/S. VIJAYANAND ROAD LINES, GIRIRAJ ANNEXE, P.R. ROAD, HUBLI. …RESPONDENTS (BY SRI K SHANTHARAJ, ADVOCATE FOR R1; SRI M.C.JAYAKIRTHI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:19.09.2009 PASSED IN MVC NO.212/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) MACT, RAMANAGAR, AWARDING A COMPENSATION OF Rs.50,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The subject matter of this appeal is substantially similar to the one in M.F.A.No.8077/2010, disposed off by this court vide judgment dated 13.02.2019 wherein, in terms of Section 147 (2) of the M.V. Act, 1988, the liability of the appellant- Insurer is held to be confined to Rs.6,000/-. However, this does not mean that the liability of the owner of the vehicle is co- terminus with this limit.
2. In the above circumstances, this appeal succeeds; the impugned judgment and award are modified, restricting the liability of the appellant-Insurer to Rs.6,000/- with interest at the rate of 6 % per annum. However, it is open to the claimant to proceed against the respondent-owner of the offending vehicle for realization of the award amount.
3. The Registry shall transmit the amount in deposit to the jurisdictional MACT which shall release Rs.6,000/- with 6 % interest per annum to the claimant and the residue of the deposit shall be refunded to the appellant-Insurer.
No costs.
cbc Sd/- JUDGE