IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.44543-546 OF 2013 (GM-AC) BETWEEN:
UNITED INDIA INSURANCE CO., LTD., DIVISIONAL OFFICE, AKKAMAHADEVI ROAD II MAIN, P.J. EXTENSION, DAVANAGERE 577002 REP. BY ITS DIVISIONAL MANAGER.
(By Mr. ANUP SEETHARAM RAO, ADV., FOR Mr. B.C. SEETHARAM RAO, ADV.,) AND:
… PETITIONER 1. SMT. H.J. SOWBHAGYA @ H.J. SOWBHAGYAMMA AGED ABOUT 43 YEARS W/O LATE M.V. SATHYANANDA.
2. SRI. T.S. VARSHA @ VARSHA AGED ABOUT 16 YEARS D/O LATE M.V. SATHYANANDA SINCE MINOR, REP. BY HER MOTHER THE FIRST RESPONDENT HEREIN.
BOTH ARE RESIDING AT C/O T.M. SHIVAPRAKASH NO.763/236, 6TH CROSS, IV MAIN ANJANEYA LAYOUT, DAVANAGERE-577002.
3. SRI M.S. RUDRESHA AGED ABOUT 43 YEARS S/O SHIVARUDRAPPA RESIDING AT MAYAKONDA VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK-577002.
4. SRI. E.V. VIJAYAKUMAR AGED ABOUT 70 YEARS S/O VAJRAPPA RESEDENT OF HOSADURGA CHITRADURGA DISTRICT-577202.
5. SRI NAGABHUSHANA, MAJOR S/O JAYARAMAPPA RESIDING AT K.H. ROAD MADHUGIRI, TUMKUR DISTRICT.
6. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD TUMKUR-576102.
(By Mr. M. RUDRAIAH, ADV., FOR R1 & R2 … RESPONDENTS V/O DATED 26.9.13 NOTICE TO R3 TO R6 DISPENSED WITH) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.27.6.2013 MADE BY THE HON'BLE II ADDL. DISTRICT JUDGE & MACT, DAVANAGERE IN EX. CASE NO.92/12, 93/2012, 94/2012 & 95/2012 AS PER ANNX-D-1,D-2,D-3 & D-4 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Anup Seetharam Rao, learned counsel for Sri.B.C.Seetharam Rao, learned counsel for the petitioner.
Sri.M.Rudraiah, learned counsel for the respondent Nos.1 and 2.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 27.06.2013 passed by the Motor Accident Claims Tribunal in an execution proceeding by which it has presumed the rate of interest awarded in favour of the claimants is 12%.
4. When the matter was taken up today, learned counsel for the petitioner, while inviting the attention of this Court to the award dated 14.09.2006 passed by the Tribunal, submitted that in the aforesaid award, the rate of interest has not been mentioned expressly and therefore, the Executing Court, in the absence of any express direction contained in the award, could not have presumed the rate of interest at the rate of 12%. On the other hand, learned counsel for the respondents submits that the rate of interest prevalent at the time when the award was passed, was 6% and in case the petitioner has deposited the amount due to the claimants along with interest at the rate of 6%, the impugned order passed by the Tribunal be set aside and the claimants be granted the liberty to withdraw the amount deposited by the petitioners.
5. In view of the aforesaid submissions and in the facts of the case, the impugned order passed by the Tribunal dated 27.06.2013 is quashed. It is further directed that the claimants shall be at liberty to withdraw the amount of compensation which has been deposited by the petitioner along with interest at the rate of 6%.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV