The Manager vs Keshava
2021 Latest Caselaw 804 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF JANUARY, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              M.F.A.NO.3286 OF 2019(MV-I)
BETWEEN
THE MANAGER
NATIONAL INSURANCE CO. LTD.
SRI KSHETRA DHARMASTHALA
BUILDING MAIN ROAD, PUTTUR TALUK,
PIN-574201.
                                             ...APPELLANT
(BY SRI. RAVISH BENNI, ADVOCATE)

AND

1.    KESHAVA
      S/O DHARMAPALA GOWDA,
      AGED ABOUT 28 YEARS, R/AT PERMAJE HOUSE,
      PAMBETHADY VILLAGE, SULLIA TALUK D.K.,
      NOW R/AT SAMETHADKA HOUSE,
      PUTTUR TALUK D.K, PIN-574201.

2.    ABDUL AZEEZ
      S/O ARABI BYARI,
      AGED ABOUT 30 YEARS,
      R/AT ALANTHADKA HOUSE, PERUVAJE VILLAGE,
      SULLIA TALUK D.K.
                                         ...RESPONDENTS

       THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGEMENT AND AWARD DATED: 29.09.2018
PASSED IN MVC NO. 7/2015 ON THE FILE OF THE ADDITIONAL
SENIOR CIIVL JUDGE & JMFC & MEMBER, MACT, PUTTUR, D.K.,
AWARDING COMPENSATION OF RS. 75,000/- WITH INTEREST @ 7%
P.A. FROM THE DATE OF PETITION TILL REALIZATION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                         JUDGMENT

This appeal by the Insurance Company is directed

against the judgment and award dated 29.09.2018, passed in

MVC No.7/2015 by the Additional Senior Civil Judge and

JMFC, Member, MACT, Puttur, D.K. (for short "the Tribunal"),

whereby the Tribunal allowed the claim petition filed by

respondent No.1 and awarded compensation in a sum of

Rs.7,90,000/- in his favour towards injuries sustained by him

in a road traffic accident that occurred on 02.10.2014.

2. Heard learned counsel for the Insurance Company

and perused the material on record.

3. The material on record indicates that among other

issues, issue No.5 related to liability to pay compensation,

while dealing with the said issue at paragraph No.24 of the

impugned judgment and award, the Tribunal came to the

conclusion that in the light of the decision of the Apex Court in

the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd.

reported in 2016(1) T.A.C 673 (S.C) 2016(1) T.A.C 673 (S.C), the

Insurance Company was liable to pay compensation. Upon

re-appreciation and re-valuation of the entire material on

record, I am of the considered opinion that the findings

recorded in the impugned judgment and award in relation to

the compensation as well as liability are correct and proper

and the same do not warrant interference by this Court. I do

not find merit the same is liable to be dismissed.

Accordingly, the appeal is dismissed.

The amount in deposit, if any, be transferred to the

Tribunal for disbursement.

Sd/-

JUDGE

Bmc