The Manager vs Sri Manjunatha H L
2021 Latest Caselaw 808 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.8248 OF 2019(MV-I)

BETWEEN
THE MANAGER
NATIONAL INSURANCE CO. LTD
T.P.HUB 2ND FLOOR,
SHUBHARAM COMPLEX, M.G.ROAD,
BANGALORE-560 001.
                                               ...APPELLANT
(BY SRI. RAVISH BENNI, ADVOCATE)

AND

1.    SRI MANJUNATHA H L
      S/O LAKKANNA GOWDA H.B.
      OLD RESIDENT OF NO.941/E,
      7TH MAIN ROAD, VIJAYANDA NAGAR,
      NANDINI LAYOUT,
      BANGALORE-560 096
      PRESENTLY R/AT NO.1, 8TH CROSS, TENT ROAD,
      GANESHA BLOCK, NANDINI LAYOUT,
      BANGALORE-560 096.

2.    MS ADITYA TOURS & TRAVELS
      NO.20/2, 1ST FLOOR, C.R.AZAD NAGARA,
      CHAMARAJPET,BANGALORE-560 058.
                                             ...RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGEMENT AND AWARD DATED: 12.04.2019
PASSED IN MVC NO. 6730/2017 ON THE FILE OF THE I ADDITIONAL
SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11)
AWARDING COMPENSATION OF RS.1,54,922/- WITH INTEREST AT 9
PERCENT P.A.FROM THE DATE OF PETITION TILL REALIZATION.
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     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal by the Insurance Company is directed

against the judgment and award dated 12.04.2019, passed in

MVC No.6730/2017 by the Motor Accident Claims Tribunal,

Bangalore (SCCH-11) (for short "the Tribunal"), whereby the

Tribunal allowed the claim petition filed by respondent No.1

and awarded compensation in a sum of Rs.1,54,922/- in his

favour towards injuries sustained by him in a road traffic

accident that occurred on 27.08.2017.

2. Heard learned counsel for the Insurance Company

and perused the material on record.

3. The material on record indicates that while dealing

with the issue regarding liability to pay compensation, at

paragraph No.20 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 AIR 2017 SC 3668,

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