The Manager vs Perappa Gowda
2021 Latest Caselaw 809 Kant

                            1



 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.8247 OF 2019(MV-I)

BETWEEN

THE MANAGER
NATIONAL INSURANCE CO. LTD
BRANCH OFFICE AT 2ND FLOOR
BHARATH BUILDING PB RAO ROAD
HAPPANATAKKA, MANGALURU TALUK
REPRESENTED BY R.O. BANGALORE
PIN-560 001.
                                              ...APPELLANT
(BY SRI. RAVISH BENNI, ADVOCATE)

AND

1.    PERAPPA GOWDA
      S/O LATE SUBRAYA GOWDA,
      R/O CHIDGAL HOUSE,
      KUTHKUNJA VILLAE, ADYATHOD POST,
      SULLIA TALUK, D.K.

2.    ABUDUL AZIZ
      S/O ARABI BEARY,
      R/O ALANTHADKA HOUSE,
      PARVAJE VILLAGE, SULLIA TALUK, D.K.
                                            ...RESPONDENTS
       THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 08.07.2019 PASSED
IN MVC NO. 532/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, MOTOR ACCIDENT CLAIMS TRIBUNAL, SULLIA,
DAKSHINA KANNADA, AWARDING COMPENSATION OF RS.
1,83,906/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL THE DATE OF PAYMENT ON RS. 1,63,906 (NO
INTEREST ON FUTURE MEDICAL EXPENDITURE OF RS.20,000/-)
                               2




     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 08.07.2019, passed in

MVC No.532/2015 by Motor Accident Claims Tribunal and

Senior Civil Judge, Sullia, 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.1,83,906/- 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. 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