Regional Manager vs Smt Verpula Vineela
2021 Latest Caselaw 915 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF JANUARY, 2021

                        PRESENT

         THE HON'BLE MR.JUSTICE ALOK ARADHE

                          AND

     THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

            M.F.A. NO.9385 OF 2015 (MV-D)

BETWEEN:

REGIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE,
#44/45, LEO SHOPPING COMPLEX,
RESIDENCY ROAD,
BANGALORE-560 025.
                             ...APPELLANT

(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)

AND:

1.     SMT. VERPULA VINEELA
       W/O YALAMATI KIRAN KUMAR,
       NOW AGED ABOUT 30 YEARS,

2.     SMT. DEVARAPALLI SUBBA RAVAMMA
       W/O YALAMATI SUVARNA RAJU,
       NOW AGED ABOUT 61 YEARS,

3.     YALAMATI SUVARNA RAJU
       S/O LATE YALAMATI VENKATAIAH,
       NOW AGED ABOUT 62 YEARS,
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ALL R/A NO.SF-2,
SIRI LOTUS LIVIN APARTMENT,
4TH CROSS, ABHAYADHAMA ROAD,
D-SILVA LAYOUT, WHITEFIELD,
BENGALURU-560066.

THE 2ND AND 3RD RESPONDENTS HEREIN ARE
PERMANENT RESIDENTS OF
#42-49-10, OLD MASIDU STREET,
SING NAGAR, VIJAYAWADA (URBAN),
AZITNAGAR, KRISHNA DISTRICT,
ANDHRA PRADESH.

4.   R.V. BALAJI
     S/O LATE R. VENKATESHAM CHETTY,
     AGE: MAJOR,
     PROP: SRI VENKATESHWARA MOTOR SERVICE,
     GANDHI NAGAR,
     KOLAR - 563 101.

                                ...RESPONDENTS

(BY SRI. GOPALAKRISHNA N., ADVOCATE FOR
RESPONDENT NOs.1 TO 3;
NOTICE SERVED ON RESPONDENT NO.4 BUT
UNREPRESENTED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST
THE JUDGMENT AND AWARD DATED 08.09.2015 PASSED IN
MVC NO.3977/2013 ON THE FILE OF THE II ADDITIONAL SMALL
CAUSES JUDGE AND XXVIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE,     MOTOR     ACCIDENT  CLAIMS    TRIBUNAL,
BENGALURU,       AWARDING      A   COMPENSATION      OF
RS.1,47,12,136/- WITH INTEREST AT 6% P.A. FROM THE DATE
OF PETITION TILL DEPOSIT.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                         JUDGMENT

Mr. A.N. Krishna Swamy, learned counsel for the

appellant.

2. Mr. N. Gopalkrishna, learned counsel for

respondent Nos.1 to 3.

3. This appeal under Section 173 of the Motor

Vehicles Act, 1988 (hereinafter referred to as the 'Act') has

been filed by the Insurance Company being aggrieved by

the Judgment dated 08.09.2015 passed by the Motor

Accident Claims Tribunal by which the claimants have been

awarded a sum of Rs.1,47,12,136/- as compensation.

4. We have heard learned counsel for the parties

at some length. Thereafter, when a suggestion was put to

learned counsel for the parties that the quantum of

compensation in the fact situation of the case should be

restricted to Rs.1,27,36,600/- along with interest at the

rate of 6% per annum from the date of the petition till the

date of deposit, both the learned counsel for the parties

have agreed to the same.

5. In view of the agreement arrived at between

the parties, the amount of compensation assessed by the

Tribunal is quantified at Rs.1,27,36,600/- which shall be

payable along with interest at the rate of 6% per annum

from the date of the petition till the date of deposit. To the

aforesaid extent, the judgment passed by the Claims

Tribunal is modified. The amount in deposit shall be

transmitted to the claims Tribunal.

In the result, the Appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

sma