The Branch Manager vs Smt Pavithra
2022 Latest Caselaw 2788 Kant

                               1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                          BEFORE

             THE HON'BLE MS. JUSTICE J.M.KHAZI

                M.F.A.NO.1287/2022 (MV)
BETWEEN:

THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE CO.LTD,
1ST FLOOR, MYSORE TRADE CENTRE
OPPOSITE TO KSRTC BUS STAND
MYSORE-570 001.
REP. BY ITS MANAGER LEGAL
NO.28, EAST WING
5TH FLOOR, CENTENARY BUILDING
M.G.ROAD
BENGALURU-560 001.
                                                 ... APPELLANT
(BY SRI D. VIJAYA KUMAR, ADVOCATE)

AND:

1.     SMT.PAVITHRA
       W/O LATE SHIVANNA S.M
       AGED ABOUT 35 YEARS

2.     DARSHAN S.S.
       S/O LATE SHIVANNA S.M
       AGED ABOUT 17 YEARS

3.     NETHRAVATHI S.S
       D/O LATE SHIVANNA S.M
       AGED ABOUT 1 YEARS
       SINCE THE RESPONDENT NO.2 & 3 AR MINORS
       REP. BY HER MOTHER & NATURAL GUARDIAN
       RESPONDENT NO.1 SMT. PAVITHRA
                                2



4.   SMT. LAKSHMAMMA
     W/O LATE S.P.MARIGOWDA
     AGED ABOUT 57 YEARS

     ALL ARE R/AT SIDAIAHNA KOPPALU VILLAGE
     KOTHATHI HOBLI, MANDYA TALUK & DISTRICT-571 478
5.   SRI VISHWANATH NAGARAJA
     S/O NAGARAJA RAO I.K.
     MAJOR
     R/AT NO.E-503, ADARSH GARDENS
     47TH CROSS, 8 TH BLOCK
     JAYANAGAR, BENGALURU SOUTH
     BENGALURU-560 070
                                          ...RESPONDENTS
(BY SMT. BHUSHANI KUMAR, ADVOCATE FOR C/R1 TO 4
     V/O DATED 18.02.2022 NOTICE TO R5 DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
04.12.2021 PASSED IN MVC.NO.2185/2019 ON THE FILE OF THE
ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA AND TO PASS
SUCH OTHER SUITABLE ORDER IN THE INTEREST OF JUSTICE
AND EQUITY.
    THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Though the matter is posted for admission, with the

consent of learned counsel for the parties, the same is

taken up for final disposal.

This appeal is by the Insurance company challenging

the impugned judgment and award dated 04.12.2021 in

MVC.No.2185/2019 on the file of Addl.Senior Civil Judge

and CJM, Mandya, whereby the claimants' petition was

allowed granting compensation in a sum of Rs.28,36,000/-

with interest at 8% p.a.

2. After due service of notice respondent Nos.1 to 4

have appeared through counsel.

3. Today the learned counsel for appellant submits

that he would file memo of dispensation for respondent

No.5. In view of the same, notice to respondent No.5 is

dispensed with, at the risk and consequence of appellant.

4. The learned counsel for appellant and

respondent Nos.1 to 4 submit that the tribunal has granted

interest at the rate of 8% and both of them are agreeable

for reducing the same to 6% and with this modification, the

appeal may be disposed of.

5. In view of the submissions made across the Bar,

I proceed to pass the following:

ORDER

1. Appeal is allowed in part.

2. The impugned judgment and award of the

Tribunal so far as quantum is concerned is

confirmed.

3. However, the rate of interest is reduced to

6% p.a. (instead of 8% as granted by the

Tribunal).

In view of disposal of appeal, I.A.No.1/2022 does not

survive for consideration and the same is disposed of.

Registry is directed to transmit statutory deposit of

Rs.25,000/- made by the appellant to the Tribunal.

Sd/-

JUDGE

RR