Karnataka High Court
National Insurance Co Ltd vs Mr. Mohammed Kaleem @ on 2 June, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.1566 OF 2018(MV)
BETWEEN:
NATIONAL INSURANCE CO., LTD.,
REGIONAL OFFICE,
#144, SUBHARAM COMPLEX,
M.G.ROAD, BANGALORE - 560 001.
REP BY ITS ASSISTANT MANAGER,
SMT. SANDHYA.
...APPELLANT
(BY SRI. SEETHARAMA RAO.B, ADVOCATE)
AND:
1. MR. MOHAMMED KALEEM @
MOHAMMED KALEEM DAFEDAR,
AGED ABOUT 40 YEARS,
S/O MR.M.I.DAFEDAR,
2. SMT.HIDAYATH BANU,
AGED ABOUT 35 YEARS,
W/O SRI. MOHAMMED KALEEM @
MOHAMMED KALEEM DAFEDAR.
BOTH ARE RESIDING AT NO.24, 21,
1ST B CROSS, PRAGATHI LAYOUT,
DODDANEKKUNDI, BANGALORE - 560 037.
3. MR.PERIA RAVIKRISHNA,
MAJOR IN AGE,
2
S/O KAMARAJU PERLA,
RESIDING AT FLAT NO.D-801,
KEERTHI GARDENIA,
THUBARAHALLI,
BANGALORE - 560 037.
...RESPONDENTS
(BY SRI.K.T.GURUDEVA PRASAD, ADVOCATE FOR R1
& R2;
NOTICE TO R3 IS SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST JUDGMENT AND AWARD DATED 08.11.2017
PASSED IN MVC NO.7314/2016 ON THE FILE OF THE V
ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MAYO
HALL UNIT, BANGALORE (SCCH-19), INCHARGE XV
ADDITIONAL SMALL CAUSES JUDGE, & XXIII ACMM,
AWARDING COMPENSATION OF RS.5,10,000/- WITH
INTEREST @9% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act',
for short) has been filed by the Insurance Company
being aggrieved by the judgment dated 08.11.2017
passed by the Motor Accident Claims Tribunal,
Bengaluru in MVC No.7314/2016.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 06.10.2016 at about 11.30
A.M. the deceased was crossing the Mahadevapura
Ring Road, Service Road slowly and cautiously by
observing traffic rules, Near Samsung Building,
Doddanakundi, Bengaluru City. At that time, the
driver of the Car bearing Registration No.KA-03-MY-
7571 drove the same in a rash and negligent manner,
without following any traffic rules, in high speed and
dashed to the deceased. As a result of the aforesaid
accident, the deceased sustained grievous injuries and
succumbed to the injuries.
3. The claimants filed a petition under Section
166 of the Act seeking compensation for the death of
the deceased along with interest.
4. On service of summons, the respondent
Nos.1 and 2 have appeared through counsel and filed
written statement in which the averments made in the
petition were denied. Hence, he sought for dismissal
of the petition.
5. On the basis of the pleadings of the parties,
the Claims Tribunal framed the issues and thereafter
recorded the evidence. The claimants, in order to
prove their case, examined claimant No.1 as PW-1
and got exhibited documents namely Ex.P1 to Ex.P15.
On behalf of respondents, one witness was examined
as RW-1 and no document was exhibited. The Claims
Tribunal, by the impugned judgment, inter alia, held
that the accident took place on account of rash and
negligent driving of the offending vehicle by its driver,
as a result of which, the deceased sustained injuries
and succumbed to the injuries. The Tribunal further
held that the claimants are entitled to a compensation
of Rs.5,10,000/- along with interest at the rate of 9%
p.a. and directed the Insurance Company to deposit
the compensation amount along with interest. Being
aggrieved, this appeal has been filed by the Insurance
Company.
6. Sri B. C. Seetharama Rao, learned counsel
for the Insurance Company has contended that since
the deceased was a minor boy aged about 4 years and
a non-earning member of the family, considering the
age of the deceased, the overall compensation
awarded by the Tribunal is on higher side.
He further contended that in view of judgment of
the Division Bench of this Court in the case of
MS.JOYEETA BOSE AND OTHERS vs.
VENKATESHAN.V AND OTHERS (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
claimants are entitled for 6% interest but the Tribunal
has granted 9% interest is on the higher side. Hence,
he sought for allowing the appeal filed by the
Insurance Company.
7. Per contra, Sri K. T. Gurudeva Prasad,
learned counsel for the claimants has contended that
the Tribunal considering the material available on
record and referring the judgment of the Hon'ble Apex
Court in the case of KISHAN GOPAL AND ANOTHER -
V- LALA AND OTHERS (2013 AIR SCW 5037), has
awarded just and reasonable compensation. Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties
and perused the records.
9. It is not in dispute that Mohammed Junaid
died in the road traffic accident occurred due to rash
and negligent driving of the offending vehicle by its
driver.
The only ground which has challenged by the
Insurance Company is regarding interest. At the time
of the accident, the deceased was a minor and was
aged about 4 years. In the similar circumstances, the
Hon'ble Apex Court in the case of 'KISHAN GOPAL'
(supra) wherein for a deceased boy aged about 10
years, annual income of the deceased was taken
at Rs.30,000/- and applying multiplier based on the
age of the mother of the deceased, total
compensation of Rs.5,00,000/- has been awarded.
Considering the same, the Tribunal has granted just
and reasonable compensation.
In respect of the interest is concerned, as per
the judgment of the Division Bench of this Court in the
case of 'MS.JOYEETA BOSE' (supra), the claimants are
entitled for 6% interest but the Tribunal has granted
9% interest is on the higher side. In view of the
same, the interest awarded by the Tribunal @ 9% is
scale down to 6%.
10. In the result, the appeal is allowed in
part. The judgment of the Claims Tribunal is modified.
The Insurance Company is directed to deposit
the compensation of Rs.5,10,000/- along with
interest at 6% p.a. from the date of filing of the claim
petition till the date of realization, within a period of
six weeks from the date of receipt of copy of this
judgment.
The amount in deposit shall be transmitted to
the Tribunal.
Sd/-
JUDGE
HA/-
