The Manager vs Prathibha P
2022 Latest Caselaw 9613 Kant

                         1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JUNE, 2022

                      BEFORE

 THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

            MFA NO.8458 OF 2017 (MV)

BETWEEN:

THE MANAGER,
M/S SHRIRAM GENERAL INSRUANCE COMPANY LTD,
2ND FLOOR, SAPTHASWARA COMPLEX,
OPP TO RELIANCE HOME FINANCE,
KANTHARAJ URS ROAD,
SARASWATHIPURAM,
MYSORE.

NOW REPRESENTED BY ITS

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD
NO.3/5, 3RD FLOOR, S.V.ARCADE,
BILEKAHALLI MAIN ROAD,
OFF BANNERUGHATTA ROAD,
IIM POST, BANGALORE-76302.
                                  ... APPELLANT

(BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE )
AND:

1 . PRATHIBHA P
D/O LATE M.K. PUTTASWAMY,
NOW AGED ABOUT 37 YEARS,

2 . DEVARAJU M.P.
S/O LATE M.K. PUTTASWAMY,
NOW AGED ABOUT 35 YEARS,
                               2



3 . PRABHA M P
S/O LATE M.K. PUTTASWAMY,
NOW AGED ABOUT 30 YEARS,

ALL ARE RESIDENT AT
MAHADEVAPURA VILLAGE,
SRIRANGAPATANA TALUK,
MANDYA DISTRICT - 571 438.

4 . CHANDRASHEKAR M.K.
MAJOR
S/O KEMPEGOWDA,
R/O NO.103, MAHADEVAPURA VILLAGE,
SRIRANGAPATTANA,
MANDYA DISTRICT - 571 438.
                                ...              RESPONDENTS

(BY SRI. M.Y.SREENIVASAN, ADVOCATE FOR R1 TO R3;
   R4 SERVED)


      THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
26.09.2017 PASSED IN MVC NO.678/2016 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE, & MACT,
SRIRANGAPATNA,       AWARDING    COMPENSATION     OF
RS.12,78,910/- WITH INTEREST @ 9% P.A FROM THE
DATE OF PETITION TILL DEPOSIT IN TRIBUNAL; AND
ETC.,

     THIS M.F.A. COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Even though this appeal is posted for orders, at the

consent of both the learned advocates appearing for both

the parties, it is taken up for final hearing and disposal.

2. This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988, by the appellant-Insurance

Company challenging the judgment and award dated

26.09.2017, passed in MVC No.678/2016, on the file of the

Additional Senior Civil Judge and MACT, Srirangapatna,

seeking enhancement of compensation awarded by the

tribunal.

3. The alleged accident had occurred on

16.05.2016 at about 11.00. p.m. in front of Subramanya

Temple, on Mandya-Mysore road, when the deceased

Sridhara and his cousin Naveen Kumar were proceeding by

walk on the left side of the road and at that moment the

rider of the Motor Cycle bearing Reg.No.KA-11/EC-7849

came in a rash and negligent manner and hit the deceased

Sridhara. As a result of which the deceased sustained

injuries on his left thigh, both knees and private part and

other parts of the body. Immediately he was taken to

J.S.S. Hospital at Mysore but he succumbed to the injuries

at the hospital on 18.05.2016.

4. The tribunal has awarded a compensation of

Rs.12,78,910/- under various heads including loss of

dependency, loss of estate, loss of love & affection, other

funeral expenses and medical expenses.

5. The deceased was working as agriculturist and

was doing milk vending business. The Tribunal has taken

50% of income in addition while considering the loss of

future prospects but 40% of the income has to be taken

as extra income towards loss of future prospects.

Therefore, considering the quantum of compensation made

by the Tribunal is found to be correct and requires no

interference in the quantum of compensation and

therefore, to this extent the appeal is liable to be rejected.

6. The tribunal has awarded interest @ 9% p.a.

Learned counsel for the appellant-insurance company

submits that simple interest @ 6% p.a. may be awarded

and as such he prays for reduction of rate of interest @

6% p.a. Accordingly, to the entire compensation amount

awarded the interest shall carry @ 6% p.a. To this extent,

the appeal is liable to be allowed in part. Hence I pass the

following:

ORDER

(i) The appeal is allowed in part.

      (ii)    The judgment and award dated 26.09.2017

              passed   in    MVC     No.678/2016      passed     by

              Additional    Senior   Civil    Judge   and   MACT,

Srirangapatna, is modified to the extent that

the respondents-claimants are entitled for

interest @ 6% p.a. from the date of the

petition till the date of realization to the

determined amount as made by the Tribunal.

(iii) No order as to costs.

      (iv)    Draw award accordingly.

      (v)     The amount in deposit made by the appellant

shall be transmitted to the Tribunal and the

apportionment of compensation amount shall

be as made by the Tribunal.

Sd/-

JUDGE

DS