Karnataka High Court
Nirmala K vs The Manager on 14 November, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.7485/2015 (MV-DM)
BETWEEN:
NIRMALA K,
W/O. KRISHNASWAMY
AGED ABOUT 43 YEARS
NO.1, 2ND CROSS
GUPTA LAYOUT, ULSOOR
BENGALURU-560 008. ... APPELLANT
(BY SRI N.S.BHAT, ADVOCATE)
AND:
1. THE MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,
GROUND FLOOR, NO.31, TBR TOWER,
1ST CROSS, NEW MISSION ROAD,
NEAR BENGALURU STOCK EXCHANGE,
BENGALURU-560 027
(POLICY NO.OG-14/1701/1803-0000/1413
VALID FORM 20-06-2013 TO 19-06-2014)
2. M/s. GOKUL VEGETARIAN
NO.7, 1ST FOOR, 80 FEET ROAD,
R.T. NAGAR, P & T COLONY,
BENGALURU-560 032. ... RESPONDENTS
(BY SRI P.B.RAJU, ADVOCATE FOR R1)
THIS M.F.A., IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:06.08.2015
2
PASSED IN MVC NO.643/2014 ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM,
MEMBER-MACT, BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS M.F.A., COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellant and
the learned counsel appearing for respondent No.1-Insurance
Company.
2. This appeal is filed challenging the judgment and
award dated 06.08.2015 passed in M.V.C.No.643/2014 on the
file of the VIII Additional Small Causes Judge and Motor Accident
Claims Tribunal, Bengaluru (SCCH-5) ('the Tribunal' for short).
3. The parties are referred to as per their original
rankings before the Tribunal to avoid confusion and for the
convenience of the Court.
4. The factual matrix of the case of the claimant before
the Tribunal is that on 13.01.2014 at about 11:30 a.m, she was
driving the Swift Car, at that time, one Mahindra Maxima bearing
registration No.KA-04-D-6551 came from behind and struck the
Car, causing extensive damage to the Car i.e., in terms of Ex.P5,
Job Card Retail Invoice to the tune of Rs.84,701.50 paise. After
the repairs documents - Ex.P8 is marked. In all, the amounts of
Rs.14,030/-, Rs.17,885/- and Rs.37,405/- was awarded but, the
Tribunal has not awarded any interest. For idling period also,
the Tribunal has not awarded any compensation. Hence, the
present appeal is filed before this Court.
5. Learned counsel appearing for the respondent -
Insurance Company would submit that though estimation was
made to the extent of Rs.84,000/-, the original bill with regard
to the spare parts purchased, other labour charges including in
all, an amount of Rs.69,320/- was awarded. Hence, it does not
require any interference.
6. Having heard the respective counsel and on perusal
of the material available on record, the vehicle was under repair
for a period of one month and two days. The invoice was given
on 16.06.2014 and the final bill was issued on 18.07.2014.
Hence, not considered the idling period. Having considered the
same, it is appropriate to award an amount of Rs.10,000/-.
Apart from that, the Tribunal has not awarded any interest for
the amount which she was spent for repair. It is the matter of
the year 2014. Hence, the interest at the rate of 8% per annum
is awarded.
7. In view of the discussions made above, I pass the
following:
ORDER
(i) The appeal is allowed-in-part.
(ii) The impugned judgment and award of the
Tribunal dated 06.08.2015 passed in
M.V.C.No.643/2014, is modified granting an
additional compensation of Rs.10,000/- with
interest at 8% per annum on the entire
amount of Rs.79,320/- from the date of
petition till deposit.
(iii) The Insurance Company is directed to pay the
compensation amount with interest within six
weeks from today.
(iv) The Registry is directed to transmit the records
to the concerned Tribunal, forthwith.
Sd/-
JUDGE
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