Karnataka High Court
The Divisional Manager vs Laxmi on 13 September, 2022
Bench: H.P.Sandesh
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MFA No. 101836 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.101836 OF 2021 (MV)
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD.,
3933/B2, MUDALAGI BUILDING,
CLUB ROAD, BELGAVI 590001.
TALUK AND DIST: BELAGAVI,
REP BY DULY CONSTITUTED ATTORNEY.
...APPELLANT
(BY SRI S.V. YAJI, ADVOCATE)
AND:
1. LAXMI,
W/O YELLAPPA PATIL,
AGE 37 YEARS, OCC. COOLIE (NOW NIL),
R/O HOUSE NO.67/2, SINGINKOPPA,
POST. IDDALHOND, TQ. KANAPUR,
DISTRICT BELAGAVI-591302.
2. YELLAPPA BASAPPA PATIL,
AGE. 47 YEARS, OCC: AGRICULTURIST.
R/O. HOUSE NO.67/2, SINGINKOPPA,
POST. IDDALHOND, TQ. KANAPUR,
DISTRICT BELAGAVI-591302.
...RESPONDENTS
(BY SRI DEEPAK S. KULKARNI, ADVOCATE FOR R-1,
R-2 SERVED)
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MFA No. 101836 of 2021
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 07.08.2021 PASSED IN MVC NO.1862/2019 ON THE FILE
OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, BELAGAVI,
PARTLY ALLOWING AND AWARDING COMPENSATION OF
Rs.6,36,500/- WITH INTEREST AT 9 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and the
learned counsel for respondent No.1.
2. This appeal is filed by the Insurance Company
challenging the judgment and award dated 07.08.2021, passed
in M.V.C.No.1862/2019 on the file of the IX Additional District
and Sessions Judge and Additional MACT, Belagavi ('the
Tribunal' for short) questioning the quantum of compensation.
3. The main contention of the appellant Insurance
Company is that the compensation awarded taking the
disability of 18.3% is on the higher side and also the interest
awarded at 9% is also exorbitant. The accident was taken
place in 2019 and the nationalized bank interest is below 6%
and hence 6% interest is just and reasonable.
MFA No. 101836 of 2021
4. Per contra, the learned counsel for respondent No.1
submits that though it is a facial injury, there are malunited
fractures and the same has been considered by the doctor, who
assessed the disability and given details of difficulty in chewing
and opening the mouth and assessed 55% disability to the limb
and 18.3% to the whole body and hence disability is not on the
higher side.
5. Having heard the learned counsel for the appellant
and the learned counsel for respondent No.1 and also on
perusal of the material available on record, particularly taking
note of the evidence of P.W.2 doctor, he has issued the
disability certificate in terms of Ex.P.14 and he assessed the
disability of 55% to limb and disability of 18.3% to the whole
body. Before assessing the disability, taken the x-ray and in
terms of x-ray at Ex.P.13, it discloses malunion. When such
being the case, I do not find any error committed by the
Tribunal in taking the disability of 18.3%. The compensation
awarded under all the heads is also just and reasonable since
the accident was taken place in 2019.
MFA No. 101836 of 2021
6. Now coming to the aspect of interest is concerned,
it is the accident of the year 2019 and the Tribunal ought to
have taken note of the nationalized bank interest while
awarding interest and interest awarded at 9% per annum is on
the higher side and the same has to be reduced to 6% per
annum.
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 07.08.2021, passed in
M.V.C.No.1862/2019, is modified only to the
extent of reducing the interest from 9% per
annum to 6% per annum.
(iii) The amount in deposit, if any, is ordered to
be transmitted to the concerned Tribunal
forthwith.
Sd/-
JUDGE
MD
