United India Insurance Co Ltd vs Balaji Singh
2023 Latest Caselaw 10182 Kant

Karnataka High Court

United India Insurance Co Ltd vs Balaji Singh on 11 December, 2023

                                               -1-
                                                          NC: 2023:KHC:44977
                                                         MFA No. 833 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                             BEFORE
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                    MISCELLANEOUS FIRST APPEAL NO. 833 OF 2013 (MV)
                   BETWEEN:
                   UNITED INDIA INSURANCE CO. LTD.,
                   # 25, SHANKARANARAYANA BUIDLING,
                   M.G. ROAD, BANGALORE - 560 001,
                   NOW REPRESENTED BY ITS DIVISIONAL MANAGER,
                   UNITED INDIA INSURANCE CO. LTD.,
                   DIVISIONAL OFFICE, B H ROAD,
                   A.A. CIRCLE, SHIMOGA - 577 201.
                                                            ...APPELLANT
                   (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)

                   AND:
                      BALAJI SINGH,
                      S/O LATE B GANGA RAM SINGH
                      SINCE SEAD BY HIS LRS
                   1.    SMT. JANAKI BAI, LRS OF R1
Digitally signed
by VINUTHA B S           W/O LATE BALAJI SINGH,
Location: HIGH
COURT OF                 AGED ABOUT 53 YEARS,
KARNATAKA
                         R/AT RANGANATHA NILAYA,
                         JAIL ROAD, SHIMOGA - 577 201,

                   2.    H. BASAVARAJA,
                         S/O BASAVALINGAPPA,
                         NOW AGED ABOUT 40 YEARS,
                         DRIVER OF LORRY,
                         R/O BASAVANAGUDI,
                         SHIMOGA - 577 201.
                             -2-
                                       NC: 2023:KHC:44977
                                      MFA No. 833 of 2013




3.   S.B. PRUTHVI RAJ SINGH,
     S/O BALAJI SINGH,
     NOW AGED ABOUT 35 YEARS
     RANGANATHA NILAYA,
     JAIL ROAD, SHIMOGA - 577201.
                                          ...RESPONDENTS
(BY SRI. S. NAGARAJA, ADVOCATE FOR R2;
    R3 VIDE ORDER DATED 27.07.2015 APPEAL DISMISSED;
    R4 SERVED, UNREPRESENTED;
    R1 TREATED HAS LR OF R1 VIDE ORDER DATED 30.03.17)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.09.2012 PASSED IN MVC
NO.960/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, & MACT, SHIMOGA, AWARDING A COMPENSATION OF
Rs.3,02,928/- WITH INTEREST @ 6% P.A. FROM THE DATE OF
PETITION TILL DEPOSIT.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Heard Sri. A. K. Krishna Swamy, learned counsel for

the appellant as well as Sri. S. Nagaraja, learned counsel

appearing for respondent No.2.

2. Challenge in this appeal is the order that was

rendered by the Motor Accident Claims Tribunal, Shimoga

in MVC.No.960/2010, dated 28.09.2012. Though both

learned counsel made their submission with regard to the

merits of the matter, finally a consensus was arrived at,

NC: 2023:KHC:44977

that the amount awarded as compensation is slightly on

the higher side and therefore the same requires to be

reduced. Both the learned counsel submits that the

compensation awarded may be reduced from

Rs.3,02,928/- to Rs.1,50,000/- without disturbing any

other findings of the Tribunal concerned.

3. Having regard to the submission thus made, the

appeal is allowed in-part.

4. The compensation granted by the Motor Accident

Claims Tribunal, Shimoga through orders in

MVC.No.960/2010, dated 28.09.2012, is reduced from

Rs.3,02,928/- to Rs.1,50,000/. The findings of the

Tribunal in all other aspects including apportionment of

amount holds good. The amount, if any, deposited by the

appellant and is lying in the credit of this Court be

transmitted to the concerned Tribunal, immediately.

Sd/-

JUDGE

PHM