The Managing Director Nwksrtc vs Smt. Mery Kom Angel Gudinho
2023 Latest Caselaw 2502 Kant

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                                                         MFA No. 100267 of 2018




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 23RD DAY OF MAY, 2023

                                              BEFORE
                                  THE HON'BLE JUSTICE M.G.UMA
                        MISCELLANEOUS FIRST APPEAL NO.100267 OF 2018 (MV-I)
                   BETWEEN:

                   THE MANAGING DIRECTOR NWKSRTC
                   SIRSI DIVISION,
                   SIRSI.
                                                                      ...APPELLANT
                   (BY SRI S. C. BHUTI, ADVOCATE)

                   AND:

                   1.     SMT. MERY KOM ANGEL GUDINHO,
                          AGE:56 YEARS, OCC:HOUSEHOLD,
                          R/O. CHURCHWADA,
                          SADASHIVGAD,
                          TALUKA:KARWAR-581352.

                   2.     THE BRANCH MANAGER,
                          UNITED INDIA INSURANCE COMPANY LTD.,
                          BRANCH OFFICE, MOODI COMPLEX,
                          HOSPETH ROAD, SIRSI-581401.
Digitally signed
by VINAYAKA B                                                    ...RESPONDENTS
V
Location: HIGH
COURT OF
KARNATAKA
                   (BY     SMT. PREETI SHASHANK, ADVOCATE FOR R2;
DHARWAD                    SRI PRASHANT MATHAPATI, ADVOCATE FOR R1)

                         THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
                   VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
                   05.06.2017 PASSED IN MVC NO.2/2014 ON THE FILE OF THE
                   PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, I ADDITIONAL
                   MOTOR ACCIDENT CLAIMS TRIBUNAL, KARWAR, AWARDING
                   COMPENSATION OF RS. 20,000/- WITH INTEREST AT 7% P.A. FROM
                   THE DATE OF PETITION TILL ITS RELISATION.

                        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                               -2-
                                       MFA No. 100267 of 2018




                           JUDGMENT

1. Heard learned counsel for the appellant and

learned counsel for respondent No.2.

2. Learned counsel for the appellants submitted

that, in the connected matter in

MFA.No.102210/2015(MV) connected with

MFA.No.100974/2015, this Court had already passed

common judgment on 23.03.2021 saddling the liability on

the insurance company by modifying the impugned

judgment and award passed by the Tribunal. Therefore,

similar order is to be passed in the present case.

3. Learned counsel appearing for respondent No.2

while conceding that the connected matters are already

disposed of vide order dated 23.03.2021 stated that

respondent No.2-Insurance Company is saddled with

liability and the same was not challenged by the Insurance

Company. However, she submits that, the rate of interest

awarded by the Tribunal at the rate of 7% per annum is to

MFA No. 100267 of 2018

be reduced to 6% per annum. In view of the above, the

point that would arise for my consideration is as follows.

"Whether the impugned judgment and award passed by the Tribunal is required to be modified?"

4. My answer to the above point is in the

affirmative for the following:

REASONS

5. Admittedly, the present appeal is connected

with MFA.No.100974/2015, which was also preferred by

the corporation and the same came to be allowed vide

order dated 23.03.2021 saddling the liability on the

Insurance Company by modifying the judgment and award

passed by the Tribunal. The said fact is fairly conceded by

the leaned counsel for respondent No.2. It is also admitted

that, the said order has reached finality as the same is not

challenged. However, this Court has reduced the rate of

interest to 6% per annum from 7% per annum which was

MFA No. 100267 of 2018

awarded by the Tribunal, in the said connected cases.

Hence I deem it appropriate to award the interest at the

rate of 6% per annum on the compensation awarded by

the Tribunal and to modify the impugned judgment and

award passed by the Tribunal fastening the liability on the

appellants, by saddling the liability on respondent No.2-

Insurance Company. Hence, I answer the above point in

the affirmative and proceed to pass the following;

ORDER

1. The appeal is allowed.

2. The order of the Tribunal fastening liability on the

appellant is set aside. It is held that respondent

No.2-Insurance Company is liable to pay the

compensation awarded by the tribunal along with

interest.

3. The interest at the rate of 7% per annum awarded

by the Tribunal on the compensation is reduced to

6% per annum.

MFA No. 100267 of 2018

4. Amount in deposit, if any, made by the appellant

either before this Court or before the Tribunal is

ordered to be refunded to the appellant on due

identification.

SD/-

JUDGE

EM