Karnataka High Court
Sri.Nagaraju vs Sri.A.J.Ramanath on 16 November, 2023
Bench: Rajendra Badamikar
-1-
NC: 2023:KHC:40825
MFA No. 3391 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO. 3391/2015 (MV-I)
BETWEEN:
SRI. NAGARAJU,
S/O LATE BYANNA,
AGED ABOUT 53 YEARS,
RESIDING AT
SUBRAMANYAPURA MAIN ROAD,
UTHARAHALLI VILLAGE,
SUBRAMANYAPURA POST,
BANGALORE-61.
...APPELLANT
(BY SRI. GOPAL KRISHNA .N, ADVOCATE)
AND:
1. SRI. A.J. RAMANATH,
S/O JAYARAMASHETTY,
MAJOR IN AGE,
Digitally RESIDING AT
signed by AVANI VILLAGE & POST,
SOWMYA D MULBAGAL TALUK,
Location: KOLAR DISTRICT-563 131.
High Court of
Karnataka 2. THE UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE,
5TH FLOOR, KRUSHI BHAVANA,
NRUPATHUNGA ROAD,
HUDSON CIRCLE,
BANGALORE-560 001,
REP BY ITS MANAGER.
...RESPONDENTS
-2-
NC: 2023:KHC:40825
MFA No. 3391 of 2015
(BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R2,
V/O DATED 7.3.2019, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:26.11.2014 PASSED IN MVC
NO.3130/2012 ON THE FILE OF THE 20TH ADDITIONAL SMALL
CAUSES JDUGE, MEMBER, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellant and the learned
counsel for respondent No.2-Insurance Company are
present. They filed a joint memo for confirming the
quantum of award passed by the Tribunal but by fastening
the liability on Insurance Company- respondent No.2 in
view of Mukund Dewangan vs. Oriental Insurance
Company Limited reported in AIR 2017 SC 3668.
2. The appeal is filed by the claimant challenging
the judgment and award passed in MVC No.3130/2012.
The Tribunal has partly allowed the claim petition by
awarding the compensation of Rs.50,000/- to the
claimant. However, the claim petition against respondent
NC: 2023:KHC:40825
MFA No. 3391 of 2015
No.2/Insurer was dismissed by the Tribunal and liability is
fastened on respondent No.1-owner.
3. Now by filing the joint memo both the counsels
submit that the quantum may be confirmed and in view of
Mukund Dewangan's case referred supra the liability needs
to be fastened on respondent No.2-Insurer and they
prayed for modifying the award only to the said extent.
Submission and memo are placed on record. In view of the
submission and a joint memo, the appeal needs to be
allowed in part and accordingly, I proceed to pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation awarded to the extent of
Rs.50,000/- with interest at the rate of 6% in
favour of claimant stands confirmed.
(iii) However, the liability fastened by the Tribunal
against respondent No.1 alone stands modified
and respondent No.2-The United India Insurance
Co. Ltd., is held liable to pay the compensation
with accrued interest thereon.
NC: 2023:KHC:40825
MFA No. 3391 of 2015
Respondent No.2-Insurance Company is granted six
weeks time to deposit the entire compensation amount
with accrued interest before the Tribunal from the date of
receipt of certified copy of this order.
Sd/-
JUDGE
DS
