Karnataka High Court
The Manager vs Smt Manjula Bai on 24 November, 2023
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NC: 2023:KHC:45706
MFA No. 4104 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 4104 OF 2017 (MV-D)
BETWEEN:
THE MANAGER,
GENERAL INSURANCE RELIANCE CO. LTD.,
570, RECTIFIER HOUSE,
NAIGAUM CROSS ROAD,
WADALA (W), MUMBAI-31,
INDIA RFICL, 4TH FLOOR,
LIGHT HOUSE, HILL ROAD,
HAMAPANAKATTE NOT REP BY ITS
LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH FLOOR,
CENTENARY BUILDING,
NO.28, M.G. ROAD,
BANGALORE-560001.
...APPELLANT
Digitally (BY SRI.PRADEEP B.,ADVOCATE)
signed by
JAI JYOTHI J
AND:
Location:
HIGH
COURT OF 1. SMT.MANJULA BAI,
KARNATAKA W/O LATE VENKATESH NAIK,
NOW AGED ABOUT 36 YEARS.
2. KUM.GEETHA NAIKA,
D/O LATE VENKATESH NAIK,
NOW AGED ABOUT 16 YEARS,
3. SRI.KIRAN,
S/O LATE VENKATESH NAIK,
NOW AGED ABOUT 15 YEARS,
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MFA No. 4104 of 2017
4. KUM.PUTTI BAI,
D/O LATE VENKATESH NAIK,
NOW AGED ABOUT 16 YEARS,
RESPONDENT NO.2 TO 4 ARE
MINORS REP.BY NATURAL
GUARDIAN BY MOTHER, 1ST RESPONDENT.
ALL ARE R/AT DUMMALI,
D.NO.49, NIDIGE ROAD,
SHIMOGA TALUK - 577225.
5. SRI.PRADEEP KUMAR T.S.,
S/O SRINIVASA SHETTY,
NOW AGED ABOUT 48 YEARS,
R/AT ASHOKA NAGARA,
SHIMOGA - 577225.
...RESPONDENTS
(BY SMT. ASHA B.L., ADVOCATE
SRI.S.P.MAHESHA., ADVOCATE FOR R1)
(R2 LR MINIORS REPRESENTED BY R1)
R5 - VIDE ORDER DATED 13.02.2023
NOTICE DISPENSED WITH.
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.12.2016 PASSED IN MVC
NO.123/2015 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE
AND MACT VI, AT SHIVAMOGGA, AWARDING COMPENSATION
OF RS.17,48,660/- WITH INTEREST AT THE RATE OF 9% P.A.
FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 4104 of 2017
JUDGMENT
This appeal is filed by the Insurance Company
aggrieved by the award passed in M.V.C.No.123/2015, on
the file of the Prl. Senior Civil Judge and MACT-VI,
Shivamogga, dated 23.12.2016 whereby the Tribunal had
granted compensation of an amount of Rs.17,48,660/-.
2. The claimant had filed petition seeking
compensation of an amount of Rs.32,00,000/- for the
death of the deceased in the road traffic accident. It is the
case of the claimant that he was working as a Plumber
earning an amount of Rs.1,200/- per day. The Court had
taken the income of Rs.7,500/- per month and 1/4th was
deducted towards his personal expenses and granted an
amount of Rs.15,18,660/- towards loss of dependency and
under the other head granted an amount of Rs.2,30,000/-.
Altogether, a compensation of Rs.17,48,660/- was
awarded by the Tribunal.
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3. Learned counsel for the Insurance Company
submits that the Court below ought not to have taken
Rs.7,500/- as income and further the rate of interest is at
9% is excessive.
4. Learned counsel appearing for the claimant
submits that in fact the compensation that was granted
was on the lower side and he submitted that no grounds
are made out for interference with the award passed by
the Tribunal.
5. Having heard the learned counsels for either side,
perused entire materials on record.
6. The Court below had taken income at Rs.7,500/-
per month and accordingly granted compensation. This
Court finds no reasons to interfere with the same. In so far
as the interest is concerned the Court below has granted
9% which is on the higher side, hence this Court is inclined
to reduced the same to 6% interest.
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7. Accordingly, the appeal of the Insurance Company
is partly allowed reducing the interest amount from 9%
to 6%.
i. Registry is directed to return the Trial
Court Records to the Tribunal, along with
certified copy of the judgment passed by
this Court forthwith without any delay.
ii. No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
RMS
