Karnataka High Court
United India Insurance Company ... vs Mr V Balaji on 20 September, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:33910
MFA No. 5051 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5051 OF 2018 (MV)
BETWEEN:
UNITED INDIA INSURANCE COMPANY LTD
MOTOR CLAIMS HUB, NO.18, 6TH FLOOR
NEAR KRUSHI BHAVANA, HUDSON CIRCLE
BANGALORE-560 001.
...APPELLANT
(BY SRI. LAKSHMI NARASAPPA, ADVOCATE FOR
SRI.A M VENKATESH., ADVOCATE)
AND:
1. MR V BALAJI
S/O P VENUGOPAL
AGED ABOUT 32 YEARS
Digitally signed 2. KUM TRIVENI
by
DHANALAKSHMI D/O V BALAJI
MURTHY BEING MINOR REPRESENTED BY
Location: High
Court of THEIR FATHER MR V BALAJI
Karnataka
3. KUM VAISHNAVI
D/O V BALAJI
BEING MINOR REPRESENTED BY
THEIR FATHER MR V BALAJI
ALL ARE R/AT NO.06
LEELA NILAYAM 1ST MAIN,VIJINAPURA
DOORVANI NAGARA POST
BANGALORE-560 016.
-2-
NC: 2023:KHC:33910
MFA No. 5051 of 2018
4. MR R SHASHI KUMAR
S/O R RAJA
# 145,HARAGADEE
JIGANI HOBLI, ANEKAL TALUK
BANGALORE-562106.
...RESPONDENTS
(BY SRI. H.R. SATHYAPAL HEGDE, ADVOCATE FOR
SRI. K T GURUDEVA PRASAD.,ADVOCATE FOR R1 TO R3:
NOTICE TO R4 IS DISPENSED WITH
V/O DATED: 20.09.2023)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25/01/2018,
PASSED IN MVC NO.6607/2016, ON THE FILE OF THE XV
ADDITIONAL SMALL CAUSES JUDGE & XXIII ACMM., MEMBER,
MACT., BENGALURU (SCCH-19), AWARDING COMPENSATION
OF RS.23,18,600/- WITH INTEREST @ 9% P.A., FROM THE
DATE OF PETITION TILL ITS REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the Insurance Company being
aggrieved by the judgment and award dated 25.01.2018
passed by the MACT, Bengaluru in MVC No.6607/2016.
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MFA No. 5051 of 2018
2. Facts giving rise to the filing of the appeal briefly
stated are that on 11.04.2016 at about 01.30 p.m., the
deceased was riding a Cycle proceeding on Kasturi Nagar,
slowly and cautiously, when she reached near Railway
Gate, Bengaluru city, at that time, the driver of the Car
bearing Registration No.KA-51/C-0230 drove the same in
a rash and negligent manner, so as to endangering human
life, came at high speed and dashed the deceased cycle.
As a result of the aforesaid accident, the deceased
sustained grievous injuries and succumbed to the injuries.
3. The claimants filed a petition under Section 166 of
the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, the respondent No.1
appeared through counsel and filed written statement in
which the averments made in the petition were denied. It
was pleaded that the petition itself is false and frivolous in
the eye of law. The age, occupation and income of the
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MFA No. 5051 of 2018
deceased are denied. It was further pleaded that the
quantum of compensation claimed by the claimants is
exorbitant. Hence, he sought for dismissal of the petition.
5. The respondent No.2 did not appear before the
Tribunal inspite of service of notice and hence was placed
ex-parte.
6. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimants, in order to prove their case,
examined claimant No.1 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P17. On behalf of
respondents, one witness was examined as RW-1 but no
document was exhibited. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver, as a result of which, the
deceased sustained injuries and succumbed to the injuries.
The Tribunal further held that the claimants are entitled to
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MFA No. 5051 of 2018
a compensation of Rs.23,18,600/- along with interest at
the rate of 9% p.a. and directed the Insurance Company
to deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
7. The learned counsel for the Insurance Company has
contended that in view of the Division Bench decision of
this Court in the case of MS.JOYEETA BOSE AND OTHERS -V-
VENKATESHAN.V AND OTHERS (MFA 5896/2018 AND CONNECTED
MATTERS DISPOSED OF ON 24.8.2020), the rate of interest
granted by the Tribunal at 9% p.a. on the compensation
amount is on the higher side. Hence, he prays for allowing
the appeal.
8. On the other hand, the learned counsel for the
claimants has on appreciation of oral and documentary
evidence and considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable. Hence, he prays for
dismissal of the appeal.
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MFA No. 5051 of 2018
9. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
10. It is not in dispute that Bharathi died in the road
traffic accident occurred on 11.04.2016 due to rash and
negligent driving of the offending vehicle by its driver.
11. The only contention raised by the Insurance
Company in this appeal is in respect of interest awarded
by the Tribunal.
12. In view of judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
claimants are entitled 6% interest per annum on the
compensation amount. But the interest at 9% per annum
awarded by the Tribunal is on the higher side and the
same has to be scale down to 6%.
13. In the result, I pass the following order:
ORDER
a) The appeal is allowed in part.
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MFA No. 5051 of 2018
b) The judgment of the Claims Tribunal is modified only
in respect of interest awarded.
c) In view of judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
interest at 9% awarded by the Tribunal is hereby scale
down to 6%.
d) The Insurance Company is directed to deposit the
compensation of Rs.23,18,600/- along with interest @ 6%
p.a. from the date of filing of the claim petition till the date
of realization, within a period of six weeks from the date of
receipt of copy of this judgment.
e) The amount in deposit shall be transferred to the
Tribunal.
Sd/-
JUDGE
HA
