Karnataka High Court
The Oriental Insurance Company Ltd vs Mohanlal on 16 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15089
MFA No. 7177 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.7177 OF 2014(MV-D)
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LTD.,
BRANCH OFFICER,
JAYADEVA HOSTEL BUILDING,
B.H.ROAD, TIPTUR,
THROUGH REGIONAL OFFICE,
SUMANGALA COMPLEX,
2ND FLOOR, LAMINGTON ROAD,
HUBLI-580 020.
BY DULY CONSTITUTED ATTORNEY.
REPRESENTED BY ITS ASSISTANT MANAGER.
...APPELLANT
(BY SRI. M.S.SRIRAM., ADVOCATE)
AND:
1. MOHANLAL
S/O JAWANMAL,
Digitally signed by
PREMCHANDRA M R AGED ABOUT 60 YEARS,
Location: HIGH
COURT OF
KARNATAKA 2. REKHABAI
W/O MOHANLAL,
AGED ABOUT 56 YEARS,
BOTH ARE RESIDENT OF
SHANABOGARA STREET,
ARASIKERE TOWN,
HASSAN DISTRICT-573 201.
3. H.S.VENKATESHA KUMARA
S/O H.N.SATHYANARAYANA SETTY,
AGED ABOUT 70 YEARS,
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NC: 2024:KHC:15089
MFA No. 7177 of 2014
R/O BEHIND TELEPHONE EXCHANGE,
ARASIKERE TOWN-583 125.
(OWNER OF THE CAR BEARING NO.KA-13-M-6727).
...RESPONDENTS
(BY SRI. H.T.JAGADEESH., ADVOCATE FOR R1 AND R2;
SRI. RAVICHANDRA.S.N., ADVOCATE FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:07.08.2014
PASSED IN MVC NO.1604/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, ARASIKERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.M.S.Sriram., learned counsel for the appellant,
Sri.H.T.Jagadeesh., learned counsel for respondents 1 and 2
and Sri.Ravichandra.S.N., for respondent No.3 have appeared
in person.
2. Though the appeal is listed today for dismissal, it is
heard finally.
3. For the sake of convenience, the parties are
referred to as per their status and ranking before the Tribunal.
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4. The claimants filed a claim petition under Section
163(A) of the Motor Vehicles Act seeking compensation and
urged several contentions. In response to the notice, the
respondents appeared through their counsel and filed written
statement denying the petition averments. Among other
grounds they prayed for dismissal of the petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:07.08.2014 allowed the Claim
Petition in part and awarded compensation of Rs.2,44,500/-
with 6% interest per annum from the date of petition till the
date of deposit. The Insurance Company has assailed the
Judgment of the Tribunal in this appeal on several grounds as
set-out in the Memorandum of appeal.
5. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and the records with utmost care.
6. The point that requires consideration is whether the
Judgment of the Tribunal requires interference.
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7. Sri.M.S.Sriram., learned counsel for the Insurance
Company submits that a memo has been filed furnishing the
copy of the Insurance Policy of Maruti Swift car bearing
Registration No.KA-13-M-6727 and the same may be placed on
record and appropriate order may be passed.
Submission is noted. Memo along with the copy of
Insurance Policy is placed on record.
Perused the Insurance Copy with utmost care. A perusal
of the same depicts that the Insurance Company has collected
a premium amount of Rs.100/- (Rupees One Hundred only) for
PA for Owner Cum-Driver. The PA cover under Section III for
registered owner cum driver is Rs.2,00,000/- (Rupees Two
Lakhs only) (CSI). Hence, the quantum of compensation
awarded by the Tribunal is liable to be modified holding that
the claimants are entitled for compensation of Rs.2,00,000/-
(Rupees Two Lakhs only).
8. For the reasons stated above the Judgment
dated:07.08.2014 passed by the Court of Senior Civil Judge
and MACT, Arsikere is modified holding that the claimants are
entitled for compensation of Rs.2,00,000/- (Rupees Two Lakhs
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only) with 6% interest per annum from the date of petition till
realization.
The Insurance Company is directed to deposit a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) with 6% interest per
annum from the date of petition till realization.
9. Resultantly, the Miscellaneous First Appeal is
allowed.
The Registry concerned is directed to transmit the
amount in deposit, if any to the Tribunal forthwith for
disbursement.
Sd/-
JUDGE
MRP
