Karnataka High Court
Divisionalmanager vs Ashish Veerabhadra Kadam on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3708
MFA No. 23628 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.23628 OF 2011 (MV-I)
BETWEEN:
DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
CLUB ROAD, BELAGAVI,
INSURER OF THE VEHICLE,
REPRESENTED BY NEW INDIA
ASSURANCE CO. LTD.,
SRINATH COMPLEX, HUBLI,
ASSISTANT MANAGER.
...APPELLANT
(BY SRI. S.S. KOLIWAD, ADVOCATE)
AND:
1. SRI. ASHISH VEERABHADRA KADAM,
AGE: 20 YEARS OCC: AT PRESENT NIL,
R/O: KANGRAL GALLI, TQ and DIST BELAGAVI.
2. SMT. S. KUMUTHAVANI W/O. K. SUBRAMANIAM,
AGE: MAJOR, OCC: BUSINESS,
Digitally
signed by R/O: VAYAKATTU THOTTAM,
SAMREEN
SAMREEN AYUB
DESHNUR
2/78 B, AYEMAPUDUR, ODDERPALAYAM (P.O)
AYUB
DESHNUR Date:
2024.02.23
ANNUR AVINASHI (T.K. COIMBATORE,
16:32:30
+0530
TAMILNADU-641 001.
OWNER OF THE GOODS TRUCK
NO.TN.40/Y.8249)
...RESPONDENTS
(BY SMT. SUNANDA P.PATIL, ADVOCATE FOR R1;
R2 SERVED)
THIS M.F.A. IS FILED U/SEC. 173(1) OF M.V. ACT 1988,
AGAINST THE JUDGMENT AND AWARD DATED:31.05.2011, PASSED
IN M.V.C. NO.212/2010 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-IV, BELAGAVI AT BELAGAVI, AWARDING THE
COMPENSATION OF RS.1,18,000/- WITH INTEREST AT THE RATE OF
9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF ACTUAL
DEPOSIT.
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MFA No. 23628 of 2011
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.S.S.Koliwad and Smt.Sunanda P.Patil,
counsel for the parties.
2. Appeal by the insurance company challenging the
validity of the judgment and award passed in MVC
No.212/2010 dated 31.05.2011 on the file of the Fast
Track Court-IV, Belagavi.
3. Facts in brief which are utmost necessary for
disposal of the appeal are as under:
3.1 Claimant being the rider of the motorcycle bearing
No.MH-09/1990 encountered a road traffic accident
whereby he lost control over the motorcycle on 20.05.2009
at 9.20 a.m. and dashed against the goods truck bearing
No.TN-40/Y-8249.
3.2 He laid a claim under Section 163A of M.V.Act.
3.3 The claim petition was resisted by the insurance
company by filing detailed written statement.
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3.4 Tribunal raised the necessary issues and after
recording the oral and documentary evidence placed on
record by the claimant and the documentary evidence
placed on record by the respondent namely insurance
policy allowed the claim petition in a sum of Rs.
1,18,000-00 as per II schedule of the MV Act.
4. Being aggrieved by the same, the insurance
company is in appeal.
5. Reiterating the grounds urged in the appeal
memorandum Sri.S.S.Koliwad contended that the case is
one of own negligence of the rider of the offending
motorcycle and therefore, he is not entitled to claim
compensation and sought for allowing he appeal.
6. He also contended that interest awarded at 9% is
impermissible in view of the fact that claim petition is
under Section 163A of the M.V.Act.
7. Per contra, Smt.Sunanda P.Patil, supporting the
impugned judgment by contending that as against the
goods truck which has been insured by the appellant, the
claimant is a third party and therefore, argument of the
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insurance company cannot be countenanced in law; more
so, when the claim petition is filed under Section 163-A of
the M.V.Act.
8. In view of the rival contentions of the parties, this
court has perused the material on record meticulously.
9. On such perusal of the material on record, it is
crystal clear that claimant is a third party insofar as the
goods truck involved in the accident which is insured by
the appellant-Company.
10. Further, since the claim petition is under Section
163A of MV Act, the question of negligence loses its
significance.
11. Therefore, first ground on which impugned judgment
sought assailed by the appellant cannot be countenanced
in law.
12. Insofar as interest is concerned, since the claim
petition is filed under Section 163A of the motor vehicle
Act, tribunal was not justified in awarding 9% and same
needs to be reduced to 6%.
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13. Accordingly, following:
ORDER
i) Appeal is allowed in part.
ii) While maintaining the quantum of
compensation in a sum of Rs.1,18,000/-,
rate of interest awarded by the tribunal is
reduced to 6% p.a. from the date of petition
till realization.
iii) Amount in deposit is ordered to be
transmitted to the tribunal.
iv) Balance amount of compensation if any, is to
be deposited within four weeks.
Sd/-
JUDGE
HMB
