Karnataka High Court
The Manager, Reliance vs Santosh Kumar And Anr on 20 February, 2024
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NC: 2024:KHC-K:1650
MFA No. 202002 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISC. FIRST APPEAL NO. 202002 OF 2018 (MV-I)
BETWEEN:
THE MANAGER,
RELIANCE GENERAL INS. CO. LTD.
BRANCH OFFICE, 3RD FLOOR, ASIAN PLAZA,
SARDAR VALLABHAI PATEL CHOWK, MAIN ROAD,
KALABURAGI-585102.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY,
HUBLI)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. SANTOSH KUMAR @ SANTOSH
S/O KALYANAPPA ADAKI,
AGE:31 YEARS,
R/O. SULTANPUR ROAD,
NEAR YALLALING TEMPLE,
Digitally signed
by KHAJAAMEEN CHANNAVEER NAGAR,
L MALAGHAN KALABURAGI - 585101.
Location: High
Court of
Karnataka 2. MOHD ZAMEER
S/O MAHABOOBSAB CHOUDRI,
AGE: 44 YEARS, OCC: BUSINESS,
R/O. H.NO.11-1603/A
VIDYA NAGAR COLONY,
KALABURAGI-585101.
...RESPONDENTS
(BY R1-SERVED;
V/O DATED 30.06.2022 THE APPEAL AGAINST R2 STANDS
ABATED)
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NC: 2024:KHC-K:1650
MFA No. 202002 of 2018
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE
APPEAL BY SETTING ASIDE THE IMPUGNED JUDGEMENT AND
AWARD DATED 12.07.2018 IN MVC.NO.535/2016 PASSED BY
THE PRL. SENIOR CIVIL JUDGE AND MACT, KALABURAGI AND
ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award passed in
MVC.No.535/2016 dated 12.07.2018 by the Prl. Senior
Civil Judge and MACT, Kalaburagi (for short 'Tribunal'),
whereby the Tribunal had granted the compensation of an
amount of Rs.3,84,480/-, the insurance company is before
this Court.
02. The learned counsel fort the appellant submits
that the accident had taken place on 01.06.2015 and the
complaint was lodged on 02.06.2015 against the unknown
vehicle. It is submitted that the Tribunal had granted the
compensation with interest at 9% which is exorbitant.
NC: 2024:KHC-K:1650
03. This Court has perused the entire records. In
every case of delay it will not be fatal to the case of the
claimant. The Tribunal considering the reasons stated had
rightly held that the vehicle is involved and the insurance
company is liable to pay the compensation. When it comes
to the interest part, the Tribunal had granted 9% interest,
which is on the higher side. This Court is of the view that
the appeal of the insurance company is to be partly
allowed by reducing the interest from 9% to 6%.
04. Accordingly, the appeal filed by the insurance
company is Allowed-in-part, by reducing the interest
from 9% to 6% per annum.
a) The insurance company is liable to pay the
compensation of an amount of Rs.3,84,480/- with
interest at 6% per annum from the date of petition
till the date of realization of the amount.
NC: 2024:KHC-K:1650
b) The Insurance Company shall deposit the said
compensation amount with accrued interest before
the Tribunal within a period of 8 (Eight) weeks.
c) The Registry is directed to return the Trial Court
Record to the Tribunal along with the certified copy
of the order passed by this Court forthwith without
any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
The amount in deposit forthwith shall be transferred
to the Tribunal.
Sd/-
JUDGE
KJJ
CT:VD
