Karnataka High Court
The Divisional Manager vs Shanta W/O. Tamanna Jangam on 5 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:272
MFA No. 23079 of 2012
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.23079 OF 2012 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.23080 OF 2012
MISCELLANEOUS FIRST APPEAL NO.25012 OF 2013
IN M. F. A. NO.23079 OF 2012
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI,
REPRESENTED BY ITS REGIONAL MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD,
KESHWAPUR, HUBLI, DIST: DHARWAD.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
Digitally
signed by
BHARATHI 1. SMT. SHARADA
BHARATHI H M W/O. BASAVANNI PARAVAYYANAVAR,
HM Date:
2024.01.18 AGE: 27 YEARS, OCC: HOUSEHOLD WORK,
12:28:25
+0530 R/O. HONNIHAL, TQ AND DIST: BELAGAVI.
2. KUMAR SANGAYYA
S/O. BASAVANNI PARAVAYYANAVAR,
AGE: 07 YEARS, MINOR,
REPRESENTED BY MINOR GUARDIAN
RESPONDENT NO.1.
3. KUMAR VINAY
S/O. BASAVANNI PARAVAYYANAVAR,
AGE: 04 YEARS, OCC: MINOR,
REPRESENTED BY MINOR GUARDIAN
RESPONDENT NO.1.
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NC: 2024:KHC-D:272
MFA No. 23079 of 2012
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
4. NAGAYYA TAMMANNA PARAVAYYANAVAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. MAVINKATTI, TQ AND DIST: BELAGAVI.
OWNER OF HERO HOND MOTOR
CYCLE NO.KA-22-EB-9670
...RESPONDENTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1;
R2-R3 ARE MINORS REP. BY R1;
NOTICE TO R4 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 28.03.2012 PASSED IN MVC.NO.2317/2010 ON THE
FILE OF THE PRESIDNG OFFICER, FTC-I, & MEMBER AMACT,
BELAGAVI, AWARDING COMPENSATION OF RS.3,16,500/- WITH
INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
IN M. F. A. NO.23080 OF 2012
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
RAMDEV GALLI, BELAGAVI,
REPRESENTED BY ITS REGIONAL MANAGER,
THE NATIONAL INSURANCE COMPANY LTD.,
2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD,
KESHWAPUR, HUBLI, DIST: DHARWAD.
...APPELLANT
(BY SRI. S.K. KAYAKAMATH, ADVOCATE)
AND:
1. SMT. SHANTA
W/O. TAMANNA JANGAM,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O. MAVINKATTI, TQ AND DIST: BELAGAVI.
2. NAGAYYA TAMMANNA PARAVAYYANAVAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: MAVINKATTI, TQ AND DIST: BELAGAVI.
OWNER OF HERO HONDA MOTOR CYCLE
NO.KA-22/EB-9670
...RESPONDENTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1;
NOTICE TO R2 SERVED)
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NC: 2024:KHC-D:272
MFA No. 23079 of 2012
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 28.03.2012 PASSED IN MVC.NO.2343/2010 ON THE
FILE OF THE PRESIDNG OFFICER, FTC-I, & MEMBER AMACT,
BELAGAVI, AWARDING COMPENSATION OF RS.4,17,500/- WITH
INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
IN M. F. A. NO.25012 OF 2013
BETWEEN:
SMT. SHANTA
W/O. TAMANNA JANGAM,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O. MAVINKATTI, TALUK AND DIST: BELAGAVI.
...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
1. SRI. NAGAYYA TAMMANNA PARAVAYYANAVAR,
AGE: MAJOR, OCC: BUSINESS,
R/O AT POST MAVINKATTI TALUK
AND DIST. BELAGAVI.
OWNER OF HERO HONDA M/C
NO.KA-22/EB-9670)
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE, RAMDEV GALLI,
BELAGAVI,
(INSURER OF HERO HONDA M/C NO.KA-22EB-9670)
...RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
DATED 28.03.2012 PASSED IN MVC.NO.2343/2010 ON THE FILE OF
THE PRESIDNG OFFICER, FAST TRACK COURT-I AND MEMBER
ADDITIONAL MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:272
MFA No. 23079 of 2012
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.S.K.Kayakamath, learned counsel for the
appellant - Insurance Company and Smt.Geetha K.M. @
Pawar, learned counsel for respondents - claimants.
2. These three appeals are filed against the
common judgment and award passed in MVC
No.2317/2010 and MVC No.2343/2010 dated 28.03.2012
on the file of the Additional Motor Accident Claims
Tribunal, Belagavi.
3. Both the petitions are filed under Section
163(A) of Motor Vehicles Act in respect of a road traffic
accident occurred on 03.06.2010 involving motorcycle
bearing Reg.No.KA-22/EB-9670. The rider and pillion rider
are the claimants. As a result of the said accident, the
rider and pillion rider died on the spot and therefore, the
claimants have filed the claim petitions.
NC: 2024:KHC-D:272
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
4. The claim petitions were resisted by filing
necessary written statements. The Tribunal after raising
necessary issues and recording evidence of PW.1 and
PW.2 in both the cases and relying on documents at
Exs.P.1 to P.7 and also taking into note the oral evidence
placed by the Officer of the Insurance Company who has
been examined as RW.1 and based on policy conditions,
allowed the claim petitions in part granting compensation
in a sum of Rs.4,17,500/- in MVC No.2343/2010 and
Rs.3,16,500/- in MVC No.2317/2010 as per the II schedule
of the Motor Vehicles Act and granted interest at 9% per
annum.
5. Being aggrieved by the same, the Insurance
Company has preferred MFA No.23079/2012 and MFA
No.23080/2012 and also claimant in MVC No.2343/2010
has filed MFA No.25012/2013 seeking enhancement of
compensation.
6. Reiterating the grounds urged in the appeal
memorandum, Sri.S.K.Kayakamath, learned counsel for
NC: 2024:KHC-D:272
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
the Insurance Company vehemently contended that the
Tribunal has wrongly appreciated the material facts and
sought for allowing the appeals.
7. He further contended that granting of interest
at 9% is incorrect and sought for modifying the award.
8. Insofar as appeal in MFA No.25012/2013,
Smt.Geetha K.M., learned counsel contended that the
income has been mentioned as Rs.3,500/- and 1/3rd has
been deducted which is incorrect and therefore, the
quantum of compensation needs to be reassessed.
9. She further contended that grant of interest at
9% per annum is the discretionary power of the Tribunal
and therefore the rate of interest could not be reduced
from 9% to 6% as is contended by the Insurance
Company.
10. In view of the rival contentions of the parties,
this Court perused the material on record meticulously. On
such perusal of the material on record, the death of rider
NC: 2024:KHC-D:272
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
and pillion rider of the motorcycle bearing Reg.No.KA-
22/EB-9670 stands established on account of the road
traffic accident.
11. Admittedly, the claim petitions are filed under
Section 163(A) of Motor Vehicles Act. As such, the Tribunal
was bound to consider the grant of compensation as per
the II schedule of Motor Vehicles Act and the Tribunal has
rightly assessed the compensation. Therefore, there is no
scope for reassessment of quantum of compensation.
12. The contention urged on behalf of the appellant
in MFA No.25012/2013 also cannot be countenanced in
law inasmuch as if amount of Rs.3,500/- is taken as the
monthly income, the claimant would fall outside the scope
of Section 163(A) of Motor Vehicles Act and therefore
taking the income at Rs.3,000/- is just and proper.
Therefore, the quantum of compensation ordered by the
Tribunal needs no interference by this Court.
NC: 2024:KHC-D:272
C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
13. However, the Tribunal has granted 9% interest
on the adjudged quantum of compensation in both the
claim petitions. When the petitions are under Section
163(A) of Motor Vehicles Act, the Tribunal was required to
grant interest only at 6% per annum and not 9%.
Therefore, the Insurance Company has made out a case
for reduction of interest from 9% to 6% in both the
appeals.
14. With the above modification, following order is
passed:
ORDER
(i) MFA No.23079/2012 and MFA No.23080/2012
filed by the Insurance Company are allowed in
part.
(ii) While maintaining the quantum of compensation
awarded by the Tribunal in both the cases in a
sum of Rs.4,17,500/- and Rs.3,16,500/-, the
rate of interest ordered by the Tribunal is
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C/W MFA No. 23080 of 2012, MFA No. 25012
of 2013
reduced from 9% to 6% per annum from the
date of petition till realization.
(iii) MFA No.25012/2013 filed by the claimant in MVC
No.2343/2010 is hereby dismissed.
(iv) Amount in deposit, if any, is ordered to be
transmitted to the concerned Tribunal for
disbursement in accordance with law.
Sd/-
JUDGE
SH
