Karnataka High Court
United India Insurance Co. Ltd vs Sri. Chandrapa on 1 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:8626
MFA No. 1110 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.1110 OF 2016(MV-I)
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
YESHWANTHPURA BRANCH OFFICE,
THROUGH ITS REGIONAL OFFICE,
NO.18, 5TH AND 6TH FLOORS,
KRISHIBHAVAN, HUDSON CIRCLE,
BANGALORE-560 001.
REPRESENTED BY ITS MANAGER.
...APPELLANT
(BY SRI. JANARDHAN REDDY., ADVOCATE)
AND:
1. SRI. CHANDRAPA
S/O SRI. NARAYANAPPA,
AGED ABOUT 50 YEARS,
R/AT NARAYANAPURA VILLAGE,
Digitally signed by BETTALASUR POST,
THEJASKUMAR N BANGALORE NORTH TALUK,
Location: HIGH BANGALORE - 562 157.
COURT OF
KARNATAKA
2. SRI. C.SRINIVAS
MAJOR IN AGE,
R/AT NO.240, 1ST MAIN ROAD,
SHIVANAGAR, RAJAJINAGAR,
BANGALORE-560 010.
(OWNER OF THE AUTO RICKSHAW
NO.KA-02-B-7912).
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
NOTICE TO R2 - DISPENSED WITH V/O DATED:07.11.2023)
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NC: 2024:KHC:8626
MFA No. 1110 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:08.07.2015
PASSED IN MVC NO.6593/2006 ON THE FILE OF THE MEMBER,
MACT AND XX ADDITIONAL SMALL CAUSE JUDGE,
BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Janardhan Reddy., learned counsel for the appellant
has appeared in person.
2. Notice to the respondents were ordered on
21.07.2016. A perusal of office note depicts that respondent
No.1 is served and unrepresented. He has neither engaged the
services of an advocate nor conducted the case as party in
person.
3. Though the appeal is listed today for admission,
with the consent of learned counsel for the appellant, it is heard
finally.
4. Sri.Janardhan Reddy., learned counsel for the
appellant in presenting his arguments submits that the Tribunal
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had awarded compensation amount of Rs.5,70,000/- (Rupees
Five Lakh Seventy Thousand only). On remand, the Tribunal
has enhanced the compensation amount to Rs.10,30,000/-
(Rupees Ten Lakh Thirty Thousand only). However, in
Paragraph 22 and operative portion of the Judgment, it is hand
written as additional compensation amount of Rs.10,30,000/-
(Rupees Ten Lakh Thirty Thousand only). He argued by saying
that the Tribunal instead of saying Enhanced Compensation
amount, it has been hand written as Additional Compensation
and the same is liable to be corrected as Enhanced
Compensation and not as Additional Compensation.
Heard, the contentions urged by learned counsel for the
appellant and perused the appeal papers and the records with
utmost care.
5. Suffice it to note that after remand, the Tribunal
extenso referred to the material on record and awarded
compensation of Rs.10,30,000/- (Rupees Ten Lakh Thirty
Thousand only).
In paragraph 22 and the operative portion of the
Judgment, it is hand written as petitioner is entitled for
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"additional" compensation of Rs.10,30,000/- (Rupees Ten Lakh
Thirty Thousand only). The Tribunal instead of saying that the
claimant is entitled for Enhanced Compensation of
Rs.10,30,000/- has wrongly hand written as Additional
Compensation. The same requires rectification. Accordingly, it
is rectified that the claimant is entitled for Enhanced
Compensation of Rs.10,30,000/- (Rupees Ten Lakh Thirty
Thousand only) from Rs.5,70,000/- (Rupees Five Lakh Seventy
Thousand only). Therefore, the Insurance Company is liable to
pay "Enhanced Compensation" of Rs.10,30,000/- (Rupees Ten
Lakh Thirty Thousand only).
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
per annum on the enhanced compensation amount from the
date of claim petition till realization.
6. Resultantly, the Miscellaneous First Appeal is
allowed. The Judgment dated:08.07.2015 passed by the
Tribunal in MVC No.6593/2006 is modified holding that the
Insurance Company is liable to pay Enhanced Compensation of
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Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only) with
interest at the rate of 6% per annum from the date of petition
till realization.
Sd/-
JUDGE
TKN
