Karnataka High Court
Reliance General Insurance vs Prajwal. M on 6 March, 2024
-1-
NC: 2024:KHC:9361
MFA No. 5447 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5447 OF 2017 (MV-I)
BETWEEN:
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, MYSURU TRADE CENTRE,
OPPOSITE KSRTC BUS STAND, MYSURU.
ALSO AT, RELIANCE GENERAL
INSURANCE COMPANY LTD.,
EAST WING, 5TH FLOOR, NO.28,
CENTENARY BUILDING, M.G. ROAD,
BENGALURU - 560 001.
NOW REPRESENTED BY MANAGER LEGAL.
...APPELLANT
(BY SRI. ASHOK N. PATIL, ADVOCATE)
Digitally AND:
signed by
SUVARNA T
1. PRAJWAL. M,
Location:
S/O T. MANJU,
HIGH
COURT OF AGED ABOUT 13 YEARS,
KARNATAKA R/O HOSA KURUBAGERI,
T. NARASIPURA TOWN,
MYSURU DISTRICT - 571 110.
SINCE APPELLANT IS MINOR
REPRESENTED BY GUARDIAN
FATHER T. MANJU,
2. SURESH BABU C,
S/O LATE CHIKKARAJU,
-2-
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MFA No. 5447 of 2017
AGED ABOUT 32 YEARS
R/O DANAYAKANAPURA VILLAGE,
KASABA HOBLI, T. NARASIPURA TALUK,
MYSURU DISTRICT - 571 110.
3. M. BABU,
S/O MOHAN,
AGED ABOUT 43 YEARS,
R/AT D/NO.21, 1ST MAIN ROAD,
MEDARA BLOCK NEW BAMBU BAZAAR,
MYSURU - 570 004.
...RESPONDENTS
(BY SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R1;
R2 - SERVED AND UNREPRESENTED;
VIDE ORDER DATED 21.11.2023 NOTICE TO R3 IS
DEEMED TO BE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 18.04.2017 PASSED IN MVC
NO.10/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, MACT TIRUMAKUDALU NARASIPURA, AWARDING
COMPENSATION OF RS.1,97,349/-WITH INTEREST AT THE
RATE OF 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the Award dated 18.04.2017 passed in
M.V.C.No.10/015 by the Senior Civil Judge and the Addl.
Motor Accidents Claims Tribunal, Tirumakudalu
Narasipura, the Insurance Company is before this Court.
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2. The claim petition is filed seeking compensation of
an amount of Rs.5,50,000/- towards injuries sustained by
the claimant in the Road Traffic Accident.
3. It is the case of the claimant before the Court
below that on 15.07.2014 at about 9.30 A.M., when the
claimant was going to his school along with the other
students on the left side of the road, near Vidyodaya
College Circle, the driver of the Tata India Car bearing
Reg.No.KA-04-C-0247 drove the same in a rash and
negligent manner and dashed to the claimant and caused
accident. In the said accident, the claimant sustained
severe injuries. The Court below on the liability has held
that the driver of the offending vehicle was holding a
license to drive LMV vehicle non transport and was driving
Tata Indica Car which is a transport vehicle. The Court
below has held that the Insurance Company is liable to
pay the compensation and granted an amount of
Rs.1,97,349/- as compensation with 9% interest per
annum.
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4. Learned counsel appearing for the Insurance
Company submits that the Court below without
appreciating the fact that, the driver is not having an
endorsement on his license to drive the transport vehicle.
But still, the Court below has held that the Insurance
Company is liable to pay the compensation. It is submitted
that the said findings of the Court below is contrary to the
Law. It is further submitted that when it comes to the
interest, it is submitted that Courts are consistently
granted 6% interest per annum whereas in this case the
Court below had granted 9% interest per annum.
5. Learned counsel appearing for the claimant
submits that the Court below had rightly held that the
Insurance Company is liable to pay the compensation and
no grounds are made out to seeking interference with the
well considered award passed by the Court below.
6. Having heard the learned counsel on either
side, perused the entire material on record. In this case,
first ground urged by the Insurance Company is with
NC: 2024:KHC:9361
regard to the driving license. There is dispute that the
claimant is having a valid driving license to drive a LMV-
non transport and he is driving a transport vehicle .
7. In the light of the law laid down by the Hon'ble
Supreme Court in the case of Mukund Dewangan V/s
Oriental Insurance company Ltd., (2017) 14 SCC
663, this issue is no more resintigra. In view of the same,
this Court finds no reason to interfere with the order
passed by the Court below and the Court below rightly
fastened the liability on the Insurance Company. Then
coming to the interest part, the learned counsel for the
respondent submitted that the rate of interest is to be
reduced from 9% per annum to 6% per annum. The
Courts are consistently granting the interest at 6% per
annum.
8. Accordingly, the appeal of the insurance
company is Partly Allowed and the rate of interest is
reduced from 9% per annum to 6% per annum.
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ORDER
i) The appeal of the insurance company is Partly
Allowed by reducing the rate of interest from
9% per annum to 6% per annum, from the date
of petition till the date of realization.
ii) The amount that is deposited by the Insurance
Company shall be transferred to the Court
below forthwith.
iii) Registry is directed to return the Trial Court
records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
SD/-
JUDGE
JS
CT: BHK
