The Branch Manager vs Sri P Srinivas
2024 Latest Caselaw 27314 Kant

Karnataka High Court

The Branch Manager vs Sri P Srinivas on 13 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                         -1-
                                                     NC: 2024:KHC:46082
                                                  MFA No. 3890 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                  MISCELLANEOUS FIRST APPEAL NO. 3890 OF 2019
                                      (MV-DM)
             BETWEEN:

             1.    THE BRANCH MANAGER
                   NATIONAL INSURANCE COMPANY LTD,
                   NO.32-C, SWATHI,
                   I FLOOR, II MAIN,
                   AMARJYOTHI LAYOUT,
                   SANJAYANAGAR,
                   BENGALURU 560094.

                   THROUGH ITS REGIONAL OFFICE,
                   NATIONAL INSURANCE COMPANY LTD,
                   # 144, SUBHARAM COMPLEX,
                   M.G.ROAD, BENGALURU 560001.
                   REP BY ITS ADM. OFFICER SMT C.K.PARIMALA
                                                              ...APPELLANT
Digitally
             (BY SRI. ANUP SEETHA RAM RAO., ADVOCATE)
signed by
KIRAN
KUMAR R      AND:
Location:
HIGH COURT
OF           1.    SRI P SRINIVAS
KARNATAKA
                   AGED ABOUT 65 YEARS,
                   S/O LATE PAPIAH,
                   R/AT NO.20/1, I MAIN ROAD,
                   B.K.NAGAR, YESHWANTHAPURA,
                   BENGALURU 560022.

             2.    SRI KIRAN L
                   AGED ABOUT 31 YEARS,
                   S/O SRI LAKSHMIKANTHA,
                   NO.177, LAKSHMIPURA MAIN ROAD,
                   SIDDANAHOSAHALLI,
                                 -2-
                                               NC: 2024:KHC:46082
                                            MFA No. 3890 of 2019




     DASANAPURA HOBLI,
     BENGALURU NORTH,
     (RC OWNER OF RANGE ROVER CAR NO.
     KA.51-Z-8056)
                                                    ...RESPONDENTS
(BY SRI. GIRIMALLAIAH., ADVOCATE FOR R-1;
    R-2 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 02.03.2019
PASSED IN MVC NO. 6218/2017 ON THE FILE OF THE VIII
ADDITIONAL SCJ & XXXIII ACMM, MEMBER, MACT,
BENGALURU AWARDING COMPENSATION OF RS.66,000/- WITH
INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE
DATE OF REALIZATION.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE N S SANJAY GOWDA


                       ORAL JUDGMENT

1. The insurer is in appeal challenging the award of

Rs.66,000/- granted to the claimant towards damages that his

car suffered as a result of the accident.

2. The Tribunal has proceeded to come to the conclusion

that as per Ex.P8, due to the accident the claimant's vehicle

was badly damaged on rear side and he has spent Rs.31,000/-

to get the same repaired. The Tribunal has also come to the

conclusion that the claimant being a practicing advocate, did

not have the possibility of using his car for about a month and

NC: 2024:KHC:46082

it has proceeded to award a sum of Rs.15,000/- towards the

pecuniary loss suffered due to inconvenience for non-

availability of the car for a period of one month, Rs.10,000/-

towards incidental expenses and Rs.10,000/- towards mental

shock and physical pain.

3. In my view, having regard to the totality of

circumstances, the award of Rs.66,000/- by the Tribunal is not

so exorbitant, so as to warrant interference in appeal. However,

the award of interest at the rate of 9% p.a. is reduced to 6%

p.a.

4. The amount in deposit, if any, shall be transferred to the

Tribunal.

The appeal is accordingly disposed of.

Sd/-

(N S SANJAY GOWDA) JUDGE