Dismissed

M/S Oriental Insurance Company Limited v. Mr Chandashekar T M

Karnataka HC9 Jun 2021MFA/2708/2013

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed an appeal filed by an insurance company against a compensation award of Rs. 25,000. The court held the driver possessed a valid license and found no basis to reduce the awarded interest rate from 8% to 6% per annum.

What did the court decide?

The appeal is dismissed; the amount in deposit, if any, is ordered to be transmitted to the Tribunal.

M/S Oriental Insurance Company Limited Vs Mr Chandashekar T M — Insurance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JUNE, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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M.F.A.NO.2708/2013 (MV)

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BETWEEN:

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1 . M/s. ORIENTAL INSURANCE COMPANY LIMITED NO.401/2, SWASTIK MANANDI ARCADE S.C.ROAD, SESHADRIPURAM, BENGALURU NOW REPRESENTED BY ITS REGIONAL OFFICE, NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560 025 REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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… APPELLANT

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(BY SRI A.M.VENKATESH, ADVOCATE)

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AND:

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1 . MR. CHANDRASHEKAR T.M. S/O. LATE.MAHADEV T.K. AGED ABOUT 35 YEARS R/AT THOTIGERE RAILWAY GOLLAHALLI POST DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU

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2 . E. THIPPAREDDY S/O.E.RAJAREDDY MAJOR IN AGE R/AT NO.28, II MAIN SAIBABA NAGAR

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SRIRAMPURAM BENGALURU-560 021

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… RESPONDENTS

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(BY SRI S.G.LOKESH, ADVOCATE FOR R1; VIDE COURT ORDER DATED 09.06.2017 SERVICE OF NOTICE TO R2, WAS HELD SUFFICIENT)

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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2012 PASSED IN MVC.NO.7212/2010 ON THE FILE OF XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, METROPOLITAN AREA, XLI ACMM, BENGALURU (SCCH NO.17), AWARDING A COMPENSATION OF Rs.25,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALISATION.

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THIS M.F.A. COMING ON FOR ADMISSION THROUGH ‘VIDEO CONFERENCE’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Though this appeal is listed for admission today, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

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This appeal is filed by the appellant/Insurance

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Company challenging the judgment and award dated 29.09.2012 passed in M.V.C.No.7212/2010 on the file of Motor Accident

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Claims Tribunal, Bengaluru (SCCH No.17) (‘the Tribunal’ for short) questioning the liability on the Insurance Company.

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The parties are referred to as per their original ranking before the Tribunal in order to avoid the confusion and for the convenience of the Court.

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The factual matrix of the case is that, on 30.07.2010 at about 7:30 p.m, when the petitioner was riding the motorcycle bearing registration No.KA-04-ES-718 at Hesaraghatta road near Dwarakanagar cross at Chikkabanavara in a slow an cautious manner, at that time, a lorry bearing registration No.CAA-5187, driven in a rash and negligent manner with high speed by its driver and dashed against him. As a result, he sustained grievous injuries. Hence, he has filed the claim petition.

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The claimant in order to substantiate his claim, he examined himself as P.W.1 and got marked the documents as Exs.P1 to P7. The Insurance Company has examined its official witness as RW.1 and got marked the documents as Exs.R1 and R2.

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The Tribunal, after considering both oral and documentary evidence and on appreciation of the material available on record, allowed the claim petition partly granting the compensation of Rs.25,000/- and fastened the liability on the Insurance Company. In the present appeal, the Insurance Company has contended that the Tribunal ought to have considered the interest at 6% per annum and committed an error in granting the interest at 8% per annum from the date of petition till its realization.

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Learned counsel for the appellant/Insurance Company would vehemently contend that the officer of the company was examined as RW.1 and also the document produced in support of defense and in spite of the Tribunal has committed an error in fastening the liability on the Insurance Company in coming to the conclusion that a driver was holding a valid and effective driving license and the same is erroneous.

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Having considered Ex.R1-Driving Licence Extract, it clearly discloses that he was having the driving licenceTransport, TRV Rigid Chasi and the vehicle involved in the accident is a Lorry and when the driver is having the valid

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driving licence to drive the Heavy Goods Vehicle, the very contention of the Insurance Company cannot be accepted that the driver was not having a driving licence to drive the Lorry. Hence, the appeal is devoid of merits.

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The other contention of the Insurance Company is that the Tribunal has awarded 8% interest per annum, the same appears to be on higher side. Hence, the rate of interest has to be reduced to 6% per annum.

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Having taken note of the fact that the accident was taken place in the year 2010 and the claim petition was disposed of in the year 2012 and the Tribunal awarded interest at the rate of 8% per annum. Hence, I do not find any force in the contention of the Insurance Company with regard to reducing the rate of interest. The compensation awarded was only Rs.25,000/-. Hence, on both the grounds, the appeal fails.

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In view of the discussions made above, I pass the following:

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ORDER

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(i) The appeal is dismissed.

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(ii) The amount in deposit, if any, is ordered to be transmitted to the concerned Tribunal, forthwith.

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Sd/JUDGE

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cp*

M/S Oriental Insurance Company Limited v. Mr Chandashekar T M

Case brief

What is this about?

What did the court decide?

M/S Oriental Insurance Company Limited v. Mr Chandashekar T M

Case brief

What is this about?

What did the court decide?

What the court decided

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