The Karnataka High Court allowed the insurance company's第一 appeal in part, confirming the Tribunal's compensation quantum but reducing the interest rate from 8% to 6% per annum. The additional appeal pending with the court was disposed of.
Compensation quantum confirmed; interest rate reduced to 6% p.a.; appeal disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
M.F.A.NO.1287/2022 (MV)
BETWEEN:
THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO.LTD, 1ST FLOOR, MYSORE TRADE CENTRE OPPOSITE TO KSRTC BUS STAND MYSORE-570 001. REP. BY ITS MANAGER LEGAL NO.28, EAST WING 5TH FLOOR, CENTENARY BUILDING M.G.ROAD
BENGALURU-560 001.
… APPELLANT
(BY SRI D. VIJAYA KUMAR, ADVOCATE)
AND:
SINCE THE RESPONDENT NO.2 & 3 AR MINORS REP. BY HER MOTHER & NATURAL GUARDIAN RESPONDENT NO.1 SMT. PAVITHRA
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ALL ARE R/AT SIDAIAHNA KOPPALU VILLAGE KOTHATHI HOBLI, MANDYA TALUK & DISTRICT-571 478
...RESPONDENTS
(BY SMT. BHUSHANI KUMAR, ADVOCATE FOR C/R1 TO 4 V/O DATED 18.02.2022 NOTICE TO R5 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 04.12.2021 PASSED IN MVC.NO.2185/2019 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA AND TO PASS SUCH OTHER SUITABLE ORDER IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Though the matter is posted for admission, with the
consent of learned counsel for the parties, the same is taken up for final disposal.
This appeal is by the Insurance company challenging
the impugned judgment and award dated 04.12.2021 in
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MVC.No.2185/2019 on the file of Addl.Senior Civil Judge and CJM, Mandya, whereby the claimants' petition was allowed granting compensation in a sum of Rs.28,36,000/with interest at 8% p.a.
respondent Nos.1 to 4 submit that the tribunal has granted interest at the rate of 8% and both of them are agreeable for reducing the same to 6% and with this modification, the appeal may be disposed of.
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ORDER
Tribunal so far as quantum is concerned is
confirmed.
6% p.a. (instead of 8% as granted by the
Tribunal).
In view of disposal of appeal, I.A.No.1/2022 does not survive for consideration and the same is disposed of.
Registry is directed to transmit statutory deposit of
Rs.25,000/- made by the appellant to the Tribunal.
Sd/JUDGE
RR
2 issues framed by the court
Whether the insurance appeal should be allowed with modification regarding the rate of interest on the awarded compensation.
Whether the statutory deposit made by the appellant should be transmitted to the Tribunal following the disposal of the appeal.
THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO.LTD
SMT.PAVITHRA
DARSHAN S.S.
NETHRAVATHI S.S
SMT. LAKSHMAMMA
SRI VISHWANATH NAGARAJA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
