Partly allowed

National Insurance Co. Ltd., v. Mr. Mohammed Kaleem @

Karnataka HC2 Jun 2022MFA/1566/2018

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Claims appeal in part, modifying the Tribunal's interest rate from 9% to 6% per annum while affirming the principal compensation amount of Rs. 5,10,000 for the death of a minor child in a rash and negligent driving case.

What did the court decide?

Interest rate reduced from 9% to 6% p.a.; Insurance Company directed to deposit Rs. 5,10,000 with 6% interest within six weeks.

National Insurance Co. Ltd., Vs Mr. Mohammed Kaleem @ — Insurance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE 2022

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BEFORE

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THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD

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MFA No.1566 OF 2018(MV)

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BETWEEN:

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NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, #144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE – 560 001. REP BY ITS ASSISTANT MANAGER, SMT. SANDHYA. (BY SRI. SEETHARAMA RAO.B, ADVOCATE)

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…APPELLANT

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AND:

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MR. MOHAMMED KALEEM @ MOHAMMED KALEEM DAFEDAR, AGED ABOUT 40 YEARS, S/O MR.M.I.DAFEDAR,

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SMT.HIDAYATH BANU, AGED ABOUT 35 YEARS, W/O SRI. MOHAMMED KALEEM @ MOHAMMED KALEEM DAFEDAR.

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BOTH ARE RESIDING AT NO.24, 21, 1^ST B CROSS, PRAGATHI LAYOUT, DODDANEKKUNDI, BANGALORE – 560 037.

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MR.PERIA RAVIKRISHNA, MAJOR IN AGE,

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S/O KAMARAJU PERLA, RESIDING AT FLAT NO.D-801, KEERTHI GARDENIA, THUBARAHALLI, BANGALORE – 560 037.

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…RESPONDENTS

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(BY SRI.K.T.GURUDEVA PRASAD, ADVOCATE FOR R1 & R2;

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NOTICE TO R3 IS SERVED BUT UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED 08.11.2017 PASSED IN MVC NO.7314/2016 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MAYO HALL UNIT, BANGALORE (SCCH-19), INCHARGE XV ADDITIONAL SMALL CAUSES JUDGE, & XXIII ACMM, AWARDING COMPENSATION OF RS.5,10,000/WITH INTEREST @9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) has been filed by the Insurance Company being aggrieved by the judgment dated 08.11.2017 passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.7314/2016.

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2. Facts giving rise to the filing of the appeal

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briefly stated are that on 06.10.2016 at about 11.30 A.M. the deceased was crossing the Mahadevapura

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Ring Road, Service Road slowly and cautiously by observing traffic rules, Near Samsung Building, Doddanakundi, Bengaluru City. At that time, the driver of the Car bearing Registration No.KA-03-MY7571 drove the same in a rash and negligent manner, without following any traffic rules, in high speed and dashed to the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries.

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The claimants filed a petition under Section

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166 of the Act seeking compensation for the death of the deceased along with interest.

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On service of summons, the respondent

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Nos.1 and 2 have appeared through counsel and filed

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written statement in which the averments made in the

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petition were denied. Hence, he sought for dismissal of the petition.

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On the basis of the pleadings of the parties,

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the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimants, in order to prove their case, examined claimant No.1 as PW-1 and got exhibited documents namely Ex.P1 to Ex.P15. On behalf of respondents, one witness was examined as RW-1 and no document was exhibited. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimants are entitled to a compensation of Rs.5,10,000/- along with interest at the rate of 9% p.a. and directed the Insurance Company to deposit

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the compensation amount along with interest. Being aggrieved, this appeal has been filed by the Insurance Company.

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Sri B. C. Seetharama Rao, learned counsel

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for the Insurance Company has contended that since the deceased was a minor boy aged about 4 years and a non-earning member of the family, considering the age of the deceased, the overall compensation awarded by the Tribunal is on higher side.

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He further contended that in view of judgment of the Division Bench of this Court in the case of MS.JOYEETA BOSE AND OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the claimants are entitled for 6% interest but the Tribunal has granted 9% interest is on the higher side. Hence, he sought for allowing the appeal filed by the Insurance Company.

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7. Per contra, Sri K. T. Gurudeva Prasad,

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learned counsel for the claimants has contended that the Tribunal considering the material available on record and referring the judgment of the Hon’ble Apex Court in the case of KISHAN GOPAL AND ANOTHER – V- LALA AND OTHERS (2013 AIR SCW 5037) , has awarded just and reasonable compensation. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties

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and perused the records.

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It is not in dispute that Mohammed Junaid

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died in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver.

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The only ground which has challenged by the Insurance Company is regarding interest. At the time of the accident, the deceased was a minor and was

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aged about 4 years. In the similar circumstances, the Hon’ble Apex Court in the case of ‘ KISHAN GOPAL’ (supra) wherein for a deceased boy aged about 10 years, annual income of the deceased was taken at Rs.30,000/- and applying multiplier based on the age of the mother of the deceased, total compensation of Rs.5,00,000/- has been awarded. Considering the same, the Tribunal has granted just and reasonable compensation.

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In respect of the interest is concerned, as per the judgment of the Division Bench of this Court in the case of ‘ MS.JOYEETA BOSE’ (supra), the claimants are entitled for 6% interest but the Tribunal has granted 9% interest is on the higher side. In view of the same, the interest awarded by the Tribunal @ 9% is scale down to 6%.

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In the result, the appeal is allowed in part . The judgment of the Claims Tribunal is modified.

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The Insurance Company is directed to deposit the compensation of Rs.5,10,000/along with interest at 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.

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The amount in deposit shall be transmitted to the Tribunal.

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Sd/JUDGE

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HA/-

National Insurance Co. Ltd., v. Mr. Mohammed Kaleem @

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd., v. Mr. Mohammed Kaleem @

Case brief

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What did the court decide?

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