Appeal against civil tribunal award in motor accident case. Court held compensation quantum was reasonable but reduced interest rate from 8% to 6% per annum.
Appeal allowed in part by reducing interest on compensation from 8% to 6% per annum.
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.
NC: 2023:KHC:46217 MFA No. 4484 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4484 OF 2019
(MV-I)
BETWEEN:
THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD, BRANCH OFFICE,
BANNERGUGATTA ROAD, BILAKALAHALLI MAIN ROAD, IMI POST, BANGALORE 76
…APPELLANT
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
(BY SRI. B. PRADEEP.,ADVOCATE)
AND:
NC: 2023:KHC:46217 MFA No. 4484 of 2019
RC OWNER OF ASHOK LEYLAND (DOST LS)LGV, BEARING REG NO. KA-16-C-4315, R/O. NAYAKANAHATTY, CHALLAKERE TALUK, CHITRADURGA DIST
…RESPONDENTS
(BY SRI.GIRISH B.MANGONNONEVER.,ADVOCATE FOR; SRI. B. PRAMOD., ADVOCATE FOR R1; R2 - SERVEDA AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED06/02/2019, PASSED IN MVC NO.389/2018, ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, AWARDING COMPENSATION OF RS.3,96,484/- WITH INTEREST AT THE RATE OF 8% P.A., FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC.No.389/2018 dated 06.02.2019 on the file of the 1st Addl. Senior Civil Judge & Addl. MACT, Chitradurga, the insurance company
is before this court questioning the quantum of
compensation.
the injuries sustained by the claimant, wherein the Tribunal had awarded the compensation of an amount of Rs.3,96,484/- with 8% interest. According to the claimant
as per the wound certificate he had sustained following injuries:-
According to the doctor, he had sustained to 32% disability to the left leg and court below had taken 10% disability. When it comes to income, according to the claimant, he is earning an amount of Rs.20,000/- per month and the court had taken Rs.8,000/- per month and added 40% future prospects and granted compensation.
Company submits that the court below ought not to have granted the future prospects and the compensation that was awarded by the Tribunal was on the higher side. It is submitted that the interest is granted at 8% which is also on the higher side.
2018, even as per the chart it is Rs.12,500/-. The court below had granted 40% future prospects and granted the compensation. If the calculation has to be revisited the court has to take income also into consideration, the income was also on the lower side. Hence, in that view of the matter, this court finds that the compensation that was awarded by the Tribunal was just and reasonable and no grounds are made out for interference. But as far as interest part is concerned the court below had granted interest at 8%, the same is reduced to 6% on the entire compensation amount.
6. Accordingly, the appeal filed by the Insurance
Company is Allowed-in-part by reducing the interest on the compensation from 8% to 6%.
NC: 2023:KHC:46217 MFA No. 4484 of 2019
the certified copy of the order passed by this court forthwith without any delay.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/JUDGE
TS
List No.: 1 Sl No.: 79
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal is just and reasonable given the claimant's income and disabilities.
Whether the rate of interest at 8% p.a. granted by the Tribunal is appropriate or should be reduced.
1 provisions across 1 enactments
THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD
BASAVARAJA M S/O. MUNIYAPPA
ZAKIR HUSSIN S/O. HOONUR SAB
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
