Sri S Jagadeesan Vs Smt Shanthamma

SMT SHANTHAMMA W/O LATE M.S. NARAYANASWAMY AGED ABOUT 45 YEARS, RESIDING AT NO. 347, Y.S. ADINARAYANA COLONY, SUBRAMANYAPURA, UTTARAHALLI HOBLI, BANGALORE-560 0610

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SRI MARAPPA N.S S/O LATE M.S. NARAYANASWAMY AGED ABOUT 25 YEARS RESIDING AT NO. 347, Y.S. ADINARAYANA COLONY, SUBRAMANYAPURA, UTTARAHALLI HOBLI, BANGALORE-560 061

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ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED REGIONAL OFFICE NO. 89, 2ND FLOOR, S.V.R. COMPLEX, HOSUR MAIN ROAD, MADIVALA, BANGALORE-560 068.

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DADAPHEER S/O ZABIULLA, AGED ABOUT 41 YEARS, NO. 236, 2ND BLOCK,

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MCCB BLOCK, DAVANGERE. … RESPONDENTS

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(BY SRI. Y K SHESHAGIRI RAO, ADVOCATE FOR R1 & R2 SRI. B. PRADEEP, ADVOCATE FOR R3 R4 IS DELETED V/O DTD 02.01.2024)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2014 PASSED IN MVC NO.4831/2011 ON THE FILE OF THE VIII ADDITIONAL SCJ & XXXIII ACMM, MEMBER-MACT, BANGALORE, AWARDING COMPENSATION OF RS.5,16,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION AND ETC.

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IN MFA NO. 150/2015

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BETWEEN:

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SRI S JAGADEESAN S/O LATE SUBRAMANYAM, AGED ABOUT 48 YEARS, RESIDING AT NO.40, 2ND MAIN, K.G.S. LAYOUT, VIJAYANAGAR, BANGALORE-560 040 … APPELLANT

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(BY SRI. ARAVIND BABU J, ADVOCATE)

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AND:

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SRI MARAPPA N S S/O LATE M.S.NARAYANASWAMY, AGED ABOUT 25 YEARS, RESIDING AT NO.347, Y.S.ADINARAYANA COLONY, SUBRAMANYAPURA,

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UTTARAHALLI HOBLI,

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BANGALORE-560061.

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ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, NO.89, 2ND FLOOR, S.V.R. COMPLEX, HOSUR MAIN ROAD, MADIVALA, BANGALORE-560 068.

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DADAPHEER S/O ZABIULLA, AGED ABOUT 42 YEARS, NO.236, 2ND BLOCK, MCCB BLOCK, DAVANAGERE. … RESPONDENTS

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(BY SRI. Y K SHESHAGIRI, ADVOCATE FOR R1 SRI. B. PRADEEP, ADVOCATE FOR R2 R3 IS DELETED V/O DTD 02.01.2024)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.7.2014 PASSED IN MVC NO.4830/2011 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER-MACT, BANGALORE, AWARDING A COMPENSATION OF RS.1,15,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION AND ETC.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

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Learned counsel for the appellant in both cases submits

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memo of calculation and undertaking that the appellant is ready to deposit the amount as admitted in the said memo of calculation.

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Learned counsel for respondents (claimants) in both

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the appeals submits that accepting the memo, award may be passed accordingly.

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These two appeals arise out of the common judgment and award passed by the VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH – 5), Bengaluru in MVC Nos.4830/2011 and 4831/2011. MFA No.149/2015 arises out of MVC No.4831/2011 and MFA No.150/2015 arises out of MVC No.4830/2011. The claimants in MVC No.4831/2011 are the legal representatives of deceased Shivakumar. The claimant in MVC No.4830/2011 is the injured.

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Deceased Shivakumar and Marappa N.S. the claimant in MVC No.4830/2011 are the brothers. On 19.04.2011 at about 10.30/11.00 p.m., when they were traveling in Indica car bearing Registration No.KA 02 AB 1006, the said car met with an accident near Vajramuneshwara Gate, Thalagattapura, Bengaluru. In the accident, Shivakumar and Marappa suffered injuries. Shivakumar succumbed to the injuries. Shanthamma-the mother of Shivakumar and Marappa filed petition in MVC No.4831/2011 claiming compensation for the death of Shivakumar. Marappa filed MVC No.4830/2011

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claiming compensation for the injuries suffered by him in the accident. They contended that the accident occurred due to the actionable negligence on the part of the driver of the Indica Car bearing Registration No.KA 02 AB 1006. They further contended that respondent Nos.1, 2 and 3 being the registered owner, insurer and driver of the car in question respectively, are liable to pay the compensation claimed by them.

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The Tribunal on recording the evidence and on

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hearing the parties, allowed MVC No.4831/2011 in part awarding compensation of Rs.5,16,000/- to claimant No.1 alone and petition of claimant No.2 was dismissed. Further, the Tribunal awarded compensation of Rs.1,15,000/- in MVC No.4830/2011 to the claimant - Marappa for the injuries suffered by him. The Tribunal dismissed the petition against respondent Nos.2 and 3 in both the cases and held that there was breach of policy conditions and saddled the liability on respondent No.1 – the owner of the car to pay the compensation with interest @ 8% per annum.

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Before this Court, learned counsel for appellant

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submitted that he is ready to deposit the award with 5% interest throughout. He filed a memo of calculation

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accordingly in both cases. Learned counsel for respondents-

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claimants agreed to pass the award accordingly. The amount

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agreed as per the said memo of calculation submitted by the appellant in both the appeals and accepted by the respondents’

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counsel are as follows:

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IN MFA No.149/2015 (MVC No.4831/2011)

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Sl. No.	Particulars	Amount
1	Award amount	`5,16,000.00
2	Interest at 5% p.a. from 19.08.2011 till 23.01.2025	`3,46,150.00
	Total	`8,62,150.00
3	Amount deposited before this Hon’ble Court with interest	`6,40,221.00
	Balance payable	`2,21,929.00

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IN MFA No.150/2015 (MVC No.4830/2011)

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Sl. No.	Particulars	Amount
1	Award amount	`1,15,000.00
2	Interest at 5% p.a. from 19.08.2011 till 23.01.2025	`77,146.00
	Total	`1,92,146.00
3	Amount deposited before this Hon’ble Court with interest	`25,000.00
	Balance payable	`1,67,146.00

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In view of the submissions of both the parties and

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the memo of calculations, the above appeals are partly allowed by modifying the awards on both the cases accordingly. Learned counsel for the appellant undertakes that the agreed amount to be deposited within ten days before the Tribunal. Hence, the following

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ORDER

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