Divisional Manager Vs Sri Swamy R

THROUGH ITS REGIONAL OFFICE, 5^TH & 6^TH FLOORS, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560 001, REP BY ITS MANAGER MR. ADISESH T.N

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… APPELLANT

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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(BY SRI. KRISHNA KISHORE S., ADVOCATE)

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AND:

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SRI SWAMY R S/O SRI RAJAPPA, AGED ABOUT 32 YEARS, BARAGI VILLAGE, CARE OF MALLESH, HALAGAMULE VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGARA DISTRICT

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2 - NC: 2025:KHC:36534 MFA No. 3888 of 2019

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HC-KAR

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SRI SITHARAJ

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S/O PASUVAMMA, R/O NO.15, PANCHAYATHU COLONY, DEVARSHLAI, GUDALUR, NILAGIRI DISTRICT, TAMILNADU STATE (OWNER OF JEEP NO.TN-43-3479)

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… RESPONDENTS

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(BY SRI. K.M. SANATH KUMARA., ADVOCATE FOR R1; R2 - SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.18 PASSED IN MVC NO. 58/11 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, [SITTING AT KOLLEGAL] & MACT, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.96,580/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MFA COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 15.12.2018 passed in MVC No.58/2011, by the Additional District and Sessions Judge at Chamarajanagar (Sitting at Kollegal) and MACT.

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3 - NC: 2025:KHC:36534 MFA No. 3888 of 2019

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HC-KAR

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Heard the arguments of learned counsel for the

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appellant.

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It is the case of injury. The claimant filed an application claiming compensation of Rs.11,30,000/- along with interest at 18% per annum. The Tribunal considering the entire evidence on record, granted global compensation of Rs.96,580/- along with interest at 6% per annum from the date of petition till the date of realization. The Tribunal directed the 2^nd respondent - Insurance Company to deposit said amount. Aggrieved by the said order, the Insurance Company has preferred this appeal.

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Learned counsel for the appellant relies on the judgment in a connected matter relating to the same accident in M.V.C.No.59/2011 wherein the Insurance Company is exonerated from liability to pay the award amount. Accordingly, it is submitted that since the accident was occurred on 10.02.2011 and the policy

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4 -

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NC: 2025:KHC:36534 MFA No. 3888 of 2019

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HC-KAR

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coverage was from 12.02.2011 till 11.02.2012, the policy was not in existence as on the date of accident.

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Though the Insurance company had produced the copy of the order in M.V.C.No.59/2011, the said order was not considered by the Tribunal and the liability to pay the amount was fastened on the Insurance Company. Therefore, this Court finds it just and necessary to exonerate the Insurance Company from paying the liability as the Policy was not in existence as on the date of accident and direct respondent No.2 to deposit the compensation amount.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed .

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ii. Respondent No.2 is directed to deposit the compensation amount awarded by the Tribunal at Rs.96,580/- along with interest at 6% per annum from the date of petition

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