Smt G M Shobha Vs Sri G T Mangala Murthy

SRI G T MANGALA MURTHY S/O THIPPERUDRAPPA, AGED ABOUT 74 YEARS, R/AT NO.3, BEML 3RD STAGE, CHANDRASHEKARA STREET, RAJAJESHWARINAGAR, BANGALORE 560 098

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THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS MANAGER, OFFICE AT NO. 2B, UNITY BUILDINGS ANNEXE, P KALINGA RAO ROAD, BANGALORE- 560 027

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…RESPONDENTS

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(BY SMT.LATHA PRASAD., ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED)

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2 -

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NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2019 PASSED IN MVC NO.882/2010 ON THE FILE OF THE MEMBER, PRINCIPAL M.A.C.T., AND CHIEF JUDGE, COURT OF SMALL CAUSES BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimant challenging the judgment and award dated 05^th August 2019, passed by the Member, Principal M.A.C.T., and Chief Judge, Court of Small Causes Bengaluru, (for short `Tribunal'), in MVC No.882/2010, seeking enhancement of compensation.

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Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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3 - NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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The brief facts of the case are that, on 08.06.2009, the petitioner was traveling in a car bearing registration No.KA-05/N-2971 along with her husband. The driver of the car was driving the vehicle in a rash and negligent manner. As a result, it met with an accident and petitioner sustained grievous injuries. Due to injuries sustained in the accident, she has suffered permanent disability. With these reasons, she prayed to award compensation.

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Respondent No.1 is the owner and respondent No.2 is insurer of the vehicle. Respondent No.2 in its written statement denied the contents of the claim petition and denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

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From the rival contentions of the parties, the

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Tribunal framed necessary issues.

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The claimant to prove his case examined one witness as PW-1 and marked 10 documents, as per Exs.P-

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NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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1 to P-10. Respondents examined three witnesses as RW-

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1 to RW-3 and marked documents as Exs.R-1 to R-14.

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The Tribunal after hearing both the parties, held

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that the accident occurred due to rash and negligent driving of the car by its driver and awarded following amount of compensation:

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Particulars	Amount in Rs.
Pain and suffering	50,000/-
Medical expenses	50,000/-
Attendant charges, conveyance expenses and miscellaneous expenses	10,000/-
Loss of income during the period of treatment	30,000/-
Loss of amenities in life	40,000/-
Total	1,80,000/-

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The Tribunal has awarded interest at the rate of

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6% per annum from 25.04.2019 till its realization.

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5 - NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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Learned counsel for the appellant submits that the amount of compensation awarded by the Tribunal is on the lower side. Therefore, prayed to enhance the same.

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Appellant further vehemently contends that the petition was filed during the year 2010. Earlier, this petition was dismissed by the Tribunal and the said order of dismissal was challenged before this Court in MFA No.2444/2012. This Court, after hearing the parties, allowed the said appeal by judgment and order dated 06.03.2019 and the matter was remanded to the Tribunal for fresh consideration. Thereafter, the Tribunal reheard the matter and by the impugned judgment, awarded the compensation. The Tribunal without any reasons, denied the interest for the period from the date of filing of the petition till 25.04.2019. The said finding is highly erroneous. Hence, prayed to award the interest from the date of petition till its realization.

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NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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Learned counsel for respondent No.2 submits

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that the impugned order is just and proper and it does not call for any interference by this Court.

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The Tribunal accepted the injuries sustained by the claimant. The claimant has not examined the treated doctor to prove the permanent disability. The claimant is said to be a homemaker, therefore, her notional income

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was taken as Rs.5,000/- p.m., which is just and reasonable. The amount of compensation awarded on the basis of the materials placed on record is also just and reasonable and it does not call for any interference.

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It is rightly submitted by the learned counsel

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for the appellant that, without assigning any reason, the Tribunal has awarded interest only from 25.04.2019. Undisputedly, the claim petition was filed during the year 2010 and the said petition was earlier dismissed by the Tribunal and it was challenged before this Court in MFA No.2444/2012. This Court by order dated 06.03.2019,

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7 - NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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allowed the said appeal and remanded the matter for reconsideration. The Tribunal thereafter reconsidered the case and allowed the claim petition and awarded the compensation by the impugned judgment and award. Therefore, the appellant was not at fault to deny the interest from the date of claim petition. The Tribunal ought to have awarded the interest from the date of the claim petition instead of 25.04.2019. (The learned counsel for the appellant submits that the order passed by this Court in MFA No.2444/2012, no such condition was imposed by this Court regarding the interest). In view of the same, denial of the interest by the Tribunal for the period from 25.04.2019 is erroneous and requires modification.

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In the result, I proceed to pass the following:

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ORDER

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i) The Appeal is allowed in part .

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ii) The judgment and award dated 05^th August 2019, passed in MVC.No.882/2010, by the M ember, Principal M.A.C.T., and Chief

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8 - NC: 2025:KHC:39846 MFA No. 474 of 2020

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HC-KAR

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Judge, Court of Small Causes Bengaluru, stands modified.

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iii) The claimant is entitled to interest at the rate of 6% per annum on the amount of compensation awarded by the Tribunal, from the date of claim petition till its realization.

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iv) The respondent No.2 - Insurance Company shall deposit the amount of interest within a period of six weeks from the date of award.

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v) The remaining portion of the award regarding release and deposit are not disturbed.

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vi) Draw award accordingly.

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Sd/(UMESH M ADIGA) JUDGE

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AMA List No.: 1 Sl No.: 24

Smt G M Shobha v. Sri G T Mangala Murthy

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Smt G M Shobha v. Sri G T Mangala Murthy

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