Karnataka High Court
M./S Shriram General Insurance Company ... vs Smt.Mamatha N W/O Late Kumarswamy M on 6 April, 2018
Bench: Chief Justice, Ravi Malimath
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6th DAY OF APRIL, 2018
PRESENT
THE HON'BLE MR. DINESH MAHESHWARI,
THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A.No.103010 OF 2015
CONNECTED WITH
M.F.A.No.103011 OF 2015 [MV]
IN M.F.A.No.103010 OF 2015
BETWEEN:
M./S SHRIRAM GENERAL INSURANCE
COMPANY LIMITED.,
BY ITS MANAGER, BELLARY,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
NO.5/4, 3RD FLOOR, S V ARCADE,
BELEKAHALLI MAIN ROAD,
OPP. BENNURUGHATTA ROAD,
IIMB POST, BENGALURU-560076. ... APPELLANT
(BY SRI S.K.KAYAKAMATH, ADVOCATE)
M.F.A.No.103010 OF 2015
CONNECTED WITH
M.F.A.No.103011 OF 2015 [MV]
2
AND:
1. MINOR KIRTHAN S/O LATE KUMARSWAMY,
AGE:7 YEARS, SINCE MINOR
REPRESENTED BY HIS MOTHER
MAMATHA W/O LATE KUMAR SWAMY
AGE:30 YEARS,
R/O:I.B. NO.22, VIDYAGIRI AT JSW,
THORANAGAL IN SANDUR TALUKA.
2. R M SANDEEP S/O RUDRAMUNI,
AGE:26 YEARS,
DRIVER OF THE MARUTHI SWIFT
CAR BEARING REGISTRATION NO.KA 35/M-8128,
R/O:NEAR S.B.M MAIN ROAD,
THORANAGALLU IN SANDUR TALUKA
OF BELLARY DISTRICT.
3. RAJESH R M S/O RUDRAMUNI,
AGE:27 YEARS,
OWNER OF THE MARUTHI SWIFT
CAR BEARING REGISTRATION NO.KA 35/M.1828,
R/O:NO.245,
NADIGARA KORACHARA ONI,
SHANKARALINGA HILL STORE,
THORANAGALLU IN SANDUR TALUKA. ..RESPONDENTS
(BY SRI Y.LAKSHMIKANT REDDY, ADVOCAT FOR R1,
SRI GURURAJ R.TURAMARI, ADVOCATE FOR R2 AND
R3,)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT & AWARD DATED:30.04.2015,
PASSED IN MVC.NO.488/2013 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL-XII, AT BELLARY, AWARDING THE
COMPENSATION OF RS.10,000/- WITH INTEREST AT THE RATE
OF 7% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT AND ETC.,
M.F.A.No.103010 OF 2015
CONNECTED WITH
M.F.A.No.103011 OF 2015 [MV]
3
IN M.F.A.NO.103011 OF 2015
BETWEEN
M./S SHRIRAM GENERAL INSURANCE
COMPANY LIMITED.,
BY ITS MANAGER, BELLARY,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
NO.5/4, 3RD FLOOR, S V ARCADE,
BELEKAHALLI MAIN ROAD,
OPP. BENNURUGHATTA ROAD,
BENGALURU-560076. .. APPELLANT
(BY SRI S K KAYAKAMATH, ADVOCATE)
AND
1. SMT.MAMATHA,
W/O LATE KUMARSWAMY,
AGE:30 YEARS,
R/O:I.B. NO.22,
VIDYAGIRI AT JSW,
THORANAGAL IN SANDUR TALUK.
2. R M SANDEEP S/O RUDRAMUNI,
AGE:26 YEARS,
DRIVER OF THE MARUTHI SWIFT
CAR BEARING REGISTRATION NO.KA 35/M-8128,
R/O:NEAR S.B.M MAIN ROAD,
THORANAGALLU, TALUK:SANDUR,
DISTRICT:BELLARY.
3. RAJESH R M S/O RUDRAMUNI,
AGE:27 YEARS,
OWNER OF THE MARUTHI SWIFT
CAR BEARING REGISTRATION NO.KA 35/M.1828,
R/O:NO.245,
M.F.A.No.103010 OF 2015
CONNECTED WITH
M.F.A.No.103011 OF 2015 [MV]
4
NADIGARA KORACHARA ONI,
SHANKARALINGA HILL STORE,
THORANAGALLU IN SANDUR TALUKA. ... RESPONDENTS
(By SRI Y.LAKSHMIKANT REDDY, ADVOCATE FOR R1,
SRI GURURAJ R.TURAMANI, ADVOCATE FOR R2 AND R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED 30.04.2015 PASSED IN
MVC NO.489/2013 ON THE FILE OF THE MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI, AWARDING THE
COMPENSATION OF RS.10,000/-WITH INTEREST AT THE RATE
OF 7% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
In these appeals, it is seen that the amount awarded is Rs.10,000/- in each of the claim case.
It has been pointed out that another appeal, being M.F.A.No.103009 of 2015 relating to M.V.C.No.487 of 2013 against the same award dated 30.04.2015 was considered and dismissed by a Single Judge of this Court on 14.03.2016 as being not maintainable.
Learned counsel for the appellant seeks to submit that he has filed the appeals for the amount in question being M.F.A.No.103010 OF 2015 CONNECTED WITH M.F.A.No.103011 OF 2015 [MV] 5 Rs.10,000/- and being not less than Rs.10,000/-. We need not go into these submissions for the simple reason that other appeal arising out of the same award for the same amount has already been dismissed by this Court. Secondly, the amount as awarded in the individual cases cannot be said to be too excessive so as to warrant interference in appeal.
These appeals accordingly stand dismissed. However, it is made clear that dismissal of these appeals shall be of no bearing on the issues sought to be raised in the other appeal, being M.F.A.No.103008 of 2015 as filed by the Insurer in relation to the same award dated 30.04.2015 but pertaining to M.V.C.No.1/2013.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Jm/-