United India Insurance Co Ltd vs Smt V L Srimathi on 23 July, 2014

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Karnataka High Court

United India Insurance Co Ltd vs Smt V L Srimathi on 23 July, 2014

Bench: N.Ananda

                             1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 23RD DAY OF JULY 2014

                         BEFORE

           THE HON'BLE MR.JUSTICE N.ANANDA

       M.F.A.No.5736/2012 C/W MFA 5737/2012(MV)

MFA NO 5736/ 2012

BETWEEN

UNITED INDIA INSURANCE CO LTD
ROOM NO.7 & 8, 1ST FLOOR, SRIDEVI COMPLEX,
TILAK ROAD, TIRUPATHI- 517 501.
THROUGH ITS REGIONAL OFFICE
KRISHI BHAVAN, 5TH & 6TH FLOOR,
NRUPATHUNGA ROAD,
BANGALORE-560 009.
REP. BY ITS MANAGER P.NAVAMANY
                                             APPELLANT
(By Sri: S KRISHNA KISHORE. ADV)

AND

1.    SMT V L SRIMATHI
      AGED ABOUT 34 YEARS,
      W/O. NARASIMHAMURTHY R,
      R/O CHINTAKAYALA VEEDHI,
       TIRUPATHI TOWN (A.P.)
       NOW AT: N.R.EXTENSION,
       CHINTHAMANI TOWN,
      CHICKBALLAPUR DIST-567201

2.    SMT.V. SANGEETHA LAKSHMI,
      MAJOR, W/O V.K.SURESH KUMAR
      NO. 6, SRINAGAR COLONY,
      PALAMANER, CHITTOR DIST.,
      ANDHRA PRADESH-517 408
                              2




3.    SRI. R. NARASIMHAMURTHY
      AGED ABOUT 40 YEARS,
      S/O RAMASHARMA,
      R/A N.R.EXTENSION,
      CHINTHAMANI TOWN,
      CHICKBALLAPUR DIST-567 201.
      (DRIVER OF MARUTI VAN NO. AP-21-L-8561)
                                         ... RESPONDENTS

(By Sri: M T NANAIAH. SENIOR COUNSEL FOR R1;
         R2 NOTICE D/W V/O DATED 27/6/14 R3- SERVED)

     THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:8.3.2012 PASSED IN MVC
NO.20/2011 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC,
MACT, CHINTHAMANI, AWARDING COMPENSATION WITH
INTEREST & ETC.

MFA NO.5737/2012

BETWEEN

UNITED INDIA INSURANCE CO LTD
ROOM NO.7 & 8, 1ST FLOOR, SRIDEVI COMPLEX,
TILAK ROAD, TIRUPATHI- 517 501.
THROUGH ITS REGIONAL OFFICE
KRISHI BHAVAN, 5TH & 6TH FLOOR,
NRUPATHUNGA ROAD,
BANGALORE-560 009.
REP. BY ITS MANAGER P.NAVAMANY         ..    APPELLANT

(By Sri: S KRISHNA KISHORE. ADV)

AND

1.    SMT V L SRIMATHI
      AGED ABOUT 34 YEARS,
      W/O. NARASIMHAMURTHY R,
      R/O CHINTAKAYALA VEEDHI,
      TIRUPATHI TOWN, (AP)-517501
       NOW AT: N.R.EXTENSION,
      CHINTHAMANI TOWN,
      CHICKBALLAPUR DIST-567201
                               3




2.   SMT.V. SANGEETHA LAKSHMI,
     MAJOR, W/O V.K.SURESH KUMAR
     NO. 6, SRINAGAR COLONY,
     PALAMANER, CHITTOR DIST.,
     ANDHRA PRADESH-517 402.

3.   SRI. R. NARASIMHAMURTHY
     AGED ABOUT 40 YEARS,
     S/O RAMASHARMA,
     R/A N.R.EXTENSION,
     CHINTHAMANI TOWN,
     CHICKBALLAPUR DIST.
     (DRIVER OF MARUTI
     VAN NO. AP-21-L-8561)                 ... RESPONDENTS

(By Sri. M T NANAIAH. SENIOR COUNSEL FOR R1;
         NOTICE TO R2 D/W V/O DATED 10/6/2014)

     THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 8.3.2012 PASSED IN MVC
NO.21/2011 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC,
MACT, CHINTHAMANI, AWARDING COMPENSATION WITH
INTEREST & ETC.

     THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

MFA 5736/2012 and MFA 5737/2012 are filed by the insurance company for reduction of compensation.

2. In MFA 5736/2012 arising out of MVC No.20/2011, the tribunal has awarded compensation of Rs.3,16,000/- for the death of Vinutha, a girl aged about 9 years. 4

3. In MFA 5737/2012 arising out of MVC No.21/2011, the tribunal has awarded compensation of Rs.3,16,000/- for the death of Vijaya Narasimha, a boy aged about 12 years.

4. In MFA 690/2014 dated 17.07.2014, this court following the judgment in MFA 3524/2012 dated 29.11.2013 and judgments reported in 2012 KANT MAC 346 (KANT) (in the case of The New India Assurance Company Limited - vs- Sri Subhash Kallappa and another) and the judgments of Supreme Court reported in 2009 (8) SCALE 451 (in the case of R.K.Malik -vs- Kiran Pal), 1995 (1) SCC 551 (in the case of R.D.Hattangadi -vs- Pest Control (India) (P) Ltd) and the judgment of Delhi High Court reported in 2010 (1) TAC 931 (Del) in the case of Mohd. Ayyub and another -vs- Satish Kumar Gupta and Others) has held that a sum of Rs.3,75,000/- would be just and reasonable compensation for the death of child aged about 4 years. In the circumstances, compensation awarded by the tribunal cannot be termed as excessive.

5. In the result, I pass the following:

ORDER The appeals are dismissed however, with an observation that dismissal of these appeals will not come in the way of claimants seeking enhancement of compensation in the appeals if already filed by them.

The amount deposited by the insurance company shall be transferred to the tribunal.

Sd/-

JUDGE Np/-

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Karnataka High Court