Karnataka High Court
New India Assurance Co., Ltd., vs Ningawwa W/O Kenchappa Soudhi on 8 January, 2013
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA,
ON THE 8TH DAY OF JANUARY, 2013,
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.30129/2010 (MV)
BETWEEN
NEW INDIA ASSURANCE CO. LTD.,
S.S. FRONT ROAD, BIJAPUR
BY ITS DIVISIONAL MANAGER.
... APPELLANT
(BY SRI: VEERESH B. PATIL, ADV.)
AND
1. NINGAWWA W/O KENCHAPPA SOUDHI
AGE: 25 YEARS OCC: COOLIE
R/O KURABARA ONI, TIKOTA
TQ. AND DIST: BIJAPUR.
2. VINAYAKUMAR S/O MAHANTAPPA KOTTAGI
AGE: 39 YEARS OCC: BUSINESS
R/O NEW KOLHAR TQ. B. BAGEWADI
DIST: BIJAPUR.
... RESPONDENTS
(BY: SRI. A. SYED HABEEB, ADV. FOR R.1 R.2 SERVED)
2
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 30.09.2009 PASSED
IN MVC NO.1345/2006 ON THE FILE OF THE MOTOR
ACCIDENT CLIAMS TRIBUNAL NO.V AT BIJAPUR, PARTLY
ALLOWING THE CLIAM PETITION AND AWARDING THE
COMPENSATION OF RS.1,000/- WITH INEREST AT 6% P.A.
THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the Judgment and award passed by the Tribunal, the insurer has filed the present appeal questioning the quantum and the liability to satisfy the award.
2. The Tribunal while considering the claim of the claimant awarded a compensation of Rs.1,000/- with interest at the rate of 6% per annum. The amount awarded is a paltry sum. However, the learned counsel for the appellant contends that it is a question of liability and hence the quantum awarded should be overlooked. A limit of Rs.10,000/- has been postulated in terms of Section 173(2) of the Motor Vehicle Act. No appeal would lie 3 where the subject matter in dispute is less than Rs.10,000/-. The Act was promulgated in the year 1988. We are presently in the year 2012. If the value of money is to be applied, then it is just and proper that the Court should refrain from interfering purely on the question of quantum. In terms of the Act, the minimum compensation to be granted would be Rs.50,000/- even in cases of a dispute on liability. Hence, without going into the question of liability, in view of a paltry sum being awarded, the appeal requires to be rejected.
Ordered accordingly.
The amount in-deposit is directed to be transferred to the Tribunal for necessary orders.
Sd/-
JUDGE Rsk/-