Karnataka High Court
M/S Shriram General Insurance Co. Ltd., vs Mallikarjun S/O Prabhuraya Hugar, on 11 August, 2014
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
ON THE 11TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A. NO.32499/2012(MV)
BETWEEN:
M/S SHRIRAM GENERAL INSURANCE CO. LTD.,
THROUGH ITS GENERAL MANAGER
10003-E-8, RIICO, INDUSTRIAL AREA,
SITAPUR, JAIPUR RAJASHTAN)
NOW THROUGH ITS
AUTHORIZED REPRESENTATIVE
MR.GOURAV KOHALI,
R/O JAIPUR-302022.
... APPELLANT
(BY SMT. BHADRASHETTY SANGEETA.C. ADVOCATE)
AND
1. MALLIKARJUN S/O PRABHURAYA HUGAR,
AGE : 39 YEARS, OCC: HOUSEHOLD,
R/O DORANHALLI VILLAGE,
TQ. SHAHAPUR, DIST: YADGIR-585223
2. MUNIR BASHA SHAIK S/O AMANULLA
AGE : 43 YEARS, OCC: OWNER OF LORRY,
BEARING REG. NO. AP-27/T-7898,
R/O D.NO.3-54, CINEMA HALL ROAD,
INKOLLU (ONGAL) PRAKASAM
DIST. A.P-523171.
... RESPONDENTS
(BY SRI. GANESH NAIK, ADV FOR R1
R2 SERVED & UNREPRESENTED)
2
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DT: 29.8.2012 PASSED IN MVC NO:
114/2011 ON THE FILE OF THE SR. CIVIL JUDGE & ADDL.
M.A.C.T AT SHORAPUR SITTING AT SHAHAPUR, PARTLY
ALLOWING THE CLAIM PETITION AND AWARDING
COMPENSATION OF RS. 42,000/- WITH INTEREST AT 9% P.A.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the Judgment and award of the Tribunal, the insurer has filed the 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.42,000/- along with interest. 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 where the subject matter in dispute is less than 3 Rs.10,000/-. The Act was promulgated in the year 1988. We are presently in the year 2014. 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 a case of 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, if any, before this Court be transmitted to the Tribunal for necessary orders.
Sd/-
JUDGE sdu