Karnataka High Court
United India Insurance Co Ltd vs Sri Patric Pashao on 11 March, 2014
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF MARCH, 2014
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH
MFA No.4512/2011 (MV)
BETWEEN
UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE CAMPCO TOWERS,
MISSION STREET, BUNDER, MANGALORE
REP. BY ITS MANAGER
UNITED INDIA INSURANCE CO. LTD.,
REGIONAL OFFICE, 5TH FLOOR, KRISHI
BHAVAN, HUDSON CIRCLE, BANGALORE-2.
... APPELLANT
(By Sri. MOHAN KUMAR T. ADV.)
AND
1. SRI PATRIC PASHAO
S/O BENEDICT PASHAO
49 YEARS,
R/A ST.JOSEPH NAGAR,
JEPPU SEMINAR, KANKANADY
MANGALORE TALUK, D.K.
2. SRI K.M. MATHEW
S/O MOHAN K GEORGE
MAJOR
R/O KALLAZHATHIL HOUSE
ANGADKAL SOUTH P.S.
GHENGAMUR, KERALA.
3. SRI A.B. THOMAS
S/O C K THOMAS
MAJOR, R/O PUNNAVELLI HOUSE
HEHIVADE POST,
RANNY, PATHAYANTHITTU
KERALA.
... RESPONDENTS
(By Sri.P. KARUNAKAR ASSTS., ADVS. FOR R1)
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MFA FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:16.12.2010 PASSED IN MVC
NO.1154/2000 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND MEMBER MACT, MANGALORE, AWARDING A
COMPENSATION OF Rs.1,00,000/- WITH INTEREST @ 9% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING: -
JUDGMENT
In view of the memo filed, notice to respondents No.2 and 3 is dispensed with.
This appeal is by the insurer challenging the quantum of compensation awarded by the Prl. Civil Judge (Sr.Dn.) and MACT, Mangalore, in MVC No.1154/2000 dated 16.12.2010.
2. On 2.12.1999 in the evening around 4.00 p.m. when the claimant was standing near Balmatta Bus-stop, near Quality Hotel, at that time, the offending motorcycle bearing No.KA 19 K 5013 came in high speed, in a rash and negligent manner and dashed against the claimant. As a result of which, claimant fell down and sustained fracture to the leg and injuries on his head and other parts of the body. On the claim -3- petition filed, on the matter being contested by the insurer, Tribunal having raised relevant issues for consideration, after enquiry having held that accident was due to the negligence on the part of rider of the motorcycle in question, awarded total compensation of Rs.1,00,000/- with interest at 9% p.a. under the following heads:
Towards pain and suffering Rs.40,000/-, towards loss of earning during the treatment period Rs.15,000/-, towards medical bills and treatment Rs.10,000/-, towards loss of future amenities Rs.30,000/-, towards conveyance, transportation, attendant, nourishment and diet charges Rs.5,000/-.
Challenging the quantum of compensation, insurer has filed this appeal.
3. Heard the learned counsel appearing for both the parties.
4. Learned counsel for the insurer has submitted that, claim petition was dismissed during the year 2006 and was restored during 2010. Without -4- noticing the fact of dismissal and restoration for the period of four years, interest is awarded erroneously.
5. Learned counsel appearing for the respondent has submitted that though the claimant has suffered fracture of both the bones of tibia and fibula, meager amount has been awarded.
6. As per the wound certificate issued by Government Wenlock District Hospital, Mangalore, claimant has sustained two compound fractures. The compensation awarded is not adequate. However, there is no appeal by the claimant for enhancement. But the fact remains that, for the period of dismissal till restoration, interest awarded by the Tribunal has to be reduced.
Accordingly, this appeal is allowed in part. Claimant is not entitled for interest from the period of dismissal of the claim petition till its restoration.
Sd/-
JUDGE AP*