Case Note & Summary
The appeal was filed by the United India Insurance Company Limited against the judgment and award dated 10.09.2008 passed by the III Additional Judge and Member, MACT, Bangalore (SCCH-18) in MVC No.4378/2006. The Tribunal had awarded compensation of Rs.2,00,000 with interest at 6% per annum from the date of petition till realization to the minor claimant, Kumari Shilpa, represented by her father Ramachandrappa. The incident occurred on 19.1.2006 at about 4.30 p.m. near KEB Circle, Hoskote Circle, when a maxi cab bearing registration No.KA.03.6139, driven in a rash and negligent manner, dashed against the petitioner who was standing at a KSRTC bus stop. A criminal case was registered in Crime No.41/2006 by Hoskote Police against the driver. The petitioner sustained injuries, permanent disability, and incurred treatment expenses. The insurance company contended that the compensation was excessive. The High Court, after hearing arguments, found no merit in the appeal and dismissed it, confirming the Tribunal's award.
Headnote
A) Motor Accident Compensation - Rash and Negligent Driving - Permanent Disability - The appellant-insurance company challenged the award of Rs.2,00,000 with 6% interest for injuries sustained by a minor claimant due to rash driving of a maxi cab. The court upheld the award, finding no grounds to interfere with the Tribunal's assessment of negligence and compensation. (Paras 1-4)
Issue of Consideration
Whether the compensation awarded by the Tribunal is excessive or requires interference by the High Court.
Final Decision
The appeal is dismissed. The judgment and award dated 10.09.2008 passed in MVC No.4378/2006 by the III Additional Judge and Member, MACT, Bangalore (SCCH-18) is confirmed.
Law Points
- Motor accident compensation
- rash and negligent driving
- permanent disability
- interest rate
- Section 173(1) Motor Vehicles Act
- 1988
Case Details
2019 LawText (KAR) (01) 10
Sri A N Krishna Swamy (for appellant), Sri N Gopalkrishna (for respondent 1)
Divisional Manager, United India Insurance Co Ltd.
Kumari Shilpa (minor) represented by father Ramachandrappa, and Smt. Suguna
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal awarding compensation for injuries sustained in a road accident.
Remedy Sought
The appellant-insurance company sought setting aside of the award directing payment of Rs.2,00,000 with interest.
Filing Reason
The insurance company challenged the quantum of compensation awarded by the Tribunal.
Previous Decisions
The Tribunal (III Additional Judge and Member, MACT, Bangalore) passed judgment and award dated 10.09.2008 in MVC No.4378/2006 awarding Rs.2,00,000 with 6% interest.
Issues
Whether the compensation awarded by the Tribunal is excessive and warrants reduction.
Submissions/Arguments
The appellant argued that the compensation of Rs.2,00,000 is excessive and not justified by the evidence.
Ratio Decidendi
The court found no grounds to interfere with the Tribunal's award, as the compensation was just and proper based on the injuries and disability suffered by the claimant.
Judgment Excerpts
This appeal is directed against the judgment and award dated 10.09.2008 passed in MVC No.4378/2006 by the III Additional Judge and Member, MACT, Bangalore, (SCCH-18).
The appellant- United India Insurance Company Limited questioned the judgment and award of the learned Member as stated above and prays for setting aside the judgment and award which directs him to pay the compensation of Rs.2,00,000/- together with interest at the rate of 6% p.a. from the date of petition till realization.
Procedural History
The claimant filed MVC No.4378/2006 before the MACT, Bangalore, which awarded compensation on 10.09.2008. The insurance company appealed under Section 173(1) of the Motor Vehicles Act, 1988, filing MFA No.2903/2009 before the High Court of Karnataka. The High Court heard the appeal and dismissed it on 08.01.2019.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173(1)
