Case Note & Summary
The case involves an appeal filed by the National Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.08.2008 passed by the Presiding Officer, Fast Track Court-I and MACT, Mysore, in MVC No.231/2007. The Tribunal had awarded compensation of Rs.11,20,000/- with interest at 6% per annum from the date of petition to the claimants, who are the widow and son of the deceased Srinivas Kulkarni. The deceased was an employee of Baba Atomic Research Centre (BARC) and died in a road accident on 10.10.2003 in Gulbarga Town. The appellant insurance company, which was the third respondent before the Tribunal, challenged the award primarily on the ground of negligence and quantum. The High Court, after hearing the parties, found no merit in the appeal. The court observed that the Tribunal's findings were based on the evidence on record and there was no reason to interfere. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Motor Vehicles Act - Compensation - Death - Negligence - The appeal by the insurance company challenged the award of Rs.11,20,000/- with interest at 6% p.a. granted by the MACT, Mysore, for the death of Srinivas Kulkarni in a road accident on 10.10.2003. The court held that the Tribunal's finding on negligence and quantum of compensation was based on evidence and did not warrant interference. (Paras 1-3)
B) Motor Vehicles Act - Appeal - Section 173(1) - Dismissal - The insurance company failed to make out any grounds to interfere with the impugned judgment and award. The appeal was dismissed with no order as to costs. (Para 3)
Issue of Consideration
Whether the judgment and award of the Tribunal granting compensation to the claimants for the death of Srinivas Kulkarni in a road accident is liable to be set aside or modified on the grounds raised by the appellant insurance company.
Final Decision
The appeal is dismissed with no order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Negligence
- Compensation
- Death
- Road Accident
- Insurance
- Liability
- Driver
- Owner
Case Details
2013 LawText (KAR) (02) 5
Sri. A N Krishna Swamy (for appellant), Sri. S N Aswathanarayana (for R-1), Sri. T. Srinivasan (for R-3)
The Divisional Manager, National Insurance Co. Ltd.
Smt Alkananda, Sripad, Ambu, Gowrishankar
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Nature of Litigation
Appeal under Section 173(1) of Motor Vehicles Act, 1988 against judgment and award of MACT in a motor accident claim.
Remedy Sought
The appellant insurance company sought to set aside or modify the award of compensation granted to the claimants.
Filing Reason
The insurance company challenged the Tribunal's award on grounds of negligence and quantum.
Previous Decisions
The MACT, Mysore, in MVC No.231/2007 awarded Rs.11,20,000/- with interest at 6% p.a. to the claimants for the death of Srinivas Kulkarni.
Issues
Whether the Tribunal's finding on negligence is correct?
Whether the quantum of compensation awarded is excessive?
Submissions/Arguments
The appellant insurance company argued that the accident was not due to negligence of the driver and that the compensation awarded was excessive.
The respondents/claimants supported the Tribunal's award.
Ratio Decidendi
The Tribunal's findings on negligence and quantum of compensation were based on evidence and did not warrant interference by the High Court in appeal under Section 173(1) of the Motor Vehicles Act, 1988.
Judgment Excerpts
The third respondent – insurance company in MVC No.231/2007 on the file of MACT, Mysore has come up in this appeal impugning the judgment and award dated 30.8.2008, so far as it pertains to awarding compensation to the claimants for the death of one Srinivas Kulkarni in the alleged road accident said to have taken place on 10.10.2003 in Gulbarga Town.
The brief facts leading to this appeal are as under: Claimants before the tribunal are widow and son of Srinivas Kulkarni, an employee of Baba Atomic Research Centre (for short 'BARC').
Heard the learned counsel for the appellant. Perused the records. On going through the same, I do not find any grounds to interfere with the impugned judgment and award. Accordingly, the appeal is dismissed with no order as to costs.
Procedural History
The claimants filed MVC No.231/2007 before the MACT, Mysore, which awarded compensation on 30.08.2008. The insurance company appealed to the High Court of Karnataka under Section 173(1) of the Motor Vehicles Act, 1988, which was dismissed on 13.02.2013.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
