Alwin Monohar v. Ashok

ORDER i. The above appeal is partly allowed; ii. The judgment and award dated 10.09.2015 passed in MVC No.734/2012 on the file of the II Additional Senior Civil Judge & Additional MACT-8, Shivamogga, is set aside; iii. The petition in MVC No.734/2012 on the file of the II Additional Senior Civil Judge & Additional MACT-8, Shivamogga, is partly allowed and respondent Nos.3 and are jointly and severally liable to pay the appellant/claimant a sum of `59,930/- together with interest at 6% p.a., from the date of petition till date of payment; iv. Having regard to the policy of insurance, respondent No.4 shall deposit the compensation awarded along with accrued interest within six weeks;

v. After deposit of the aforesaid amount, the entire amount may be released in favour of the claimant digitally upon proper identification; vi. The records be transmitted to the Tribunal forthwith; vii. The registry to draw the modified award accordingly; viii. No costs.

Sd/- (C.M. POONACHA) JUDGE

ND List No.: 1 Sl No.: 8

NC:(2026:KHC:5551( MFA(No.(1022(of(2016( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( STDATED(THIS(THE(31 (DAY(OF(JANUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( MISCELLANEOUS(FIRST(APPEAL(NO.(1022(OF(2016((MV-DM)( ( BETWEEN:(( ( ALWIN,MONOHAR, S/O,HARSHA,MABEN,, AGED,ABOUT,41,YEARS,, EMPLOYEE,IN,WARE,HOUSING,, R/AT,PRABHAVATHI,COMPOUND,, AGRAHARA,,NEAR,PANCHAYATH,, GAJANOOR,AT,POST,,, SHIVAMOGGA,TQ/DT.,PIN-577201., , …APPELLANT, (BY,SRI.,PURANDRA,RAMA,NAIK,,ADVOCATE,FOR, ,,,,,,SRI.,RAVINDRANATH,M,,ADVOCATE), , AND:( Digitally ( signedtiby 1., ASHOK, NIRMALA S/O,GIKA,KOTA,D,COSTA,,DEVI AGED,ABOUT,41,YEARS,, Location: R/O,NEAR,KANNADA,SCHOOL,,,HIGH0COURT OF MURUDESHWARA,, KARNATAKA BHATKAL,TALUK,,KARWAR-DT-581350, (DRIVER,OF,SEA,BIRD,BUS,BEARING, REG.NO.KA-01-AA-1374), , 2., NAGARAJAIAH,H,C,, S/O,NOT,KNOWN,, AGE:MAJOR,,SEA,BIRD,TOURIST,CENTRE,, R/AT,NO.12,,2ND,CROSS,,, NEAR,SRI,RAMA,TEMPLE,, GANDHINAGARA,,, NC:(2026:KHC:5551( MFA(No.(1022(of(2016( ( , ,,HC-KAR( ( ( BANGALORE-560009., (OWNER,OF,SEA,BIRD,BUS,, BEARING,REG.NO.KA-01-AA-1374), , 3., THE,AUTHORIZED,SIGNATORY, RELIANCE,GENERAL,INSURANCE,CO.LTD.,, NO.28,,EAST,WING,,5TH,FLOOR,,, CENTENARY,BUILDING,, M.G.ROAD,,BANGALORE-560001., (POLICY,NO.1405702340000997), , 4., THE,AUTHORIZED,SIGNATORY, ROYAL,SUNDARAM,ALLIANCE,, INSURANCE,CO.LTD.,, "SUNDARAM,TOWERS,,NO.45,&,46,, WHITE,ROAD,,CHENNAI-600014., , …RESPONDENTS, (BY,SRI.,H,C,BETSUR,,ADVOCATE,FOR,R3, ,,,,,,SRI.,RAVI,S,SAMPRATHI,,ADVOCATE,FOR,R4, ,,,,,,R1,&,R2,ARE,SERVED,AND,UNREPRESENTED), , , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT,AND,AWARD,DATED,10.09.2015,,PASSED,IN,MVC, NO.734/2012, ON, THE, FILE, OF, THE, II, ADDITIONAL, SENIOR, CIVIL, JUDGE,, &, ADDITIONAL, MACT-8,, SHIVAMOGGA,, DISMISSING,THE,CLAIM,PETITION,FOR,COMPENSATION., ,, , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,C.M.,POONACHA, , ( ( ORAL JUDGMENT 1. The present appeal is filed by the claimant being aggrieved by the judgment and award dated 10.09.2015 passed in MVC NO.734/2012 on the file of the II Additional Senior Civil Judge & Additional MACT-8, Shivamogga, whereunder the claim petition filed by the appellant claiming the vehicle damage has been dismissed by the Tribunal. 2. Heard the submissions of learned counsel Sri Purandra Rama Naik for Sri Ravindranath M, for the claimant and learned counsel Sri Ravi S.Samprathi, for respondent No.4. 3. It is forthcoming that the claim petition was filed by the owner of the car bearing No.KA-19/MD-4156 alleging that when they were returning on 05.11.2011 to Shivamogga from Mysuru, a bus bearing No.KA-01/AA-1374 being driven in a rash and negligent manner came and hit the car, as a result of which, the car was damaged. The claimant got the car repaired and incurred a total sum of `84,930/-. The claim made by the claimant with his insurer (respondent No.3) was partly accepted and the said insurer paid a sum of `27,000/-. 4. The Tribunal, considering issue No.1 recorded a finding that the driver of the bus was wholly negligent in causing the accident in question. However, while considering the quantum of compensation, the Tribunal noticed that the claimant had received a reimbursement of `27,000/- from his insurer and on the said ground dismissed the claim petition. The said finding of the Tribunal is ex facie erroneous and liable to be interfered with. 5. The Tribunal having recorded a finding that the driver of the bus was negligent in causing the accident in question, the claimant being the owner of the car is entitled to claim the difference of the amount incurred by him towards the repair of the car, after deducting the amount reimbursed by his insurer. 6. It is noticed that the claimant has incurred a sum of `84,930/- . The representative of respondent No.3 - insurer has been examined as PW.3. He has deposed that the said insurer has paid a sum of `27,000/- towards the claim made b