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2005 DIGILAW 805 (SC)

GANGADHARIAH v. UNITED INDIA INSURANCE CO. LTD.

2005-04-13

B.N.AGARWAL, H.K.SEMA

body2005
ORDER 1. The Motor Accidents Claims Tribunal (for short "the Tribunal") fixed compensation at Rs 2,07,100 for the appellant, who was a cleaner in the vehicle, which was involved in the accident in Motor Vehicles Case No. 371 of 1993 and directed payment of interest at the rate of 6% per annum from the date of filing of the petition till the date of payment. It also awarded costs. It further directed that the owner of the vehicle as well as the Insurance Company both would be jointly and severally liable to pay compensation awarded. Against the said order, an appeal was preferred before the High Court of Karnataka by the Insurance Company. From a bare perusal of the impugned judgment, it appears that the High Court has reduced the compensation from Rs 2,07,100 to Rs 1,14,000 without giving any reason whatsoever. Further it directed that liability of the Insurance Company would be only to the extent of Rs 56,000 and for giving this direction also, no reason at all has been assigned in the impugned judgment. 2. Having heard learned counsel for the parties, perused the impugned order and in view of the aforesaid facts, we are of the view that the High Court was not justified in reducing the quantum of compensation from Rs 2,07,100 to Rs 1,14,000 and limiting the liability of the Insurance Company to a sum of Rs 56,000 only. 3. Accordingly, the appeals are allowed, impugned order passed by the High Court, so far the same relates to the present appellant is concerned, is set aside and the award of the Tribunal in relation to the appellant is restored. 4. No costs.