RATHNAMMA Vs. SANJAY SHIVAJI KOLEKAR

JUDGEMENT

(1.) The appeals in M.F.A.No.3088/2015, MFA No.3862/2016, MFA No.4355/2017, and MFA No.4359/2017 by the insurer, and the appeals in M.F.A. No.4590/2015, M.F.A.No.8054/2017 and M.F.A.No.8055/2017 by the claimants lay a challenge to the common judgment and multiple awards dated 24.12.2016 made by Senior Civil Judge, Nelamangala ie., M.A.C.T., Nelamangala allowing the respective claim petitions, whereby separate sums of compensation have been awarded in favour of the claimants with interest at the uniform rate of 9% per annum.

(2.) The brief facts of the case are that:

(3.) The learned counsel for the insurer firstly contended that the M.A.C.T. has not adverted to the contention of composite negligence, though two vehicles were involved in this accident and the lorry in question having been parked on the extreme left of the P.B. Road, obviously the negligence is attributable to the offending car in question, more specially when about 24 ft. of road was still remaining on the right hand side of the parked lorry, through which, with due attention the said car could have passed. Secondly, he contends that the M.A.C.T. has awarded compensation in far too excess of what is awardable under the notional heads, even going by the decision of the Apex Court in the case of "National Insurance Company vs. Pranay Sethi and others, 2017 AIR(SC) 5157". Thirdly, the counsel argues that the M.A.C.T. grossly erred in awarding interest at the rate of 9% p.a. qua the admissible rate of 6%. Lastly, he submits that even otherwise also, the quantum of compensation is too much on the higher side under other heads and in particular M.F.A.No.3862/2016 arising from M.V.C.No.874/2014, he submits the M.A.C.T. has awarded compensation under duplication of heads in favour of the injured claimants.