Allowed

Ningappa S/O Devindrappa Ayaldor v. M/S Icici Lombard Motor Insurance Co.Ltd., and Anr.

Karnataka HC1 Aug 2014MFA/31653/2013

Case brief

AI extract

What is this about?

The High Court allowed a miscellaneous first appeal under Section 173(1) of the Motor Vehicles Act. It modified the Motor Accident Claims Tribunal award, enhancing compensation by Rs.77,500 for the minor appellant under the new Supreme Court formula developed in Master Mallikarjun.

What did the court decide?

Award modified to include additional compensation of Rs.77,500/- for loss of future income carrying interest at 6% per annum.

Ningappa S/O Devindrappa Ayaldor Vs M/S Icici… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

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DATED THIS THE 1^ST DAY OF AUGUST, 2014

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL NO.31653/2013 (MV)

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BETWEEN:

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Ningappa S/o Devindrappa Ayaldor Age: 9 years, Occupation: Student Since minor represented by his mother/guardian Nagamma W/o Devindrappa Ayaldor Age: 30 years, Occupation: House hold work R/o Keinur, Taluka: Sindagi Now R/o Balaji Nagar, Yadgir Taluka and District: Yadgir – 585 222.

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… APPELLANT

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(Shri Ganesh Naik, Advocate)

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AND:

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M/s ICICI Lombard Motor Insurance Company Limited through its General Manager Near S.V.P.Chowk Court Road, Gulbarga – 585 201.

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Suryakant S/o Bhaganna Madivalkar Age: 32 years, Occupation: Business R/o Jewargi, Taluka: Jewargi

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District: Gulbarga – 585 204.

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… RESPONDENTS

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(Shri Sudarshan M. Advocate for respondent No.1 Notice to respondent No.2 is dispensed with vide order dated 30.07.2013)

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This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 20.06.2013 passed in MVC No. 242/2011 on the file of the Member Motor Accident Claims Tribunal-II, Yadgiri, partly allowing the claim petition and seeking enhancement of compensation.

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This appeal coming on for Admission this day, the Court delivered the following:

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JUDGMENT

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The appeal coming on for admission is admitted and considered for final disposal.

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The appellant is a minor and was aged 6 when she had met with a motor accident. The claim for compensation has been disposed of by the Motor Accident Claims Tribunal, awarding a nominal amount of Rs.78,827/- under several heads. The date of the judgment and award is 20.06.2013. However, the Supreme Court in the case of Master Mallikarjun vs.

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Divisional Manager, National Insurance Company Limited (AIR 2014 SC 736) has evolved a formula in respect of minors suffering injuries and found permanent disabilities and as per that formula, the appellant who was found with a permanent disability of 10% to the whole body, and would therefore be entitled to an additional compensation of Rs.77,500/- towards loss of future income instead of Rs.22,500/-, in addition to the other amounts of compensation awarded under the conventional heads. Therefore, the appellant would be entitled to an additional compensation of Rs.77,500/-.

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Though the learned counsel for respondent No.1 would raise vehement objections, he would have no answer to the circumstance that the Supreme Court has laid down the law which is applied to the present case.

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Accordingly, the appeal is allowed. The award stands modified in terms as above. The enhanced amount shall carry interest at 6% per annum from the date of claim till the date of

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payment, which the appellant is permitted to withdraw on

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deposit by the respondent-insurer.

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Sd/-

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JUDGE

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swk