Partly allowed

The Icici Lombard General Insurance Co.Ltd., v. K Saiman S/O. Kondayya

Karnataka HC17 Aug 2022MFA/20321/2012

Case brief

AI extract

What is this about?

The Single Judge enhanced total compensation to Rs.1,67,180 with 6% interest for the claimant in a motor accident dispute. The appeal filed by the insurance company questioning liability was dismissed as withdrawn.

What did the court decide?

Compensation enhanced to Rs.1,67,180 with 6% interest; insurance company ordered to deposit balance; withdrawn appeal dismissed.

The Icici Lombard General Insurance Co.Ltd., Vs K Saiman S/O… — Insurance | Karnataka HC (2022)

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MFA No. 25128 of 2011

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C/W MFA No. 20321 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 17TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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MISCELLANEOUS FIRST APPEAL NO. 25128 OF 2011 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 20321 OF 2012

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IN MISCELLANEOUS FIRST APPEAL NO. 25128 OF 2011 :

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BETWEEN:

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SHRI. K. SAIMAN S/O KONDAYYA AGE: 35 YEARS, OCC: COOLIE and AGRICULTURE (NOWNIL), R/O KALMESHWAR NAGAR, B.K. KANGRALI, TQ. and DIST. BELGAUM

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…APPELLANT

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(BY SRI. HANAMANT R LATUR.,ADVOCATE)

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AND:

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SHRI. M. R. C. JOHN HENRY, AGE: 50 YEARS, OCC: BUSINESS, R/O NO. 101/1A, KAMAL SEC-2, VASANT NAGAR, GOKHIL WARE, VASAI (E), THANE, MAHARASHTRA

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THE MANAGER, ICICI BANK, BANDRA KURLA, MUMBAI, MAHARASHTRA STATE

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THE ICICI LOMBARD GENERAL INSURANCE CO. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE, GOKUL

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MFA No. 25128 of 2011

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C/W MFA No. 20321 of 2012

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ROAD, A/O HUBLI, DIST. DHARWAD

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…RESPONDENT'S

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(BY SRI. S.K.KAYAKMATH, ADV., FOR R3;

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NOTICE TO R1 IS DISPENSED WITH;

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R2 SERVED)

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THIS MFA IS FILED U/S.173(1) OF THE M.V.ACT, AGAINST THE JUDGEMENT AND AWARD DATED:12.09.2011, PASSED IN MVC NO.1838/2006 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE & MOTOR ACCIDENT CLAIMS TRIBUNAL, BELGAUM AT BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISCELLANEOUS FIRST APPEAL NO. 20321 OF 2012:

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BETWEEN:

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THE ICICI LOMBARD GENERAL INSURANCE CO.LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE,GOKUL ROAD, A/P HUBLI, DIST : DHARWAD.

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…APPELLANT

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(BY SRI. S K KAYAKAMATH.,ADVOCATE)

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AND:

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K SAIMAN S/O. KONDAYYA, AGE : 35 YRS, OCC: COOLIE andAGRIL.,(NOW NIL), R/O. KALMESHWAR NAGAR,B.K. KANGRALI,TQ and DIST : BELGAUM.

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M.R.C. JOHN HENRY AGE : MAJOR, OCC: BUSINESS, R/O. NO.101/A1 KAMAL SEC-2, VASANT NAGARGOKHIL WARE, VASAI (E) THONE-

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MFA No. 25128 of 2011

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C/W MFA No. 20321 of 2012

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MAHARASTRA.

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THE MANAGER, ICICI BANK, BANDRA KURLA, MUMBAI-13,STATE MAHARASTRA.

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…RESPONDENTS

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(BY SRI. HANUMANTH R LATUR., ADVOCATE FOR R1; R2 AND R3 ERVED )

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THESE APPEALS COMING ON FOR ADMISSION THIS DAY. THE COURT DELIVERED THE FOLLOWING.

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JUDGMENT

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MFA.No.25128/2011 is filed by the claimants questing the quantum of compensation awarded by the Tribunal and MFA.No.20321/2012 is filed by the insurance company questioning the liability, on the ground that no insurance to offending vehicle.

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Learned counsel appearing for the appellant-claimant submits that already amount has been deposited and the same has been withdrawn. Learned counsel appearing for the insurance

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MFA No. 25128 of 2011

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C/W MFA No. 20321 of 2012

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company does not dispute the said fact and seeks permission of this Court to withdraw MFA.No.20321/2012 filed by the insurance company. In view of submission, MFA.No.20321/2012 is dismissed as withdrawn.

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With regard to the quantum of compensation is concerned, claimant is entitled for compensation of Rs.30,000/under head of pain and suffering, Rs.15,000/- under the head of conveyance and attendant charges, Rs.20,000/- under the head of loss of amenities, Rs.85,680/- (3,400x12x12/100x17) under the head of loss of earning due to disability. However, compensation awarded by the Tribunal on medical expensed-Rs.4,500/-, loss of earning during treatment-Rs.12,000/- remains unaltered. Thus, the claimant is entitled for total compensation of Rs.1,67,180/- with 6% interest.

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In view of the above discussion, I pass the following:

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ORDER

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MFA.No.25128/2011 is allowed in part and

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MFA.No.20321/2012 is dismissed.

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MFA No. 25128 of 2011

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C/W MFA No. 20321 of 2012

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In modification of the impugned judgment and award passed by the Tribunal, the claimant is entitled for a sum of Rs.1,67,180/- with interest at 6% p.a. from the date of petition till realization as against Rs.1,21,940/- awarded by the Tribunal.

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Amount in deposit, if any, is ordered to be transferred to the Tribunal forthwith.

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Registry is directed to transmit TCR forthwith.

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Insurance Company is directed to deposit the difference

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compensation amount within four weeks from the date of receipt of a certified copy of this order.

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Sd/JUDGE

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The Icici Lombard General Insurance Co.Ltd., v. K Saiman S/O. Kondayya

Case brief

What is this about?

What did the court decide?

The Icici Lombard General Insurance Co.Ltd., v. K Saiman S/O. Kondayya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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