Legal Manager v. Hanumanthaiah
Case brief
What is this about?
The High Court allowed the insurance company's appeal partly, reducing the compensation awarded for loss of future earnings. The Court upheld the notional income and future medical expenses, but reduced 'pain and suffering' from Rs. 2,00,000/- to Rs. 1,50,000/-, resulting in a total of Rs. 17,83,485/-.
What did the court decide?
Reduction of compensation under 'pain and suffering' to Rs.1,50,000/- resulting in a total award of Rs.17,83,485/- instead of Rs.18,33,485/-.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR MFA NO.8831 OF 2017 (MV-I)
BETWEEN:
LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD. REGIONAL OFFICE, EAST WING NO.28, NEAR CITY BANK 5TH FLOOR, CENTENARY BUILDING M.G.ROAD, BANGALORE - 560 001.
… APPELLANT
(BY SRI.PRADEEP B., ADV.)
AND:
- HANUMANTHAIAH S/O RAMANNA NOW AGED ABOUT 31 YEARS R/AT SANGENAHALLI HULIYUR HOBLI - 572 218.
- PRAKASH S.
S/O SOMASHEKAR AGED ABOUT 47 YEARS BARAKANAHAL VILLAGE HULIYUR HOBLI C.N.HALLY TALUK - 572 218.
Issues for consideration
3 issues framed by the court
Whether the notional income of Rs.10,000/- per month and the quantum of compensation awarded by the Tribunal were reasonable in view of the claimant's age and injuries.
Whether the multiplier of 17 and the percentage of physical disability of 60% applied by the Tribunal were correct in law.
Whether the compensation under the head 'pain and suffering' was excessive and required reduction.
Parties & counsel
- appellant
Legal Manager Reliance General Insurance Co. Ltd.
- respondent
Hanumahthaiah S/O Ramanna
- respondent
Prakash S. S/O Somashekar
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- MFA/8831/2017
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