Partly allowed

National Insurance Co.Ltd., v. Shashikala Annasaheb Jolle

Karnataka HC10 Aug 2023MFA/100230/2014

Case brief

AI extract

What is this about?

The High Court modified awards in four motor accident cases filed as miscellaneous first appeals. It enhanced compensation for three injured claimants by reassessing loss of future income, while setting aside such compensation for a MLA claimant without proof of income loss. The insurance company's appeal to reduce compensation was partially allowed.

What did the court decide?

Compensation enhanced for three claimants; set aside future income head and dependency for one; insurance appeal partially allowed; interest rate reduced to 6%.

National Insurance Co.Ltd., Vs Shashikala Annasaheb… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.25090/2013(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.25091/2013 MISCELLANEOUS FIRST APPEAL NO.25092/2013 MISCELLANEOUS FIRST APPEAL NO.25093/2013 MISCELLANEOUS FIRST APPEAL NO.100230/2014

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IN MFA.NO.25090/2013:

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BETWEEN:

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SMT. MAHADEVI W/O. APPANNA HUDDAR, AGE: 36 YEARS, OCC: NIL, R/O: CHIKODI, TQ: CHIKODI, DIST: BELGAUM – 590 001.

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…APPELLANT

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(BY SRI RAJENDRA R. PATIL, ADVOCATE)

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Digitally signed by SUJATA SUBHASH PAMMAR

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AND:

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SRI ANNASAHEB SHANKAR JOLLE, MAJOR, OCC: BUSINESS, R/O: EXAMBA, TAL: CHIKODI, DIST: BELGAUM – 590 001.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISION OFFICE, BELGAUM – 590 001.

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…RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 IS SERVED)

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.10,88,600/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE RELISATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 27.07.2013 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM AT CHIKODI IN MVC.NO.1848/2012, IN THE INTEREST OF JUSTICE.

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IN MFA.NO.25091/2013:

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BETWEEN:

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SMT. MAHADEVI W/O. SHIVAPPA DONGARE, AGE: 39 YEARS, OCC: NOW NIL, R/O: CHIKODI, TAL: CHIKODI, DIST: BELGAUM.

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…APPELLANT

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(BY SRI RAJENDRA R. PATIL, ADVOCATE)

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AND:

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SRI ANNASAHEB SHANKAR JOLLE, MAJOR, OCC: BUSINESS, R/O: EXAMBA, TAL: CHIKODI, DIST: BELGAUM.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISION OFFICE, BELGAUM.

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…RESPONDENTS

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(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.11,23,100/- WITH COSTS AND PROPER INTEREST FROM

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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THE DATE OF PETITION, TILL THE RELISATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 27.07.2013 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM AT CHIKODI IN MVC.NO.1850/2012, IN THE INTEREST OF JUSTICE.

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IN MFA.NO.25092/2013:

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BETWEEN:

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SMT. SHASHIKALA W/O. ANNASAHEB JOLLE, AGE: 39 YEARS, OCC: NOW NIL, R/O: EXAMBA, TAL: CHIKODI, DIST: BELGAUM – 590 001.

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…APPELLANT

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(BY SRI RAJENDRA R. PATIL, ADVOCATE)

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AND:

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SRI ANNASAHEB SHANKAR JOLLE, MAJOR, OCC: BUSINESS, R/O: EXAMBA, TAL: CHIKODI, DIST: BELGAUM – 590 001.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISION OFFICE, BELGAUM – 590 001.

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…RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.15,00,000/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE RELISATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 27.07.2013 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM AT

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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CHIKODI IN MVC.NO.1851/2012, IN THE INTEREST OF JUSTICE.

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IN MFA.NO.25093/2013:

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BETWEEN:

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SMT. UMA W/O. MALLIKARJUN GODAKHINDI, AGE: 46 YEARS, OCC; NOW NIL, R/O: EXAMBA, TAL: CHIKODI, DOST: BELGAUM.

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…APPELLANT

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(BY SRI RAJENDRA R. PATIL, ADVOCATE)

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AND:

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SRI ANNASAHEB SHANKAR JOLLE, MAJOR, OCC: BUSINESS, R/O: EXAMBA, TAL: CHIKODI, DIST: BELGAUM.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISION OFFICE, BELGAUM.

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…RESPONDENTS

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(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.11,39,600/- WITH COSTS AND PROPER INTEREST FROM THE DATE OF PETITION, TILL THE RELISATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE AWARD DATED 27.07.2013 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM AT CHIKODI IN MVC.NO.1852/2012, IN THE INTEREST OF JUSTICE.

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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IN MFA.NO.100230/2014:

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BETWEEN:

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NATIONAL INSURNCE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, BELGAUM, TQ AND DISTRICT: BELGAUM, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANTA PLAZA, KUSUGAL ROAD, HUBLI, REPRESENTED BY ITS DEPUTY MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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SMT.SHASHIKALA ANNASAHEB JOLLE, AGED ABOUT 39 YEARS, OCC: NIL, R/O: EXAMBA, TQ: CHIKODI, BELGAUM DISTRICT.

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SRI ANNASAHEB SHANKAR JOLLE, AGE: MAJOR, OCC: BUSINESS, R/O: EXAMBA, TQ: CHIKODI, BELGAUM DISTRICT.

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(OWNER OF INNOVA CAR NO.KA-23/M-1971).

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…RESPONDENTS (BY SRI RAJENDRA R. PATIL, ADVOCATE FOR R1; R2 IS SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH CASE MVC.NO.1851/2012 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM AT CHIKKODI, EXAMINE THE SAME AND MODIFIED THE AWARD DATED 27.07.2023 TO REDUCE COMPENSATION TO JUST LEVEL IN THE INTEREST OF JUSTICE.

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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.25090/2013, MFA No.25091/2013, MFA No.25092/2013, MFA No.25093/2013 are filed by the claimants for seeking enhancement of compensation.

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MFA No.100230/2014(MVC No.185/2012) is filed by

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the insurance company on the ground that the quantum of compensation awarded is excess one.

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The occurrence of accident, injuries sustained by the claimants, coverage of insurance are not in dispute in these cases.

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Heard the arguments and perused the material placed before the Court.

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5. IN MFA NO.25090/2013(MVC No.1848/2012)

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In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.

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i. Fracture to Blunt Truma to left shoulder

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ii. Fracture of left scalper

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iii.Fracture of Humatoato left thigh

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iv.Fracture of inferior ramous to right pubic and another fracture injuries to all over body.

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v. Permanent physical disability of 39% in respect of lower limb.

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The tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	1,51,000-00
2.	Towards medical expenses	21,200-00
3.	Towards pain and suffering	20,000-00
4.	Towards loss of amenities	10,000-00
5.	Towards loss of income of appellant during treatment period	3,000-00
6.	Towards loss of dependency	3,000-00
7.	Towards conveyance	3,000-00
	Total:	2,11400-00

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Considering the nature of injuries sustained,

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compensation awarded by tribunal is on lesser side.

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Therefore, the same is required to be enhanced by modifying the judgment and award.

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Considering the injuries sustained, a compensation of Rs.60,000/- is awarded towards pain and suffering and Rs.50,000/- is awarded towards loss of amenities. The compensation awarded towards medical expenses and hospital charges of Rs.21,200-00 is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.26,000/-(Rs.6,500X4) towards loss of income during laid up period for a period of 4 months, is awarded. Rs.50,000/- is awarded towards future medical expenses.

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The doctor has stated that the claimant had suffered 13% of physical disability in respect of lower limb. Claimant had suffered multiple fractures as stated above. Therefore, considering the evidence of the doctor, 25% of functional disability affecting the earning capacity of the claimant is taken into consideration.

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The accident is caused in the year 2012 that is on 07.02.2012. Therefore, notional income of Rs.6500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. 40% of income is to be added. Therefore appropriate applicable multiplier

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is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.6,500/-+2600/(40% of Rs.6,500/-)X25/100X14X12 =Rs.3,82,800/-.

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Thus, the claimant is entitled for total compensation

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under various heads as under:

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	3,82,200-00
2.	Towards medical expenses	21,200-00
3.	Towards pain and suffering	60,000-00
4.	Towards loss of amenities	50,000-00
5.	Towards loss of income of appellant during treatment period	26,000-00
6.	Towards incidental expenses	15,000-00
7.	Towards future medical expenses	50,000-00
	Total:	6,04,400-00

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Therefore, the claimant is entitled for total

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compensation of Rs. 6,04,400-00 , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs. 2,11,400-00 awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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Claimant is not entitled for interest for the delayed

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period of 31 days in filing the appeal.

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14. IN MFA NO.25091/2013(MVC No.1850/2012)

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In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.

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i. Multiple fracture Hip Right Side

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ii. Fracture of Superior and Inferior Pubi Rami right and left both side.

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iii. Fracture to second and third ribs of right chest wall and also all over the body.

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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iv. Permanent physical disability of 30% in respect of Pelvis and both lower limbs.

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The tribunal has awarded compensation under various heads as under:

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	1,19,340-00
2.	Towards medical expenses	18,480-00
3.	Towards pain and suffering	20,000-00
4.	Towards loss of amenities	10,000-00
5.	Towards loss of income of appellant during treatment period	3,000-00
6.	Towards loss of dependency	3,000-00
7.	Towards conveyance	3,050-00
	Total:	1,76,900-00

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Considering the nature of injuries sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

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Considering the injuries sustained, a compensation of Rs.60,000/- towards pain and suffering, Rs.50,000/towards loss of amenities are awarded. The compensation

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awarded towards medical expenses and hospital charges of Rs.18,480-00 is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.26,000/-(Rs.6,500X4) towards loss of income during laid up period for a period of 4 months, is awarded. Rs.50,000/- is awarded towards future medical expenses.

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The doctor has stated that the claimant had suffered 30% of physical disability in respect of Pelvis and both lower limbs. Claimant being a coolie had suffered multiple fractures as stated above which affects his day to day work. Therefore, considering the evidence of the doctor, 25% of functional disability affecting the earning capacity of the claimant is taken into consideration.

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The accident is caused in the year 2012 that is on 07.02.2012. Therefore, notional income of Rs.6500/- per month is taken into consideration, which is recognized by

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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the Karnataka State Legal Service Authority. The claimant was aged 50 years at the time of accident. 40% of income is to be added. Therefore appropriate applicable multiplier

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is 14. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.6,500/-+2600/(40% of Rs.6,500/-)X25/100X13X12 =Rs.3,54,900/-.

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Thus, the claimant is entitled for total compensation

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under various heads as under:

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	3,54,900-00
2.	Towards medical expenses	18,480-00
3.	Towards pain and suffering	60,000-00
4.	Towards loss of amenities	50,000-00
5.	Towards loss of income of appellant during treatment period	26,000-00
6.	Towards incidental expenses	15,000-00
7.	Towards future medical expenses	50,000-00
	Total:	5,74,380-00

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Therefore, the claimant is entitled for total compensation of Rs. 5,74,380-00 , along with interest at the rate of 6% p.a. from the date of filing of the petition

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till realization, as against Rs. 1,76,900-00 awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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Claimant is not entitled for interest for the delayed

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period of 31 days in filing the appeal.

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23. IN MFA NO.25092/2013 and MFA NO.100230/2014 (MVC No.1851/2012)

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In MFA No.25092/2013, from the medical evidence

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on record, it is proved that the claimant had suffered the

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following injuries.

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i. Compound communicated pelvic and hip right side.

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ii. Astasular fracture of central dislocation of femur head.

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iii. Other fractured injuries to all over the body.

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iv. Permanent physical disability of 40% in respect of lower limb.

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The tribunal has awarded compensation under various heads as under:

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	5,40,000-00
2.	Towards medical expenses	3,42,407-00
3.	Towards pain and suffering	50,000-00
4.	Towards loss of amenities	25,000-00
5.	Towards loss of income of appellant during treatment period	15,000-00
6.	Towards loss of dependency	15,000-00
7.	Towards conveyance	12,550-00
	Total:	10,00,000-00

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In the present case, the Tribunal by holding income of injured at Rs.12,000/- per month, considering the 25% as functional disability awarded compensation under the head loss of future income due to disability.

¶149

Learned counsel for the insurance company submitted that the claimant is being looking after financial institutions and educational institutions and now she is a sitting MLA. Therefore, there could not be any loss of future income due to disability. Hence, compensation cannot be granted under the head loss of future income/earning capacity due to disability.

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¶151

In the present case, the claimant is doing financial business and also managing and controlling the educational institutions and it is submitted that now claimant is a sitting MLA. There is no evidence that due to the disability occurred to the claimant, income is decreased, considering the nature of avocation/profession, there could not be a loss of income due to disability just because some percentage of physical disability occurred that cannot be a ground to grant compensation under the head loss of future income or earning capacity due to accident. If claimant had lost her income due to physical disability, then only, the compensation can be awarded under the head loss of income due to disability. But, there is no evidence that the claimant had lost or there is decrease in her income due to disability. Therefore, compensation under the head loss of future income due to disability cannot be awarded just because disability occurred to the claimant. Therefore, in this regard, Tribunal has committed an error in not following the above

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principles of law established as per the decision of Hon’ble Supreme Court in the case of Raj Kumar vs. Ajay Kumar and another¹ and in catena of decisions. Therefore, the compensation awarded under the head loss of future income due to disability is hereby set aside.

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The compensation amount awarded under the head medical expenses and hospital charges is as per actual bills and hence the same is kept intact.

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Further, compensation of Rs.60,000/- is awarded

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under the head injuries, pain and suffering.

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Further, compensation of Rs.1,00,000/- is awarded under the head loss of amenities.

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The compensation granted towards loss of income during laid up period is hereby set aside, since, claimant has not sustained any loss during laid up period.

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1 (2011) 1 SCC 343

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32. Compensation under the head loss of dependency is

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set aside as it is not warranted under the injury cases.

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Further compensation of Rs.50,000/- is awarded

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under the head incidental expenses.

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Thus, the claimant is entitled for total compensation

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under various heads as under:

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Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	-Nil-
2.	Towards medical expenses (kept intact)	3,42,407-00
3.	Towards pain and suffering	60,000-00
4.	Towards loss of amenities	1,00,000-00
5.	Towards loss of income of appellant during treatment period	-Nil-
6.	Towards incidental expenses	50,000-00
	Total:	5,52,407-00

¶169

Therefore, the claimant is entitled for total

¶170

compensation of Rs. 5,52,407-00 , along with interest at

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the rate of 6% p.a. from the date of filing of the petition

¶172

till realization, as against Rs. 10,00,000-00 awarded by

¶173

the Tribunal. The Insurance Company is directed to

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶176

deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶177

Claimant is not entitled for interest for the delayed period of 31 days in filing the appeal.

¶178

Hence, appeal filed by the insurance company is

¶179

allowed in part and claimant’s appeal is dismissed.

¶180

The excess amount paid by insurance company shall

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be refunded to the insurance company.

¶182

39. IN MFA NO.25093/2013(MVC No.1852/2012)

¶183

In the present case, from the medical evidence on

¶184

record, it is proved that the claimant had suffered the following injuries.

¶185

i. Crushed injury to right ear

¶186

ii. Cartilage Exposis bleeding present

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iii. Fracture of left radius and ulna

¶188

iv. Abrasion of 3X4 cm over the right chick and another fracture injuries to all over the body.

¶189

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NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶191

v. Permanent physical disability of 18% in respect of lower writ.

¶192

The tribunal has awarded compensation under

¶193

various heads as under:

¶194

Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	91,800-00
2.	Towards medical expenses	29,543-00
3.	Towards pain and suffering	20,000-00
4.	Towards loss of amenities	10,000-00
5.	Towards loss of income of appellant during treatment period	3,000-00
6.	Towards loss of dependency	3,000-00
7.	Towards conveyance	3,050-00
	Total:	1,60,400-00

¶195

Considering the nature of injuries sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.

¶196

Considering the injuries sustained, a compensation of

¶197

Rs.40,000/- towards pain and suffering, Rs.30,000/-

¶198

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¶199

towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.29,543-00 is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- is awarded towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.19,500/-(Rs.6,500X3) towards loss of income during laid up period for a period of 3 months, is awarded. Rs.15,000/- is awarded towards future medical expenses.

¶200

The doctor has stated that the claimant had suffered 18% of physical disability in respect of lower wrist. The Tribunal is correct in holding functional disability.

¶201

The accident is caused in the year 2012 that is on 07.02.2012. Therefore, notional income of Rs.6500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 30 years at the time of accident. Therefore appropriate applicable multiplier is 17. Hence, loss of

¶202

22 -

¶203

NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶204

future income due to disability is hereby reassessed and quantified as Rs.6,500/-X10/100X17X12 =Rs.1,32,600/-.

¶205

Thus, the claimant is entitled for total compensation

¶206

under various heads as under:

¶207

Sl.	Heads.	Amount
No.		(Rs.)
1.	Towards loss of future income	1,32,600-00
2.	Towards medical expenses	29,543-00
3.	Towards pain and suffering	40,000-00
4.	Towards loss of amenities	30,000-00
5.	Towards loss of income of appellant during treatment period	19,500-00
6.	Towards incidental expenses	15,000-00
7.	Towards future medical expenses	15,000-00
	Total:	2,81,643-00

¶208

Therefore, the claimant is entitled for total compensation of Rs. 2,81,643-00 , along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs. 1,60,400-00 awarded by the Tribunal. The Insurance Company is directed to deposit

¶209

23 - NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶210

the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶211

Claimant is not entitled for interest for the delayed period of 31 days in filing the appeal.

¶212

In the result, I proceed to pass the following:

¶213

ORDER

¶214

i) MFA No.25090/2013(MVC No.1848/ 2012), MFA No.25091/2013 (MVC No.1850/ 2012) and MFA No.25093/2013(MVC No.1852/ 2012 filed by the claimants are allowed in part.

¶215

ii) MFA No.25092/2013 (MVC No.1851/ 2012) filed by the claimant is dismissed.

¶216

iii)MFA No.100230/2014 (MVC No.1851/ 2013) filed by the insurance company is allowed in part.

¶217

iv) The common judgment and award dated 27.11.2013 passed in MVC Nos. 1848/2012, 1850/2012, 1851/2012 and 1852/2012 is stands modified.

¶218

24 -

¶219

NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶220

v)Appellant-claimant in MVC No.1848/ 2012 is entitled for compensation of Rs.6,04,400/- as against Rs.2,11,400/-.

¶221

vi)Appellant-claimant in MVC No.1850/2012 is entitled for the compensation of Rs. 5,74,380/- as against Rs.1,76,900/-.

¶222

vii)Appellant-claimant in MVC No.1851/2012 is entitled for the compensation of Rs.5,52,407/- as against Rs.10,00,000/- .

¶223

viii)MFA No.100230/2014(MFA No.1851/ 2012) filed by the insurance company is allowed in part, by decreasing the rate of interest from 8% to 6% on the compensation awarded by the Tribunal in MFA No.25092/2013.

¶224

ix) Appellant-claimant in MVC No.1852/2012 is entitled for the compensation of Rs.2,81,643/- as against Rs.1,60,400/- .

¶225

25 -

¶226

NC: 2023:KHC-D:8724 MFA No. 25090 of 2013 C/W MFA No. 25091 of 2013, MFA No. 25092 of 2013, MFA No. 25093 of 2013, MFA No. 100230 of 2014

¶227

x) The claimants are entitled for interest at the rate of 6% per annum from the date of petition till its realization on compensation awarded.

¶228

xi) The claimants are not entitled for interest for the delayed period of 31 days in filing the appeal respectively.

¶229

xii) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

¶230

xiii) Send back the trial Court records along with a copy of this judgment.

¶231

xiv) No order as to costs.

¶232

xv) Draw award accordingly.

¶233

SD/JUDGE

¶234

HMB

¶235

List No.: 2 Sl No.: 19 CT-ASC

National Insurance Co.Ltd., v. Shashikala Annasaheb Jolle

Case brief

What is this about?

What did the court decide?

National Insurance Co.Ltd., v. Shashikala Annasaheb Jolle

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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