The High Court of Karnataka dismissed an appeal by an insurance company challenging the compensation quantum awarded for the death of a minor child in a motor vehicle accident. The court held the Tribunal's award was just and proper.
The appeal was dismissed; the Tribunal's judgment and award dated 14.09.2012 were confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:12009 MFA No. 20454 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.20454/2013(MV)
BETWEEN:
UNITED INDIA INSURANCE CO., LTD., DIVISIONAL OFFICE, SEETA SMRUTHI, MARUTI GALLI, BELGAUM, REPRESENTED BY ITS SR. DIVISIONAL MANAGER.
…APPELLANT
(BY SRI R. R. MANE, ADVOCATE)
AND:
Digitally signed by BHARATHI H M
…RESPONDENTS
(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 14.09.2012 PASSED BY THE FAST TRACK COURT – II AND ADDITIONAL MACT, BELGAVI, IN MVC NO.961/2012.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC-D:12009 MFA No. 20454 of 2013
JUDGMENT
The appeal is filed by the insurance company praying to reduce the quantum of compensation.
deceased in the said accident and coverage of insurance are not in dispute.
determined on the basis of principles of law laid down by the Hon’ble Supreme Court in the case of KISHAN GOPAL
VS. LALA AND OTHERS reported in (2014)1 SCC 244. Therefore, the quantum of compensation awarded by the Tribunal is found to be just and proper as the claimants are not aggrieved by the quantum of compensation. Therefore, the appeal is liable to be dismissed on the quantum.
the Tribunal along with rate of interest is found to be justified. Hence, I pass the following:
ORDER
i) Appeal is dismissed.
ii) The judgment and award dated 14.09.2012 passed by the Fast Track Court II and Addl. MACT., Belagavi is confirmed.
NC: 2023:KHC-D:12009 MFA No. 20454 of 2013
iii) Amount in deposit shall be transferred to the Tribunal forthwith.
SD/JUDGE
HMB
List No.: 2 Sl No.: 1 CT-ASC
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal in a motor vehicle accident case involving death of a minor child is just and proper.
Whether the appeal filed by the insurance company to reduce the compensation should succeed.
Whether the compensation awarded by the Tribunal along with interest needs to be maintained.
Colour shows how this judgement treated each authority
Kishan Gopal Vs. Lala and OthersReferred¶30
(2014)1 SCC 244 · Who else cites this
United India Insurance Co., Ltd.
Appasaheb Mallappa Patil
Smt. Rajashree W/O. Appasaheb Patil
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
