Partly allowed

United India Insurance Co. Ltd., v. Smt. Yashodamma

Karnataka HC18 Nov 2023MFA/2264/2018

Case brief

AI extract

What is this about?

In this motor accident case, an insurance company appealed against a tribunal award of Rs.6,21,200 for a minor's death. The High Court held that the loss of dependency amount was excessive and re-laid the compensation at Rs.5,41,235 with interest at 6% per annum, allowing the appeal in part.

What did the court decide?

Compensation reduced to Rs.5,41,235 (down from Rs.6,21,200) and interest rate reduced to 6% per annum. Appellant directed to deposit the revised amount with the Tribunal within eight weeks.

United India Insurance Co. Ltd., Vs Smt. Yashodamma — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:41973 MFA No. 2264 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2264 OF 2018 (MV-D)

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BETWEEN:

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UNITED INDIA INSURANCE CO. LTD., MMK COMPLEX, P.J. EXTENSION, DAVANAGERE,

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THROUGH ITS REGIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD., 6^TH FLOOR, KRISHI BHAVAN BUILDING, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU-560 009, REP. BY ITS DIVISIONAL MANAGER SRI. SURENDRA P GAONKAR.

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…APPELLANT

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(BY SRI B.C. SEETHARAMA RAO,ADVOCATE)

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. YASHODAMMA W/O. SRI. YALLAPPA AGED ABOUT 29 YEARS RESIDENTS OF HALEKALLAHALLY KASABA HOBLI, CHITRADURGA TALUK - 577501

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SRI. H. YALLAPPA S/O. SRI. HANUMANTHAPPA AGED ABOUT 33 YEARS, RESIDENTS OF HALEKALLAHALLY, KASABA HOBLI, CHITRADURGA TALUK- 577501

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2 - NC: 2023:KHC:41973 MFA No. 2264 of 2018

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SRI. G. YOGESH S/O. M. R. GNANAMURTHI AGED ABOUT 31 YEARS, OCC: ASSISTANT PROFESSOR, SRINIVASA SCHOOL OF ENGINEER COLLEGE, MANGALORE - 575001 (OWNER-CUM-DRIVER OF CAR NO. KA.19/MB-8036) OR HOUSE NO. 389/G-26, OPP: BHUMIKA NAGARA, NEAR: SAIBABA TEMPLE, S.S. HOSPITAL ROAD, JAYANAGARA, DAVANAGERE - 577001.

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…RESPONDENTS (BY SRI.B.C. SHIVARAMME GOWDA FOR; SRI. R. SHAHIDHARA FOR R1 - R3;

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2018 PASSED IN MVC NO.224/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, AWARDING COMPENSATION OF RS.6,21,200/- WITH INTEREST AT 9% P.A. FROM THE DATE OF FILING THE PETITION TILL THE REALIZATION OF ENTIRE AMOUNT.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2023:KHC:41973 MFA No. 2264 of 2018

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JUDGMENT

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This is an appeal filed by the Insurance Company aggrieved by the award passed in MVC.No.224/2017 dated 03.01.2018 on the file of the Prl. Senior Civil Judge & CJM, Chitradurga.

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2. The claim petition is filed seeking compensation

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for the death of minor daughter of the claimant who was six years old as on the date of the accident. The Tribunal towards loss of dependency had granted an amount of Rs.5,60,000/-, towards medical expenses granted an amount of Rs.41,235/-, towards pain and agony granted an amount of Rs.20,000/-. Altogether compensation of an amount of Rs.6,21,235/which is rounded of to Rs.6,21,200/- was granted by the MACT.

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3. Learned counsel for the Insurance Company

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submits that the amount that was arrived by the Tribunal is contrary to the settled law. He submits that the Court below has observed that the earlier Judgment of Hon'ble

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4 - NC: 2023:KHC:41973 MFA No. 2264 of 2018

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Apex Court in the case of Kishangopal and another - Vs- Lala and others¹ has considered notional income at

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an amount of Rs.30,000/- and by applying multiplier 17 granted an amount of Rs.5,10,000/- under the head of loss of dependency and an amount of Rs.50,000/- under the conventional heads, towards loss of love and affection and funeral expenses i.e., (Rs.5,10,000/- + Rs.50,000/=Rs.5,60,000/-). Altogether compensation of an amount of Rs.5,60,000/- is granted under the said head.

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Learned counsel for the Insurance Company submits that the court below without considering the law laid down by the Hon'ble Apex Court, had granted the compensation of an amount of Rs.6,21,235/-. It is submitted that the compensation is unreasonable. Learned counsel submits that the court below had granted interest at 9% which is exorbitant.

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1 2014 (1) SCC 244

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5 - NC: 2023:KHC:41973 MFA No. 2264 of 2018

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There is no representation on behalf of the respondents. By referring the Judgment of Hon'ble Apex

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Court in the case of Kishan Gopal & another case referred supra , and another case of Kurvan Ansari @Kurvan Ali & another -Vs- Shyam Kishore Murmu &

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another² and later in the case of Meenadevi -VsLuluchand Mehtho³ , the court below had granted compensation of an amount of Rs.5,60,000/- towards of loss of dependency. By applying the ratio referred supra, under the head of loss of dependency, they are entitled for an amount of Rs.4,50,000/-. Towards other conventional heads this court is inclined to grant an amount of Rs.50,000/-. In this case, an amount of

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Rs.41,235/- is spent towards medical expenses and this court finds no reasons to interfere. Altogether the claimant is entitled for an amount of Rs.5,41,235/- at

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6% interest.

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2 2022 (1) SCC 317

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3 2023 (1) SCC 204

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6 - NC: 2023:KHC:41973 MFA No. 2264 of 2018

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The claimant is entitled for compensation under

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the following heads:

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Sl. No.	Description of Items	C	ompensation Awarded
1.	Loss of dependency	Rs.	4,50,000/-
2.	Conventional heads	Rs.	50,000/-
3.	Medical Expenses	Rs.	41,235/-
	Total	Rs.	5,41,235/-

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Accordingly, the appeal filed by the Insurance

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Company is Allowed-in-part by reducing the

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compensation from an amount of Rs.6,21,235/- to a sum of Rs.5,41,235/-. The Interest on compensation amount

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is reduced from 9% to 6%.

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(a) Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks.

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(b) The amount in deposit shall be forth transmitted to the court below.

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NC: 2023:KHC:41973 MFA No. 2264 of 2018

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(c) The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay.

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(d) No Costs.

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Pending miscellaneous petitions, if any, shall

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stand closed.

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SD/JUDGE

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TS List No.: 1 Sl No.: 130

United India Insurance Co. Ltd., v. Smt. Yashodamma

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd., v. Smt. Yashodamma

Case brief

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What did the court decide?

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