Partly allowed

Ashok v. Universal Sompo General Insurance Co. Ltd.

Karnataka HC10 Jan 2023MFA/2400/2017

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, modifying the impugned award by directing the insurance company to pay an additional global compensation of Rs. 40,000/- and interest to the appellant, while denying interest for the 599-day delay in filing the appeal due to a medical emergency.

What did the court decide?

Additional global compensation of Rs. 40,000/- and interest from the date of filing of the petition until realization.

Ashok Vs Universal Sompo General Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2023)

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MFA No. 2400 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2400 OF 2017 (MV-I)

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BETWEEN:

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ASHOK S/O. BOREGOWDA, AGED ABOUT 38 YEARS, R/AT GOORAMARANAHALLI EXTENSION, WARD NO.1, B.M. ROAD, CHANNARAYAPATNA, HASSAN DISTRICT-573 201.

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…APPELLANT

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

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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AND:

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UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., CITY TRADE CENTRE, 1ST FLOOR, IN FRONT OF CITY HOSPITAL, KADRI, MANGALORE-575 003.

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B. R. ASHOK S/O. RAMEGOWDA, AGED ABOUT 32 YEARS, K.BELAGULI VILLAGE, KUNDUR POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, PIN-573 201.

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…RESPONDENTS

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(BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R1., R2-NOTICE D/W V/O DTD:17/04/2018)

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MFA No. 2400 of 2017

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.04.2015 PASSED IN MVC NO.1508/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is filed under Section-173(1) of the Motor

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Vehicles Act 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant–claimant, calling in question the judgment and award dated 27.04.2015, passed in M.V.C.No.1508/2013, on the file of the Senior Civil Judge, at Channarayapatna (hereinafter referred to as ‘the Tribunal’ for brevity) for seeking enhancement of the compensation.

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Brief facts:

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On 26.06.2013 at about 11.45 p.m., he was

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proceeding on a motor cycle bearing registration No.KA-

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MFA No. 2400 of 2017

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04-ER-3623 on the left side of B.M. road, in front of Prabath Store. At that time, the driver of canter lorry bearing registration No.KA-19-C-1009 came in high speed, rash and negligent manner and without giving any signal turned the lorry towards Kote road and dashed against the motor cycle. As a result of it, the claimant sustained grievous injuries.

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Hence, a claim petition was filed by the appellantclaimant under Section-166 of the M.V. Act, claiming compensation for the injuries suffered in the accident. The Tribunal on appreciating the materials on record, allowed

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the claim petition in part, and awarded a compensation of Rs.1,50,000 /-, along with interest at 6% per annum from the date of petition till the date of realisation. The Tribunal held the respondents therein, liable to pay the compensation.

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MFA No. 2400 of 2017

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4. Heard arguments of the learned counsel for the

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appellant-claimant and the learned counsel for respondent No.1 – insurance company and perused the materials on record.

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The compensation awarded by the Tribunal is

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as follows:

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Pain and Sufferings	: Rs.	30,000/-
Medical, Conveyance and Nourishment expenses	: Rs.	70,000/-
Disability	: Rs.	30,000/-
Future Medical Expenses	: Rs.	10,000/-
Loss of amenities and enjoyment of life	: Rs.	10,000/-
TOTAL	: Rs.	1,50,000/-

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As per the Wound Certificate at Exhibit-P3,

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Discharge Summary and Exhibit-P9 and P10, coupled with the evidence of PW-2, Doctor and the documentary evidence, it is proved that the claimant had suffered the

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following injury:

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MFA No. 2400 of 2017

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i. Fracture of skull, parietal bone and occipital bone,

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ii. Fracture of lateral Epicondyle,

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iii. Fracture of Lateral Condyle, 8^th rib right,

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The aforesaid injuries are grievous in nature.

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The Doctor has stated that the claimant has suffered 12% permanent limb disability. But the Tribunal has granted a global compensation of Rs.30,000/- towards disability. Further, the Tribunal has not calculated compensation by considering the parameters of income, percentage of disability and relevant multiplier. Therefore, on this ground the quantum of award is liable to be modified by enhancing the compensation. Further, the Tribunal has not granted compensation towards laid up period. That is also to be compensated. Therefore, considering the nature of injuries sustained on overall parameters granted, considering the present compensation, it is just and appropriate to grant an additional global compensation of Rs.40,000/- , in addition to what has been awarded by

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MFA No. 2400 of 2017

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the Tribunal along with interest at 6% per annum from the

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date of filing of the petition till realization. The Insurance Company is directed to deposit the amount of total compensation within Eight Weeks from the date of receipt of the certified copy of this judgment.

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Accordingly, I pass the following:

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ORDER

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i. The appeal is allowed in part .

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ii. The impugned judgment and award dated 27.04.2015, passed in M.V.C.No.1508/2013, on the file of the Senior Civil Judge, at Channarayapatna is modified to the aforesaid extent.

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iii. The appellant – claimant is granted an additional global compensation of Rs.40,000/- , along with interest at 6% per annum from the date of filing of the petition till realization, in

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MFA No. 2400 of 2017

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addition to what has been awarded by the Tribunal. However, the appellant-claimant is not entitled for interest for the delayed period of 599 days, in filing the appeal.

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iv. Respondent No.1 – insurance company shall pay the compensation to the appellant/claimant.

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v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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vi. Draw award accordingly. vii. No order as to costs.

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Sd/JUDGE

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List No.: 2 Sl No.: 25

Ashok v. Universal Sompo General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Ashok v. Universal Sompo General Insurance Co. Ltd.

Case brief

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What did the court decide?

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