Mr. Parveez Ahmed v. the Managing Director
Case brief
What is this about?
In a miscellaneous first appeal against a motor accident compensation award, the Karnataka High Court enhanced compensation and reduced the claimant's contributory negligence from 40% to 20%, apportioning 80% liability to the insurance company.
What did the court decide?
Enhanced compensation amount fixed at Rs. 19,86,918/- payable by insurer with 6% interest.
What the court decided
- 1 -
NC: 2023:KHC:45952 MFA No. 4352 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 4352 OF 2019 (MV-I)
BETWEEN:
MR. PARVEEZ AHMED S/O MR JALEEL HUSSAIN AGED ABOUT 32 YEARS, OCC: FOOTWEAR SHOP R/AT NO.51, 17TH CROSS, BENGALURU-560 045
…APPELLANT
(BY SRI. SURESH M LATUR.,ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
- THE MANAGING DIRECTOR M/S EXCEL HEALTH & FITNESS NO.38/12, 3RD CROSS, WILSON GARDEN BENGALURU-560 027 NEW ADDRESS: NO.33 GROUND FLOOR, 2ND MAIN, VYALIKAVAL BENGALURU-560 003
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the tribunal is justified and needs enhancement given the extent of disability.
Whether contributory negligence was correctly apportioned between the claimant and the insurer.
Whether loss of future income needs recalibration considering the claimant's complete disability.
Parties & counsel
- appellant
MR. PARVEEZ AHMED
- respondent
THE MANAGING DIRECTOR M/S EXCEL HEALTH & FITNESS
- respondent
M/S ICICI LIMBARD GENERAL INSURANCE COMPANY LIMITED
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- MFA/4352/2019
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