First appeal by insurance company against motor accident award reducing compensation from Rs. 13.71 lakhs to Rs. 10.07 lakhs by re-assessing notional income and future prospects, while retaining 70:30 liability split.
Compensation reduced to Rs. 10,07,690/- with 6% interest. 70:30 liability split retained.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1040 OF 2019 (MV-I)
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
THE MANAGER (LEGAL) BHARATHI AXA GIC LTD., D-29/1, 1ST FLOOR, No.2951/A, TEMPLE ROAD, VANIVILAS MOHALLA, MYSORE NORTH, MYSORE. NOW REPRESENTED BY ITS LEGAL MANAGER, BHARATHI AXA GIC LTD., HOSTO CENTRE, 1ST FLOOR, NO.43, MILLERS ROAD, VASANTH NAGAR, OPP. IMPERIAL HOTEL, BANGALORE – 560 052. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND:
NC: 2024:KHC:27700 MFA No. 1040 of 2019
DUDDA HOBLI, MANDYA TALUK & DISTRICT – 590 735.
…RESPONDENTS
(BY SRI.N.S.BHAT, ADVOCATE FOR R1; SRI.DORESWAMACHAR S.P., ADVOCATE FOR R2; NOTICE TO R3 IS DEEMED TO SERVED VIDE ORDER DATED 07.12.2023; R3 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO.162/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE CJM, MANDYA, AWARDING COMPENSATION OF RS.13,71,890/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 10.08.2018 in MVC No.162/2016, passed by the learned I Addl. Senior Civil Judge & CJM, Mandya.
of the liability assigned to the insurance company and 30% to the owner of the offending vehicle. The insurance company is appealing the quantum of compensation and its liability.
• Swelling, tenderness, irregular lacerated wound, and abrasion of skin over the upper third of the right thigh extending to the right inguinal region.
• Swelling, tenderness, irregular lacerated wound, and aversion of skin below the first wound.
• Swelling, tenderness, irregular lacerated wound over both forearms.
• Swelling, tenderness, lacerated wound over the right wrist and abrasion.
• Swelling, tenderness, lacerated wound over the right
knee.
NC: 2024:KHC:27700 MFA No. 1040 of 2019
the claimant was an active sportsman, as evidenced by the certificates produced at Exhibits P19 to 39, which are undisputed.
| 7. Given the nat re-assessment of the notional by the Tribunal is reassessed |
ure of in income, the as follows: |
juries sustained and compensation awarded |
|---|---|---|
| Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
| Loss on disability | 12,09,600 | 6,80,400 |
| Medical expenses | 1,07,290 | 1,07,290 |
| Pain and sufferings | 20,000 | 75,000 |
| Loss during laid up period and future medical expenses |
25,000 | 45,000 (9000*5) |
| Food, diet, transportation etc |
10,000 | 50,000 |
| Loss of amenities | - | 50,000 |
| Total | 13,71,890 | 10,07,690 |
NC: 2024:KHC:27700 MFA No. 1040 of 2019
Sd/JUDGE
RKA
1 issue framed by the court
What is the correct quantum of compensation for the claimant's injuries and disability?
2 provisions across 1 enactments
THE MANAGER (LEGAL) BHARATHI AXA GIC LTD.
SADANA G.N.
CHANDRASHEKAR G.B.
VENKATESH M.Y.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
