Allowed

United India Insurance Co. Ltd. v. Sri. Chandrapa

Karnataka HC1 Mar 2024MFA/1110/2016

Case brief

AI extract

What is this about?

The High Court allowed an appeal filed by the Insurance Company against the Tribunal's judgment enhancing compensation for an accident. The Court rectified a clerical error in the Tribunal's operative portion where 'additional compensation' was handwritten instead of 'enhanced compensation', directing the payment of Rs. 10,30,000 with 6% interest.

What did the court decide?

Appellant appeal allowed; Tribunal judgment modified to direct payment of enhanced compensation of Rs. 10,30,000 with 6% interest.

United India Insurance Co. Ltd. Vs Sri. Chandrapa — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:8626 MFA No. 1110 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO.1110 OF 2016(MV-I)

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BETWEEN:

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UNITED INDIA INSURANCE CO. LTD., YESHWANTHPURA BRANCH OFFICE, THROUGH ITS REGIONAL OFFICE, NO.18, 5^TH AND 6^TH FLOORS, KRISHIBHAVAN, HUDSON CIRCLE, BANGALORE-560 001. REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SRI. JANARDHAN REDDY., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SRI. CHANDRAPA S/O SRI. NARAYANAPPA, AGED ABOUT 50 YEARS, R/AT NARAYANAPURA VILLAGE, BETTALASUR POST, BANGALORE NORTH TALUK, BANGALORE - 562 157.

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SRI. C.SRINIVAS MAJOR IN AGE, R/AT NO.240, 1^ST MAIN ROAD, SHIVANAGAR, RAJAJINAGAR, BANGALORE-560 010. (OWNER OF THE AUTO RICKSHAW NO.KA-02-B-7912).

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…RESPONDENTS

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(R1-SERVED AND UNREPRESENTED; NOTICE TO R2 - DISPENSED WITH V/O DATED:07.11.2023)

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NC: 2024:KHC:8626 MFA No. 1110 of 2016

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:08.07.2015 PASSED IN MVC NO.6593/2006 ON THE FILE OF THE MEMBER, MACT AND XX ADDITIONAL SMALL CAUSE JUDGE, BENGALURU.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.Janardhan Reddy., learned counsel for the appellant has appeared in person.

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Notice to the respondents were ordered on 21.07.2016. A perusal of office note depicts that respondent No.1 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as party in person.

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Though the appeal is listed today for admission, with the consent of learned counsel for the appellant, it is heard finally.

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Sri.Janardhan Reddy., learned counsel for the appellant in presenting his arguments submits that the Tribunal

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3 - NC: 2024:KHC:8626 MFA No. 1110 of 2016

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had awarded compensation amount of Rs.5,70,000/- (Rupees Five Lakh Seventy Thousand only). On remand, the Tribunal has enhanced the compensation amount to Rs.10,30,000/(Rupees Ten Lakh Thirty Thousand only). However, in Paragraph 22 and operative portion of the Judgment, it is hand written as additional compensation amount of Rs.10,30,000/(Rupees Ten Lakh Thirty Thousand only). He argued by saying that the Tribunal instead of saying Enhanced Compensation amount, it has been hand written as Additional Compensation and the same is liable to be corrected as Enhanced Compensation and not as Additional Compensation.

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Heard, the contentions urged by learned counsel for the appellant and perused the appeal papers and the records with utmost care.

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Suffice it to note that after remand, the Tribunal extenso referred to the material on record and awarded compensation of Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only).

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In paragraph 22 and the operative portion of the Judgment, it is hand written as petitioner is entitled for

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NC: 2024:KHC:8626 MFA No. 1110 of 2016

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"additional" compensation of Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only). The Tribunal instead of saying that the claimant is entitled for Enhanced Compensation of Rs.10,30,000/- has wrongly hand written as Additional Compensation. The same requires rectification. Accordingly, it is rectified that the claimant is entitled for Enhanced Compensation of Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only) from Rs.5,70,000/- (Rupees Five Lakh Seventy Thousand only). Therefore, the Insurance Company is liable to pay "Enhanced Compensation" of Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only).

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Having regard to the facts and circumstances of the case and the prevailing rate of interest during the relevant time, this Court deems it appropriate to award interest at the rate of 6% per annum on the enhanced compensation amount from the date of claim petition till realization.

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Resultantly, the Miscellaneous First Appeal is allowed . The Judgment dated:08.07.2015 passed by the Tribunal in MVC No.6593/2006 is modified holding that the Insurance Company is liable to pay Enhanced Compensation of

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NC: 2024:KHC:8626 MFA No. 1110 of 2016

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Rs.10,30,000/- (Rupees Ten Lakh Thirty Thousand only) with interest at the rate of 6% per annum from the date of petition till realization.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 39

United India Insurance Co. Ltd. v. Sri. Chandrapa

Case brief

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United India Insurance Co. Ltd. v. Sri. Chandrapa

Case brief

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