Partly allowed

M/s Universal Sompo General Insurance Company Limited v. Kiran Kumar

Karnataka HC2 Dec 2024MFA/1884/2020

Case brief

AI extract

What is this about?

Insurer appealed the Tribunal's injury compensation award under Section 173(1) MV Act. The court reduced disability to 15%, adopted KSLSA notional income of Rs.11,000 for 2017, revised head-wise compensation, affirmed medical, conveyance and future treatment amounts, and set total at Rs.9,18,500 with 6% interest.

What did the court decide?

Claimant entitled to Rs.9,18,500 with 6% p.a. interest; insurer to deposit within two months; amount in deposit transferred to Tribunal.

M/s Universal Sompo General Insurance Company… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.1884 OF 2020(MV-I)

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BETWEEN:

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M/S. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED BRANCH, OPP. CITY HOSPITAL KADRI, MANGALORE – 575003 NOW REP. BY ITS MANAGER M/S. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED PLOT NO.EL94, T.T.C. INDUSTRIAL AREA MIDC, MAHAPE NAVI MUMBAI – 4700701

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…APPELLANT

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(BY SRI B. C. SHIVANNE GOWDA, ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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KIRAN KUMAR SINCE DIED REPRESENTED BY LEGAL HEIRS

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1(A) SMT. GEETHA AGED ABOUT 43 YEARS W/O. SHEKAR R/AT: BANDIMUTTA BALEHONNUR, N.R.PURA TALUK CHICKMAGALORE DISTRICT – 577 112

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1(B) SHRI SHEKAR S/O. CHELLAMUTHU AGED ABOUT 60 YEARS R/AT: BANDIMUTTA BALEHONNUR, N.R.PURA TALUK CHICKMAGALORE DISTRICT – 577 112

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2 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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1(C) SHRI ARAVIND S. S/O. SHEKAR AGED ABOUT 24 YEARS R/AT: BANDIMUTTA BALEHONNUR, N.R.PURA TALUK CHICKMAGALORE DISTRICT – 577 112

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1(D) SHRI SADASHIVA S. S/O. SHEKAR AGED ABOUT 23 YEARS R/AT: BANDIMUTTA BALEHONNUR, N.R.PURA TALUK CHICKMAGALORE DISTRICT – 577 112

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KRISHNAMURTHY

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S/O. VISHWANATHBHAT M. S. AGED ABOUT 81 YEARS R/AT PTN COLONY NEAR GANAPATHI TEMPLE HASSAN

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…RESPONDENTS

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(BY SRI P. K. SHRIKARA, ADVOCATE FOR R-2; SRI ABHISHEK N. N., ADVOCATE FOR R-1(A TO D))

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2019 PASSED IN MVC NO.361/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, N. R. PURA, AWARDING COMPENSATION OF RS.9,60,900/WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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3 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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ORAL JUDGMENT

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The insurer is in appeal questioning the quantum of Rs.9,60,900/- awarded as compensation for the injuries suffered by the claimant.

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The occurrence of the accident and the liability of the insurer to pay the compensation is also not in dispute.

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The Tribunal for assessing the compensation has determined the whole body disability at 20% taking into consideration the fact that the doctor who was examined had stated that the particular limb disability was to the extent of 30%. In my view, it would be appropriate to treat the disability at 15% and not at 20%.

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It is also noticed that there is variation/discrepancies in the award of the compensation and, therefore, even the quantum of compensation awarded is required to be recomputed.

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4 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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The Tribunal has taken the notional income at

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Rs.9,000/- per month as there was no proof of actual income. In such cases the Karnataka State Legal Services Authority has determined the notional income at Rs.11,000/- for the accident of the year 2017 will have to be adopted. Consequently, towards ‘loss of future income’ the claimant would be entitled to a sum of Rs.3,56,400/- (Rs.11,000/- X 12 X 18 X 15%).

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The Tribunal has awarded a sum of Rs.2,36,100/towards medical expenses and Rs.40,000/- towards future treatment, these expenses are just and proper and are thus affirmed.

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Since, the claimant has suffered 15% disability and was hospitalized for 45 days, it would be appropriate to award a sum of Rs.75,000/- towards ‘pain and suffering’ and Rs.75,000/- towards ‘loss of amenities in life’.

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5 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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The Tribunal has awarded as sum of Rs.70,000/towards conveyance, attendant charges and food and nourishment. In my view, these sums are just and proper and are affirmed.

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The Tribunal has taken the laid up period as 4 months. In my view, it would be appropriate to treat the laid up period as 6 months. Since the income is now taken as Rs.11,000/-, the claimant would be entitled to Rs.66,000/- (Rs.11,000/- X 6 months) towards loss of income during the laid up period.

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Thus, in modification of the award of the Tribunal, the claimant would be entitled to the following sums:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
1.	Pain and sufferings	1,50,000/-	75,000/-
2.	Medical expenses	2,36,100/-	2,36,100/-
3.	Future earning capacity	3,88,800/-	3,56,400/-

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6 - NC: 2024:KHC:49533 MFA No. 1884 of 2020

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4.	Loss of amenities of life	40,000/-	75,000/-
5.	Conveyance, attendant charges, food and nourishment	70,000/-	70,000/-
6.	Loss of earning during laid up period	36,000/-	66,000/-
7.	Towards future treatment	40,000/-	40,000/-
	TOTAL	9,60,900/-	9,18,500/-

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Accordingly, the claimant is held entitled for compensation of Rs.9,18,500/- as against Rs.9,60,900/- along with interest at the rate of 6% p.a. from the date of petition till its realisation.

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The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.

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This appeal is accordingly allowed in part.

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NC: 2024:KHC:49533 MFA No. 1884 of 2020

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The amount in deposit, if any, shall be transferred to

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the Tribunal for disbursement.

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Sd/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 12

M/s Universal Sompo General Insurance Company Limited v. Kiran Kumar

Case brief

What is this about?

What did the court decide?

M/s Universal Sompo General Insurance Company Limited v. Kiran Kumar

Case brief

What is this about?

What did the court decide?

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