Dismissed

The Oriental Insurance Company Ltd., v. Smt. Chikkennamma

Karnataka HC26 Nov 2024MFA/1985/2020

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed the insurer's appeal against the Motor Accident Claims Tribunal's compensation award for the deceased's death. The Court held there was no justification for entertaining the appeal despite partial disagreement with the future prospects calculation.

What did the court decide?

The appeal was dismissed; the amount in deposit shall be transferred to the Tribunal for disbursement.

The Oriental Insurance Company Ltd., Vs Smt… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:48733 MFA No. 1985 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.1985 OF 2020(MV-D)

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BETWEEN:

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THE ORIENTAL INSURANCE COMPANY LTD. GIRISH COMPLEX, 1^ST FLOOR AGRAHARA STREET CHAMARAJANAGAR

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DULY REPRESENTED BY

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REGIONAL MANAGER REGIONAL OFFICE NO.44/45, 4^TH FLOOR LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS M. G. ROAD BENGALURU – 560 001

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…APPELLANT

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

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(BY SRI A. RAVISHANKAR, ADVOCATE)

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AND:

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SMT. CHIKKENNAMMA AGED ABOUT 49 YEARS W/O. LATE PATTAIAH @ PUTTAIAH

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RATHNAMMA

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AGED ABOUT 41 YEARS

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D/O. LATE PATTAIAH @ PUTTAIAH

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JYOTHI

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AGED ABOUT 24 YEARS D/O. LATE PATTAIAH @ PUTTAIAH

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2 - NC: 2024:KHC:48733 MFA No. 1985 of 2020

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SHOBA

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AGED ABOUT 24 YEARS D/O. LATE PATTAIAH @ PUTTAIAH

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RESPONDENT NOS.1 TO 4 ARE RESIDING AT HUVINAKOPPAL VILLAGE MALAVALLY TALUK MANDYA DISTRICT – 571 430

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SRI SARAVANAMURTHY AGED ABOUT 51 YEARS S/O. NALLAPPAGOUNDER R/AT BANAJIGA STREET CHAMARAJANAGAR TOWN – 571 313

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…RESPONDENTS

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(BY SRI VEERABHADRA SWAMY H. P., ADVOCATE FOR R-1 TO R-4;

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VIDE ORDER DATED 26/11/2024 NOTICE TO R-3 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2019 PASSED IN MVC NO.79/2014 ON THE FILE OF THE C/C SENIOR CIVIL JUDGE AND JMFC, T. NARASIPURA, AWARDING COMPENSATION OF RS.6,04,200/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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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:48733 MFA No. 1985 of 2020

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ORAL JUDGMENT

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The insurer is in appeal questioning the quantum of compensation awarded for the death of Puttaiah a 65 year old.

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Apart from contending that the notional income taken as Rs.9,000/- is incorrect, it is also contended that the adding of future prospects at 5% would be incorrect and contrary to the decision of the Supreme

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Court rendered in Pranay Sethi’s case¹ .

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It is noticed that though the Tribunal was not justified in awarding future prospects at 5%, the Tribunal has however not granted any amounts to the children on account of loss of love and affection and if a sum of Rs.48,400/- would have to be awarded to the children of the deceased, the compensation in fact would stand increased even if the 5% future prospects is taken away from the computation.

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1 National Insurance Co. Ltd Vs. Pranay Sethi and Ors.- 2017 16 SCC 680

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4 - NC: 2024:KHC:48733 MFA No. 1985 of 2020

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I am therefore the view there is no justification in entertaining this appeal. This appeal is therefore

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dismissed .

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The amount in deposit, if any, shall be transferred to 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.: 9

The Oriental Insurance Company Ltd., v. Smt. Chikkennamma

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd., v. Smt. Chikkennamma

Case brief

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