Allowed

Kum Nischitha v. United India Insurance Co. Ltd.

Karnataka HC9 Dec 2024MFA/2646/2020

Case brief

AI extract

What is this about?

Two claimants injured in a motor accident appealed Tribunal awards seeking enhancement. The court reduced assessed whole-body disability, applied notional income of Rs.12,500 with multiplier 18 and 40% future prospects, added heads like marital prospects, enhancing compensation substantially.

What did the court decide?

Enhanced compensation of Rs.11,54,000 (MFA 2646/2020) and Rs.7,71,000 (MFA 2096/2020) with 6% p.a. interest, partial withdrawal amounts specified, remainder kept in Fixed Deposit.

Kum Nischitha Vs United India Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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MISCELLANEOUS FIRST APPEAL NO.2646 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2096 OF 2020(MV-I)

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IN MFA No. 2646/2020

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BETWEEN:

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KUM NISCHITHA D/O. SHIVANANDA AGED ABOUT 21 YEARS R/AT YEDAVANAHALLI VILLAGE AND POST ATTIBELE HOBLI, ANEKAL TALUK BENGALURU RURAL DISTRICT-562106 AND ALSO HADARNURU POST

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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SARAGUR HOBLI, HD KOTE TALUK BADAGALAPURA, MYSORE

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(BY SRI. GIRIMALLAIAH.,ADVOCATE)

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…APPELLANT

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AND:

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M/S UNITED INDIA INSURANCE CO. LTD REGIONAL OFFICE, TP HUB KRISHI BHAVAN, 6TH FLOOR HUDSON CIRCLE, NRUPATHUNGA ROAD BANGALORE 560001 BY ITS MANAGER

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2 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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MR. RAVI G S/O. GOPAL NO. 17, BEML LAYOUT RAGHUVANAHALLI BENGALURU 560062.

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…RESPONDENTS

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(BY SRI.MOHAN KUMAR T.,ADVOCATE FOR R1: NOTICE TO R2 IS D/W V/O DATED: 12.03.2024)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.08.2019 PASSED IN MVC NO. 2906/2018 ON THE FILE OF THE MEMBER, PRL. MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALUR SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 2096/2020

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BETWEEN:

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AMBARISH S/O. LATE. SIDDANNA R/AT PRASANNA BUILDING BANAHALLI VILLAGE NEAR YELLAMMA DEVI TEMPLE CHANDRAPURA, BENGALURU 560099

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...APPELLANT

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(BY SRI. GIRIMALLAIAH.,ADVOCATE)

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3 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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AND:

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M/S UNITED INDIA INSURANCE CO. LTD REGIONAL OFFICE, TP HUB KRISHI BHAVAN 6TH FLOOR, HUDSON CIRCLE NRUPATHUNGA ROAD BANGALORE 560001 BY ITS MANAGER.

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MR. RAVI G S/O. GOPAL NO. 17, BEML LAYOUT RAGHUVANAHALLI BENGALURU 560062.

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...RESPONDENTS

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(BY SRI.MOHAN KUMAR T.,ADVOCATE FOR R1: NOTICE TO R2 IS D/W V/O DATED: 14.09.2022)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:06.08.2019 PASSED IN MVC NO.2907/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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4 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL JUDGMENT

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IN MFA NO.2646/2020 (MVC NO.2906/2018)

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The claimant, being dissatisfied with the

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compensation of Rs.4,35,000/- awarded by the Tribunal for the injury suffered by her, in an undisputed accident, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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The Tribunal, on assessment of the evidence, has recorded a finding that the claimant has sustained swelling tenderness and deformity over left thigh and leg, swelling

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and tenderness over right leg, swelling and tenderness over right ankle with a wound on dorsal aspect and a CLW on mid 1/3^rd left leg.

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5 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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4. The Tribunal has thereafter awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	75,000
2.	Loss of future income	2,07,360
3.	Medical expenses	77,541
4.	Future medical expenses	20,000
5.	Loss of income during the laid up period	0
6.	Conveyance, food, nourishment, attendant charges	30,000
7.	Loss of amenities in life	25,000
	Total	4,34,901
	Rounded of	4,35,000

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The evidence on record indicates that the claimant

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had suffered five fractures to her leg and she had also undergone three surgeries and was hospitalized for about 44 days in the hospital. The doctor who has examined has stated that she has suffered a whole body disability at 36%. In my view and in regard to the nature of injuries

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6 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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suffered and also taken into consideration that the shortening of the leg by about an inch, it would be appropriate to treat the whole world disability at 20% .

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The Tribunal has determined the monthly income, notionally at Rs.8,000/-. The claimant was studying in BBA 3^rd semester. The Karnataka State Legal Services Authority has fixed the notional income for victims of the accident of the year 2018 at Rs.12,500/-. In my view, it would be appropriate to adopt the same.

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Since the claimant has suffered whole body disability at 20% and since she was aged 19 years at the time of the accident, 40% of the notional income towards ‘future prospects’ requires to be added, which makes the income as Rs.17,500/- (Rs.12,500+40%), and a multiplier of ‘18’ would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.7,56,000/- (Rs.17,500 x 12 x 18 x 20%) towards 'loss of future income' .

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NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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Having regard to the injuries suffered by the

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claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.75,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal.

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Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'conveyance, food and nourishment and attendant charges' at Rs.50,000/- as against the sum of Rs.30,000/- awarded by the Tribunal.

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Since the claimant was unmarried and has suffered a shortening of the leg by about an inch, it is obvious that she would be entitled to a sum of Rs.75,000/- towards ‘loss of marital prospects’.

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8 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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The sums awarded as medical expenses and future

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medical expenses by the Tribunal, being based on documentary evidence, does not call for modification and is hence confirmed.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following

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compensation:

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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	75,000	100,000
2.	Loss of future income	2,07,360	7,56,000
3.	Medical expenses	77,541	77,541
4.	Future medical expenses	20,000	20,000
5.	Marriage prospects	0	75,000
6.	Conveyance, food, nourishment, attendant charges	30,000	50,000
7.	Loss of amenities in life	25,000	75,000
	Total	4,34,901	11,53,541
	Rounded of	4,35,000	11,54,000

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9 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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Thus, the claimant is held entitled to the total compensation of Rs.11,54,000/- as against Rs.4,35,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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Out of which, the claimant would be entitled to withdraw Rs.5,00,000/- and the remaining amount shall be kept in Fixed Deposit in any Nationalized Bank of her choice for a period of five years and the claimant shall be entitled to withdraw interest accrued periodically.

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IN MFA NO.2096/2020 (MVC NO.2907/2018)

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The claimant, being dissatisfied with the compensation of Rs.4,81,500/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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10 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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The Tribunal, on assessment of the evidence, has recorded a finding that the claimant has suffered compound fracture both bones of left leg, fracture of 5^th metatarsal left foot, fracture of 5^th metacarpal left hand.

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The Tribunal has thereafter awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	50,000
2.	Loss of future income	1,94,400
3.	Medical expenses	1,21,000
4.	Future medical expenses	20,000
5.	Loss of income during the laid up period	36,000
6.	Conveyance, food, nourishment, attendant charges	35,000
7.	Loss of amenities in life	25,000
	Total	4,81,400
	Rounded of	4,81,500

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The doctor who has examined, has assessed the whole body disability as 30%. The claimant had suffered a

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11 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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fracture of the both the bones of the fibula and tibia and also the fifth metatarsal. In my view, in light of these injuries, it would be appropriate to treat the whole body disability at 15% as against 30% stated by the doctor.

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The Tribunal has determined the monthly income, notionally at Rs.9,000/-. As already held in the cases of an accident in the year 2018, a sum of Rs.12,500/- would be adopted.

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As the claimant was aged 21 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,05,000 (12,500 x 12 x 18 x 15%) towards 'loss of future income' .

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As a consequence, the amount of Rs.36,000/awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to

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Rs.50,000/- (Rs.12,500 X 4 months) .

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Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of

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12 - NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal.

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Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'conveyance, food and nourishment and attendant charges' at Rs.50,000/- as against the sum of Rs.35,000/- awarded by the Tribunal.

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The sums awarded as medical expenses by the Tribunal, being based on documentary evidence, does not call for modification and hence confirmed.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	50,000	75,000
2.	Loss of future income	194,400	405,000
3.	Medical expenses	121,000	121,000
4.	Future medical expenses	20,000	20,000
5.	Loss of income during the laid up period	36,000	50,000
6.	Conveyance, food, nourishment, attendant charges	35,000	50,000
7.	Loss of amenities in life	25,000	50,000
	Total	4,81,400	7,71,000
	Rounded of	4,81,500	-

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Thus, the claimant is held entitled to the total compensation of Rs.7,71,000/- as against Rs.4,81,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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Out of which, the claimant would be entitled to withdraw Rs.3,00,000/- and the remaining amount shall

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NC: 2024:KHC:50748 MFA No. 2646 of 2020 C/W MFA No. 2096 of 2020

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be kept in Fixed Deposit in any Nationalized Bank of his choice for a period of five years and the claimant shall be entitled to withdraw interest accrued periodically.

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

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These appeals are accordingly allowed in part .

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Sd/(N S SANJAY GOWDA) JUDGE

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List No.: 1 Sl No.: 55

Kum Nischitha v. United India Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Kum Nischitha v. United India Insurance Co. Ltd.

Case brief

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What did the court decide?

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