The Manager, v. H Shivaram
Case brief
What is this about?
Appeal against motor accident compensation award. Court found contributory negligence (20%) by the scooter rider due to U-turn. Reduced compensation from Rs.13.12 lakh to Rs.7.22 lakh by adjusting income calculations and removing contributory share.
What did the court decide?
Compensation reduced to Rs.7,22,029/- payable by insurer within four weeks with interest at 6% p.a.
What the court decided
A compact analysis
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.
NC: 2024:KHC:9675 MFA No. 3189 of 2020
- 1 -
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3189 OF 2020 (MV-I)
BETWEEN:
THE MANAGER,
ICICI LOMBARD GENERAL INSURANCE COMPANY
LTD., MYTHRI ARCADE, SARASWATHIPURAM, MYSORE, NOW REPRESENTED BY THE MANAGER, ICICI LOMBARD GEN INSURANCE CO. LTD., 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M G ROAD, BENGALURU - 560 042.
…APPELLANT
(BY SRI. A N KRISHNA SWAMY., ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the tribunal was exorbitant and arbitrary?
Whether contributory negligence existed on the part of the scooter rider?
Whether the compensation amount required reduction based on income evidence and contributory negligence?
Parties & counsel
- appellant
ICICI Lombard General Insurance Company Ltd.
- respondent
H Shivaram
- respondent
Multimedia Computer Systems Pvt. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- MFA/3189/2020
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