Partly allowed

National Insurance Co. Ltd. v. Chidananda

Karnataka HC13 Jun 2024MFA/421/2018

Case brief

AI extract

What is this about?

Cross-appeals by an injured claimant and the insurer against a motor accident compensation award. The court held that adding 50% towards loss of future prospects was impermissible without proof of income, reassessed compensation, reduced it to Rs.2,41,104 with 6% interest, allowed the insurer's appeal in part and dismissed the claimant's enhancement appeal.

What did the court decide?

Compensation reduced by Rs.12,240/- to Rs.2,41,104/- with 6% p.a. interest; insurer's appeal partly allowed, claimant's enhancement appeal dismissed.

National Insurance Co. Ltd. Vs Chidananda — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:21587 MFA No. 421 of 2018 C/W MFA No. 7828 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 421 OF 2018 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 7828 OF 2018

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IN MISCELLANEOUS FIRST APPEAL NO. 421 OF 2018:

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BETWEEN:

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NATIONAL INSURANCE CO LTD 1ST FLOOR, SHRI KSHETHRA DHARMASTHALA BUILDING, PUTTUR TALUK, D.K. DISTRICT NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE NO.144, SUBRAM COMPLEX, M.G. ROAD, BANGALORE-560 001.

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…APPELLANT

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(BY SMT. S. NIRMMALA, FOR ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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CHIDANANDA S/O B NASGARAJA, AGED ABOUT 25 YEARS R/O PILLEKERENAHALLI VILLAGE CHITRADURGA TALUK, CHITRADURGA DISTRICT-577 501.

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T. SRINIVAS S/O T C THIMMAIAH, MAJOR OWNER OF MOTOR CYCLE BEARING NO.KA-02/HE-8246 R/O PITTLAALLI POST HIRYUR TALUK CHITRADURGA DISTRICT-577 501.

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…RESPONDENTS (BY SRI. N.R. RANGE GOWDA, ADVOCATE FOR R1; R2 SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2017 PASSED IN MVC

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NC: 2024:KHC:21587 MFA No. 421 of 2018 C/W MFA No. 7828 of 2018

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NO.891/2016 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHIRADURGA, AWARDING COMPENSATION OF RS.2,53,344/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MISCELLANEOUS FIRST APPEAL NO. 7828 OF 2018:

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BETWEEN:

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CHIDANANDA S/O B. NAGARAJA, NOW AGED ABOUT 25 YEARS, R/O PILLEKERENAHALLI VILLAGE, CHITRADURGA TALUK-577 501.

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…APPELLANT

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(BY SRI. RANGEGOWDA N.R., ADVOCATE)

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AND:

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T SRINIVAS S/O.T.C.THIMMAIAH, AGED MAJOR, R/O PITTLAALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 599.

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THE BRANCH MANAGER THE NATIONAL INS. CO. LTD., BRANCH OFFICE, JAGALURU MAHALINGAPPA TOWER, P.B.ROAD, NEAR KSRTC BUS STAND, CHITRADURGA-577 501.

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…RESPONDENTS

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(BY SMT. S. NIRMMALA, ADVOCATE FOR R-2; V/O DATED 30.05.2022 R1 IS NOTICE D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2017 PASSED IN MVC NO.891/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2024:KHC:21587 MFA No. 421 of 2018 C/W MFA No. 7828 of 2018

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JUDGMENT

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The appeals by the claimant and the Insurance Company are filed under Section 173(1) of the Motor Vehicles Act, challenging the judgment and award dated 21.08.2017 passed in MVC No. 891/2001 by the learned Principal Civil Judge and Additional MACT, Hassan.

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The claimant sustained injuries in a road traffic accident on 18.08.2012 when the rider of the offending motorcycle, who was riding rashly and negligently, collided with the claimant while he was proceeding as a pillion rider on the motorcycle. Consequently, the claimant filed a petition seeking just and proper compensation. After evaluating the evidence on record, the Tribunal awarded a total compensation of Rs.2,53,344/- with interest at 6% per annum. The claimant is appealing for an enhancement of the compensation amount awarded by the Tribunal, while the Insurance Company is appealing against the quantum of compensation.

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Heard learned counsel for the parties.

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The claimant sustained injuries in the road traffic accident on 18.08.2012 and was 23 years old at the time of the accident. In the absence of proof of income, the claimant's notional income is assessed at Rs.7,000/- per month, as opposed to the Rs.9,000/- per month assessed by the Tribunal, which included an addition of 50% towards loss of future prospects.

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4 - NC: 2024:KHC:21587 MFA No. 421 of 2018 C/W MFA No. 7828 of 2018

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The doctor, who was examined as PW2, testified that the claimant sustained unhealed sockets, distorted occlusion, facial asymmetry, difficulty in chewing, and difficulty in speech due to the accident, resulting in a physical disability of 25%. In his crossexamination, PW2 stated that although the claimant has no difficulty in continuing his work as an attender, the claimant does experience difficulty in chewing and speaking, which would certainly hinder his ability to perform his duties effectively.

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Although the permanent disability was assessed at 7%, the Tribunal erroneously added 50% of the income towards loss of future prospects, which is impermissible.. Therefore, the compensation awarded by the Tribunal is reassessed as follows:

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	Compensation by this Court Rs.	Compensation awarded by the Tribunal Rs.
Loss of future income due to disability 7000 x 12 x 18 x 7%	1,05, 840/-	1,36,080/-
Pain and suffering	30,000/-	12,000/-
Medical Expenses	55,264/-	55,264/-
Loss of amenities	30,000/-	30,000/-
Food and nourishment charges	20,000/-	20,000/-
Total	2,41,104/-	2,53,344/-

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The compensation awarded by the Tribunal towards medical expenses, loss of amenities and food and nourishment charges remains unaltered.

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5 - NC: 2024:KHC:21587 MFA No. 421 of 2018 C/W MFA No. 7828 of 2018

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The claimant is entitled for total compensation of Rs.2,41,104/- as against Rs.2,53,344/- awarded by the Tribunal, and shall carry interest at the rate of 6% p.a. from the date of petition till actual realization The compensation awarded by the tribunal is reduced by Rs.12,240/-. To this extent, the impugned award stands modified.

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The Statutory amount in deposit by the respondent - Insurance Company to be transmitted the jurisdictional Tribunal.

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MFA No.421/2018 is allowed in part, and MFA No.7828/2018 is dismissed.

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Sd/JUDGE

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National Insurance Co. Ltd. v. Chidananda

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Chidananda

Case brief

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