Insurer appealed against a motor accident claims tribunal award of Rs.2,98,600/- to an injured claimant with two grievous fractures. The High Court found the quantum justifiable, noted the Tribunal had in fact taken disability lower than the doctor's assessment, and dismissed the appeal.
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:38205 MFA No. 530 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 530 OF 2021 (MV-I)
BETWEEN:
THE MANAGER, TATA AIG GIC, LTD., 1ST FLOOR, SUNNY CENTRE, NEW KALIDASA ROAD, VIJAYANAGAR 1ST STAGE, MYSORE- 570 017.
NOW REP BY: THE DIVISION OFFICE - 17, M/S TATA AIG GENERAL INSURANCE CO. LTD., 2ND FLOOR, J.P. AND DEVI, JAMBUKESHWAR ARCADE NO. 69, MILLERS ROAD, BANGALORE - 52.
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
(BY SRI. PRADEEP B.,ADVOCATE)
AND:
…APPELLANT
NC: 2024:KHC:38205 MFA No. 530 of 2021
4TH MAIN PADUVARAHALLI, JAYALAKSHMIPURAM, MYSURU.
…RESPONDENTS
(BY SRI. M.Y. SRINIVASAN, ADVOCATE FOR R1; R2 AND R3- SERVED, UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2020, PASSED IN MVC NO.154/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND MACT, KOLLEGALA, AWARDING COMPENSATION OF RS.3,00,000/- AND INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Pradeep B., learned counsel for appellant and Sri.M.Y.Srinivasan, learned counsel for respondent No.1.
NC: 2024:KHC:38205 MFA No. 530 of 2021
NC: 2024:KHC:38205 MFA No. 530 of 2021
however, the Tribunal took the disability as 15% only and thus, the appellant should not raise any dispute over the said fact. The record discloses justification in the submission thus made.
contends that the Tribunal added future prospects, this Court does not find any infirmity or illegality in doing so. The only grievance of the appellant is in respect of awarding Rs.2,52,000/- under the head loss of future income. The version of the appellant is that the said sum is highly excessive. However, the Tribunal awarded a sum of Rs.5,000/- only under the head pain and suffering though respondent No.1 sustained two grievous and two simple injuries. Also a sum of Rs.5,000/only is awarded under the head loss of amenities.
view that awarding a sum of Rs.2,98,600/- ultimately as compensation in toto is highly justifiable. This Court does not find any grounds, more so convincing grounds to interfere with. Thus, the appeal is not maintainable.
Resultantly, the appeal stands dismissed without costs.
NC: 2024:KHC:38205 MFA No. 530 of 2021
The amount, if any, in deposit be transmitted to the
concerned Tribunal immediately.
Sd/(DR.CHILLAKUR SUMALATHA)
JUDGE
AP CT:TSM List No.: 1 Sl No.: 64
1 issue framed by the court
Whether the Tribunal's award of compensation, including 15% functional disability and loss of future income of Rs.2,52,000/-, was excessive.
1 provisions across 1 enactments
The Manager, Tata AIG GIC Ltd.
Mallikarjunaswamy
Ajay
Krishna Kumar S.
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
