Karnataka High Court
The New India Assurance Company Ltd vs Revappa And Anr on 4 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6673
MFA No. 200464 of 2024
C/W MFA No. 200456 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200464 OF 2024 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200456 OF 2024 (MV-I)
IN MFA NO. 200464/2024:-
BETWEEN:
THE NEW INDIA ASSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL MANAGER,
SANGAMESHWAR NAGAR,
SB TEMPLE ROAD,
KALABURAGI-585102.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND:
Digitally signed
1. MALLIKARJUN
by SUMITRA S/O BASAVARAJ ARALAGUNDAGI,
SHERIGAR
Location: HIGH AGE. 30 YEARS, OCC: COOLIE,
COURT OF R/O. BHUSNOOR, TQ. ALAND,
KARNATAKA
DIST. KALABURAGI-585102.
2. VITHAL S/O MALLINATH JAMADAR,
AGE : MAJOR, OCC: BUSINESS
AND OWNER OF CRUISER BEARING
NO.KA-32/A-7833, R/O.H.NO. 2-301,
RUDRAWADI, TQ. ALAND,
DIST. KALABURAGI-585102.
...RESPONDENTS
(BY SRI SANJEEV PATIL, ADV. FOR R1)
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NC: 2024:KHC-K:6673
MFA No. 200464 of 2024
C/W MFA No. 200456 of 2024
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD DATED 21.09.2023 PASSED BY THE I ADDL. SENIOR
CIVIL JUDGE AND MACT KALABURAGI, IN MVC NO.04/2020, BY
ALLOWING THE APPEAL AS PRAYED FOR.
IN MFA NO. 200456/2024:-
BETWEEN:
THE NEW INDIA ASSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL MANAGER,
SANGAMESHWAR NAGAR,
SB TEMPLE ROAD,
KALABURAGI-585102.
...APPELLANT
(BY SRI. MANVENDRA REDDY, ADVOCATE)
AND:
1. REVAPPA S/O SHARANAPPA POLICE PATIL,
AGE : 35 YEARS, OCC: COOLIE,
R/O. BHUSNOOR, TQ. ALAND,
DIST. KALABURAGI-585102.
2. VITHAL S/O MALLINATH JAMADAR,
AGE : MAJOR, OCC: BUSINESS
AND OWNER OF CRUISER
BEARING NO.KA-32/A-7833,
R/O.H.NO.2-301, RUDRAWADI,
TQ. ALAND, DIST : KALABURAGI-585102.
...RESPONDENTS
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND
AWARD DATED 21.09.2023 PASSED BY THE I ADDL. SENIOR
CIVIL JUDGE AND MACT KALABURAGI, IN MVC NO.05/2020, BY
ALLOWING THE APPEAL AS PRAYED FOR.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC-K:6673
MFA No. 200464 of 2024
C/W MFA No. 200456 of 2024
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
The Insurer is in appeal contending that exorbitant
sums were awarded by the Tribunal in relation to the
future medical expenses and loss of income during
treatment. It is also contended that the sums awarded
under the other heads are also excessive.
2. It is noticed that the Tribunal has awarded only
a sum of `20,000/- towards medical expenditure, but has
proceeded to award `1,00,000/- towards future medical
expenses. So this award is obviously improper. When the
medical expenditure itself was `20,000/-, the question of
future medical expenses being `1,00,000/- would never
arise. This award is therefore set aside and it is held that
only a sum of `10,000/- would be awarded for future
medical expenses.
3. Similarly, it is noticed that sum of `1,85,000/-
is awarded towards laid up period though the Tribunal
NC: 2024:KHC-K:6673
holds that the claimant was admitted to the hospital only
for 14 days and that he would require rest for 20 to 25
days. This is obviously a gross mistake. Consequently, the
laid up period is taken as two months and `26,500/- is
awarded towards loss of income during the laid up period.
4. Though it is argued strenuously that the other
heads of compensation are on the higher side, in my view,
having regard to the nature of injuries suffered and the
evidence on record, the other sums are just and proper
and do not call for any interference. Consequently, the
award of the Tribunal is modified and the claimant would
be entitled to the following compensation:
Compensation
Compensation
Sl. as awarded
Nature of Heads as awarded by
No. by the
this Court (`)
Tribunal (`)
1. Pain and suffering 20,000/- 20,000/-
Attendant charges, food
2. 10,000/- 10,000/-
and conveyance charges
3. Loss of future income 3,78,420/- 3,78,420/-
4. Medical expenditure 20,000/- 20,000/-
5. Future medical expenses 1,00,000/- 10,000/-
Loss of income during
6. 1,85,500/- 26,500/-
treatment
Loss of amenities and
7. 10,000/- 10,000/-
nutrition food
Total 7,23,920/- 4,74,920/-
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5. Thus, the claimant in MVC No.4/2020 is held
entitled to the total compensation of `4,74,920/- as
against `7,23,920/-, along with interest at the rate of six
per cent per annum from the date of petition till its
realization.
6. The Insurance Company is directed to deposit
the amount of compensation awarded within two months
from the date of receipt of a certified copy of this
judgment.
7. Consequently, the appeal i.e., MFA
No.200464/2024 is allowed in part to the extent of
reducing the compensation and only the awards made in
respect of future medical expenses and loss of income
during laid up period are modified as stated above.
8. The subject matter of appeal in MFA
No.200456/2024 is less than `1,00,000/- and it would
therefore not be maintainable. Consequently, the appeal is
dismissed as not maintainable.
NC: 2024:KHC-K:6673
9. Reserving liberty to the appellant to take such
other steps as may be available in law against the
employer.
10. The amount in deposit, if any, shall be
transferred to the Tribunal for disbursal in terms of the
award.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
SN
