Karnataka High Court
Regional Manager, M/S Liberty General ... vs Sri. Annegowda on 5 September, 2024
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NC: 2024:KHC:36419
MFA No. 823 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 823 OF 2022 (MV-I)
BETWEEN:
REGIONAL MANAGER,
M/S LIBERTY GENERAL INSURANCE CO.LTD.,
(FORMERLY KNOWN AS LIBERTY VIDEOCON,
GENERAL INSURANCE CO.LTD.,)
PRESENTLY HAVING ITS OFFICE AT
NO.21/15, "THE LANDMARK"
4TH FLOOR, NEAR TRINITY METRO STATION,
M.G. ROAD,
BENGALURU-560 001
...APPELLANT
(BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE)
AND:
Digitally signed by 1. SRI. ANNEGOWDA
AASEEFA PARVEEN
Location: HIGH S/O NINGEGOWDA
COURT OF
KARNATAKA AGED ABOUT 47 YEARS
R/AT KATHARIGHATTA VILLAGE,
DANDIGANAHALLI HOBLI,
CHANNARAYAPTNA TALUK
HASSAN DISTRICT
2. SRI. GOVINDARAJU B.G.,
S/O DODDAGANAIAH
MAJOR IN AGE,
RESIDENT AT NO.75, 8TH CROSS,
RAMAKRISHNA LAYOUT,
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NC: 2024:KHC:36419
MFA No. 823 of 2022
MANGALA MAIN ROAD,
2ND PHASE,
NAGARABHAVI,
BENGALURU-560 072
...RESPONDENTS
(RESPONDENT SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.11.2021 PASSED IN MVC
NO. 1450/2018 ON THE FILE OF THE IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE , HASSAN, SITTING AT
CHANNARAYAPATNA, AWARDING COMPENSATION OF RS.
7,56,177/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Ravi S Samprathi, learned counsel for the
appellant.
2. Despite of service of notice, none appears for
respondents.
3. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, Hassan
NC: 2024:KHC:36419
in M.V.C. No.1450/2018 dated 27.11.2021. Projecting that
the tribunal awarded exorbitant amount as compensation,
the insurance company is before this Court.
4. Learned counsel Sri.Ravi S Samprathi arguing the
matter, submits that though there is no such permanent
physical disability in respect of whole body, the tribunal
taking the disability as 24% in respect of whole body,
awarded a sum of Rs.3,62,880/- as compensation towards
loss of future income which is unjustifiable. Learned
counsel also states that the amount that is awarded as
compensation under all other heads is also exorbitant.
Learned counsel thereby seeks to reduce the amount that
is awarded as compensation.
5. The tribunal through the impugned order, awarded
a sum of Rs.7,56,177/- as compensation divided under
following heads:-
Heads Amount in Rs.
Pain and Suffering 1,00,000-00
Loss of Prospects in life 1,00,000-00
Medical Expenses 1,46,297-00
Loss of future income 3,62,880-00
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Diet, nourishment, 20,000-00
conveyance and attendant
charges
Loss of income during laid 27,000-00
up period
Total 7,56,177-00
6. As per the evidence produced, the claimant i.e.,
respondent No.1 herein sustained fracture of left clavicle
and dislocation of left 2nd, 3rd, 4th and 5th Metatorsel bones.
Also it is brought on record that right second toe was
amputated. However, there is no convincing evidence on
record to show that the disability in respect of whole body
is 24%. As rightly projected, the amount awarded towards
loss of future prospects in life that is Rs.1,00,000/- is also
excessive.
7. Having considered these aspects, this Court is of
the view that a sum of Rs.1,00,000/- is required to be
reduced, so that the compensation that is granted would
be justifiable. Admittedly, the amount that is required to
be granted should neither be excessive nor be too low so
as to defeat the rights of the claimants. Therefore, this
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Court is of the view that the justifiable amount that the
respondent No.1/claimant is entitled to receive is a sum of
Rs.6,56,177/- (Rs.7,56,177-Rs.1,00,000/-).
8. Thus, the appeal is disposed of with the following:-
ORDER.
i. The appeal is allowed in part.
ii. The compensation that is granted by the Motor
Accidents Claims Tribunal, Hassan through orders in
M.V.C. No.1450/2018 dated 27.11.2021 is reduced
by Rs.1,00,000/-.
iii. The award of the tribunal in all other aspects holds
good.
iv. The amount if any, in deposit, be transmitted to the
concerned Court immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
