The New India Assurance Co. Ltd vs D. Shashikumar
2025 Latest Caselaw 646 Kant

Karnataka High Court

The New India Assurance Co. Ltd vs D. Shashikumar on 3 July, 2025

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                                                         NC: 2025:KHC:23985
                                                      MFA No. 3941 of 2017
                                                  C/W MFA No. 2792 of 2017

              HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JULY, 2025

                                      BEFORE
                       THE HON'BLE MR. JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 3941 OF 2017 (MV-I)
                                        C/W
              MISCELLANEOUS FIRST APPEAL NO. 2792 OF 2017 (MV-I)
             IN MFA No. 3941/2017

             BETWEEN:

             D SHASHIKUMAR
             S/O DODDAIAH
             AGED ABOUT 23 YEARS
             R/O MANJUNATHA NILAYA
             NEAR THIPPENAGATTAMMA TEMPLE
             5TH CROSS, JOGGIMATTI ROAD,
             CHITRADURGA-577501
                                                                ...APPELLANT
             (BY SRI. B PRAMOD, ADVOCATE)

Digitally    AND:
signed by
NIRMALA
DEVI         1.   MOHAMMED NASARULLA
Location:         S/O MOHAMMED ISMAIL
HIGH COURT        MAJOR,
OF
KARNATAKA         R/O 952, NATIONAL SHAMIYANA
                  CHALLAKERE ROAD,
                  JAGALUR TOWN-577 528
                  DAVANAGERE

             2.   THE BRANCH MANAGER
                  THE NEW INDIAN ASSURANCE CO LTD.,
                  BRANCH OFFICE,
                  NEAR P.B.ROAD, CHITRADURGA-577 501
                                                          ...RESPONDENTS
             (BY SRI. C R RAVISHANKAR, ADVOCATE FOR
                  SRI. K SURYANARAYANA RAO, ADVOCATE FOR R2
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                                         NC: 2025:KHC:23985
                                      MFA No. 3941 of 2017
                                  C/W MFA No. 2792 of 2017

 HC-KAR



     R1 IS SERVED AND UNREPRESENTED)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC
NO.1253/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE, IV MACT AT CHITRADURGA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.

IN MFA NO. 2792/2017

BETWEEN:

THE NEW INDIA ASSURANCE CO. LTD.,
BRANCH OFFICE, CHITRADURGA TOWN,
THROUGH MOTOR THIRD PARTY CLAIMS,
HUB, M.G. ROAD,
BANGALORE-560 001,
BY DULY CONSTITUTED ATORNEY.
                                            ...APPELLANT
(BY SRI. C R RAVISHANKAR, ADVOCATE FOR
     SRI. K SURYANARAYANA RAO, ADVOCATE FOR)

AND:

1.   D. SHASHIKUMAR
     S/O. DODDAIAH,
     AGED ABOUT 25 YEARS,
     R/AT MANJUNATHA NILAYA,
     NEAR THIPPENAGATTAMMA TEMPLE,
     5TH CROSS, JOGGIMATTI ROAD,
     CHITRADURGA-577 501.

2.   MOHAMMED NASARULLA
     S/O. MOHAMMED ISMAIL,
     MAJOR,
     R/OF #952, NATIONAL SHAMIYANA
     CHALLAKERE ROAD,
     JAGALUR TOWN,
     DAVANAGERE-577 528.
                                         ...RESPONDENTS
(BY SRI. B PRAMOD, ADVOCATE FOR R1
 R2 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                                                -3-
                                                             NC: 2025:KHC:23985
                                                          MFA No. 3941 of 2017
                                                      C/W MFA No. 2792 of 2017

    HC-KAR



JUDGMENT AND AWARD DATED 17.01.2017 PASSED IN MVC
NO.1253/2015 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, & IV MACT, CHITRADURGA, AWARDING
COMPENSATION OF RS.10,41,600/- WITH INTEREST @ 8% P.A.
FROM THE DATE OF PETITION TILL REALIZATION AND ETC.

     THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:           HON'BLE MR. JUSTICE C.M. POONACHA

                                   ORAL JUDGMENT

The above appeals are filed calling in question the

judgment and award dated 17.01.2017 passed in MVC

No.1253/2015 by the I Additional Senior Civil Judge and IV

MACT, Chitradurga1. Hence, both the appeals are taken up

together for consideration.

2. The Tribunal vide judgment and award dated

17.01.2017 has awarded a total compensation of `10,41,600/-

together with interest at 8% p.a., from the date of petition till

the date of payment. Being aggrieved, the claimant has

preferred MFA No.3941/2017 seeking for enhancement of

compensation and the insurer has preferred MFA No.2792/2017

seeking for reduction of the quantum of compensation.

Hereinafter referred to as 'Tribunal'

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3. The findings of the Tribunal on negligence and

liability are not under challenge and have attained finality.

Hence, the only aspect that is required to be considered in the

present appeal is with regard to the quantum of the

compensation awarded.

4. Heard the submissions of learned counsel Sri

B.Pramod for the claimant and learned counsel

Sri C.R.Ravishankar for learned counsel Sri K.Suryanarayana

Rao, for the insurer.

5. It is forthcoming that the claimant is aged 20 years.

Hence, the appropriate multiplier to be applied is 18 as has

been rightly applied by the Tribunal.

6. The claimant was stated to be a cleaner and

agriculturist. The Tribunal has assessed the notional income at

`8,000/- p.m. No documents have been produced to

demonstrate the income. Hence, keeping in mind the date of

the accident, the income is re-assessed as `8,500/- p.m.

7. It is forthcoming from the wound certificate (Ex.P3)

and the disability certificate (Ex.P16) that the claimant has

sustained compound fracture of the right proximal tibia as also

the head of fibula as well as crush injury to the right foot. The

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claimant has sustained fracture of the 2nd, 3rd, 4th and 5th

metatarsal of the right foot. The 2nd, 3rd and 4th toes of the

right foot have been amputated. The claimant was treated as

an inpatient for a total period of 40 days. The doctor (PW.3)

has assessed the disability of the claimant at 52% to the right

lower limb and the Tribunal upon appreciation of the material

on record has re-assessed the disability as 20%, which is just

and proper.

8. In view of the aforementioned, the compensation is

re-assessed as follows:

8.1 Having regard to the nature of injuries sustained, it

is just and proper that the compensation towards pain and

suffering be re-assessed as `60,000/- as against `2,00,000/-

awarded by the Tribunal;

8.2 The actual medical bills, which are produced as

Ex.P20 series totally amount to a sum of `1,37,165/-. Hence,

it is just and proper that a total compensation of `1,40,000/-

be awarded towards medical expenses;

8.3 Having regard to the fact that the claimant has

taken treatment as an inpatient for a total period of 40 days at

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Chitradurga, it is just and proper to award a compensation of

`40,000/- towards food, nourishment and attendant charges;

8.4 The Tribunal has not awarded any compensation

towards loss of amenities. Having regard to the nature of

injuries sustained and the resultant disability, it is just and

proper that the compensation towards loss of amenities be

awarded in a sum of `50,000/-;

8.5 The period of treatment is taken as 4 months and

accordingly, loss of income during laid up period is re-assessed

as (`8,500/-x4) `34,000/-;

8.6 The compensation towards disability/loss of earning

capacity is re-assessed as (`8,500/-x12x18x20%) `3,67,200/-

as against `3,45,600/- awarded by the Tribunal;

8.7 The compensation towards loss of marriage

prospects is re-assessed as `50,000/- as against `2,00,000/-

awarded by the Tribunal;

8.8 The compensation towards loss of estate at

`96,000/- awarded by the Tribunal is set aside, as also the

compensation towards medical and incidental expenses

awarded at `2,00,000/- as the same has already been

awarded.

Sl.              Heads              Amount         Amount
No.                                 awarded     by awarded      by
                                    the   Tribunal this Court (`)
                                    (`)
1.    Towards pain and suffering        200000.00       60000.00
2.    Towards medical & incidental      200000.00      140000.00
      expenses/medical expenses
3.    Loss of marriage prospects        200000.00       50000.00
4.    Loss of amenities                       0.00      50000.00
5.    Loss of income during laid up           0.00      34000.00
      period
6.    Loss of estate                     96000.00            0.00
7.    Food,     nourishment     and           0.00      40000.00
      attendant charges
8.    Permanent disability              345600.00      367200.00
                     Total             1041600.00      741200.00


      11.   Hence,   the   claimant    is   entitled   for   a   total

compensation of `7,41,200/-.

      12.   In the result, the following:

                             ORDER

      i)    The above appeals are allowed in part;

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 HC-KAR




      ii)    The judgment and award dated 17.01.2017 passed