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Civil · Reportable judgment

T. J. Parameshwarappa@parameshwarappa@j. T. Parameshwarappa@talalkena Gowdra Parameshwarappa vs The Branch Manager, New India Assurance Co. Ltd. & Ors.

Court
Supreme Court of India
Date
18 November 2022
Case No.
Civil Appeal Nos. 8598-8599 of 2022
Result
Partly allowed
Bench
Bhushan Ramkrishna Gavai, B.V. Nagarathna
Citation
[2022] 10 S.C.R. 136 : 2022 INSC 1180
Supreme Court Reports [2022] 10 S.C.R. 136 : 2022 INSC 1180
Headnote

Motor Accident Claim – Compensation – Assessment of – Permanent Physical Disability – Appellant sustained injuries in a road accident – He therefore, filed the claim petition seeking compensation of Rs.20 lakhs – Motor Accident Claims Tribunal (MACT) assessed the permanent physical disability to an extent of 40% and awarded a sum of Rs.21,08,400/- together with interest at 8% p.a. – Aggrieved, both the insurer as well as insured claimant filed appeal before the High Court against the award passed by the MACT – The High Court reduced the disability assessment at 20% and noted that the award of compensation was on the higher side and hence, reduced the compensation to Rs.7,37,604/- – On appeal, held: Appellant sustained comminuted bone fracture of tibia on both legs, the whole-body disability is assessed as 30% – He was operated upon twice and was hospitalized for thirty-six days cumulatively, therefore, the compensation under the heads of pain and suffering is enhanced – Also towards loss of future amenities and towards loss of income during laid up period for a period of twelve months compensation is enhanced – The judgment passed by the High Court is modified by enhancing the award of compensation to Rs.11,67,405/-.

Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC

343 : [2010] 13 SCR 179 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by NAGARATHNA J. Leave granted. 2. These appeals assail the correctness of the judgment and award passed by the High Court of Karnataka at Bengaluru in M.F.A. No.48 of 2017 connected with M.F.A. No.7972 of 2016 (MV) dated 16.10.2020. M.F.A. No.48 of 2017 was filed by the insurer – New India Assurance Co. Ltd., while M.F.A. No.7972 of 2016 (MV) was filed by the insured claimant, both being aggrieved by the judgment and award dated 16.09.2016 passed by the Ist Addl. Senior Civil Judge & IVth MACT at Chitradurga in MVC No.1091 of 2015. By the said judgme
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