DINESH SINGH Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.
LAWS(SC)-2014-4-112
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
April 23,2014
DINESH SINGH
Appellant
VERSUS
Bajaj Allianz General Insurance Co Ltd.
Respondents
Cited Judgements :-
K MADHURI VS. M H BHASKAR [LAWS(APH)-2015-4-45] [REFERRED TO]DEEPAK GAUTAM VS. JAI PRAKASH [LAWS(DLH)-2014-12-183] [REFERRED TO]
THIRUPADHI VS. R BASKARAN [LAWS(MAD)-2018-10-412] [REFERRED TO]
YUGAL KISHORE SHARMA & OTHERS VS. SUKH RAI SINGH AND OTHERS [LAWS(HPH)-2016-12-84] [REFERRED TO]
JAYACHANDRAN VS. PYARIJAN [LAWS(KER)-2018-11-162] [REFERRED TO]
AKSHAY @ VIKAS RAMESH CHAVAN VS. KAILAS VITTHALRAO SHINDE [LAWS(BOM)-2022-4-72] [REFERRED TO]
ROBIN BABU VS. KUNJAPPAN AND ORS. [LAWS(KER)-2015-7-84] [REFERRED TO]
M. ELANGOVAN VS. A. MURUGANANDHAM [LAWS(MAD)-2019-2-103] [REFERRED TO]
MR. DILIP SHARMA VS. MR. SHRAWAN DOGRA [LAWS(HPH)-2016-1-3] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. MENKA LIDHOO & ORS. [LAWS(DLH)-2017-3-218] [REFERRED TO]
NOUSHAD V. VS. THE UNITED INDIA INSURANCE CO. LTD. [LAWS(KER)-2015-2-87] [REFERRED TO]
DULAL CHANDRA MAJUMDER VS. BIBEK ROY; ORIENTAL INSURANCE COMPANY LTD [LAWS(TRIP)-2015-4-55] [REFERRED]
AMIT SURESH CHAVAN VS. PANDURANG LAXMAN SALUNKE AND ORS. [LAWS(BOM)-2019-4-313] [REFERRED TO]
BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED VS. PANDIAN @ PANDITHURAI [LAWS(MAD)-2018-9-627] [REFERRED TO]
SHRIRAM GENERAL INSURANCE CO. LTD. VS. U. NITTINKUMAR [LAWS(MAD)-2021-11-196] [REFERRED TO]
SUSHIL JAYANT NANODKAR VS. MR. DNYANESHWAR VITHOBA RAUT [LAWS(BOM)-2016-8-340] [REFERRED TO]
KAPIL KUMAR VS. CHHOTU RAM AND OTHERS [LAWS(HPH)-2017-7-165] [REFERRED TO]
SHAIJU SADANANDAN VS. SHAMSUDHEEN, S/O BEERANKUTTY [LAWS(KER)-2022-5-26] [REFERRED TO]
SRUTHY. P. VS. THE NEW INDIA ASSURANCE CO. LTD. [LAWS(KER)-2015-4-108] [REFERRED TO]
MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION (TAMIL NADU) LTD VS. SARAVANA RUBAN [LAWS(MAD)-2018-10-429] [REFERRED TO]
INESHBHAI LALJIBHAI MUNIA VS. TANSUKHRAI N GOUR & OTHERS [LAWS(GJH)-2015-12-201] [REFERRED]
JUDGEMENT
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(1.)These appeals by special leave are directed against the Judgment passed by the High Court of Karnataka, Circuit Bench at Dharwad in M.F.A. No. 4502 of 2007 C/W. M.F.A. No. 3293 of 2007.
(2.)The appellant is the claimant. He filed claim petition being M.V.C. No. 515 of 2004 before the Motor Accidents Claims Tribunal, Hubli, stating that he is B.E. Degree holder in Metallurgy. He is aged 24 years and was working as Quality Engineer in Hospet Steels Ltd. On 13.04.2004 while he was returning to his home from the company he met with an accident. In the accident, he sustained grievous and fracture injuries to the knee and also left hand. He was taken to a hospital in Hubli for treatment, where his left leg was amputated. He was in the said hospital as an inpatient till June, 2004. Thereafter, he took treatment at Tulasidas Gopalji Charitable and Dhakleswar Temple Trust and All India Institute of Physical Medicine and Rehabilitation, Bombay and he is still under treatment and presently walking with the assistance of an artificial limb.
(3.)According to him, due to amputation of his left leg, he suffered 100% permanent disability. At the time of accident, he was getting monthly salary of Rs.17,200/-.as an Engineer. Because of the disability, he had to resign his job as an Engineer and take up a desk job in Industrial Development Bank of India. Being a bachelor, he has lost prospects of getting married. He thus laid the claim for a total compensation of Rs.40,75,000/- under different heads for the injuries sustained by him.
(2.)The appellant is the claimant. He filed claim petition being M.V.C. No. 515 of 2004 before the Motor Accidents Claims Tribunal, Hubli, stating that he is B.E. Degree holder in Metallurgy. He is aged 24 years and was working as Quality Engineer in Hospet Steels Ltd. On 13.04.2004 while he was returning to his home from the company he met with an accident. In the accident, he sustained grievous and fracture injuries to the knee and also left hand. He was taken to a hospital in Hubli for treatment, where his left leg was amputated. He was in the said hospital as an inpatient till June, 2004. Thereafter, he took treatment at Tulasidas Gopalji Charitable and Dhakleswar Temple Trust and All India Institute of Physical Medicine and Rehabilitation, Bombay and he is still under treatment and presently walking with the assistance of an artificial limb.
(3.)According to him, due to amputation of his left leg, he suffered 100% permanent disability. At the time of accident, he was getting monthly salary of Rs.17,200/-.as an Engineer. Because of the disability, he had to resign his job as an Engineer and take up a desk job in Industrial Development Bank of India. Being a bachelor, he has lost prospects of getting married. He thus laid the claim for a total compensation of Rs.40,75,000/- under different heads for the injuries sustained by him.
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