The High Court enhanced compensation awarded for severe injuries to the appellant in a motor accident case by reassessing disability percentage, income, and pain-and-suffering damages.
Compensation enhanced to Rs.10,66,489/- including interest at 6% p.a.; Insurance Company directed to deposit the amount within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 322 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISC. FIRST APPEAL NO. 322 OF 2014 (MV-I)
BETWEEN:
…APPELLANT
(BY SMT.PRASANNA K., ADVOCATE FOR SRI.CHANDRANATH ARIGA K., ADV.)
AND:
Digitally signed by PANKAJA S Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.M.U.POONACHA, ADVOCATE FOR R2 NOTICE TO R1 D/W VIDE ORDER DATED 23.04.2014)
MFA No. 322 of 2014
THIS APPEAL IS FILED UNDER 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.9.2013 PASSED IN MVC NO.1663/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. "Contusion, 6 cm x 6 cm over left side of the head, just above the ear with underlying fracture of left parietal bone involving the left mastoid, extra dual haematoma over left temporal parietal region and haemorrhagic contusion over right temporal region (CT scan of brain No.24540)
MFA No. 322 of 2014
2. Swelling and deformity around right wrist with underlying fracture of lower end of radius and lower end (stolid process) of ulna.
3. Comminute fracture of Helm of right hipbone.
4. Swelling and deformity at the junction of middle and lower one third or right thigh with unfracture of shawl of femur.
5. Lacerated wound, 6cm x 4 cm x bone deep over front aspect of middle right leg with skin loss along with underlying communicated fracture of shaft of tibia throughout it length and fracture of shaft of fibula.
6. Diffused swelling around left knee with underlying fracture of upper end of tibia."
proceeded to award the following sums:
| Sl.No. | Different heads | Rs. Ps. |
|---|---|---|
| 1. | Pain and sufferings | 50,000-00 |
| 2. | Medical bills | 2,40,089-00 |
| 3. | Food, conveyance and other expenses during treatment period |
25,000-00 |
MFA No. 322 of 2014
| 4. | Loss of future earning capacity | 2,88,000-00 |
|---|---|---|
| 5. | Loss of income during treatment period |
10,000-00 |
| 6. | Future medical expenses | 30,000-00 |
| TOTAL | 6,43,089-00 | |
| Rounded off | 6,44,000-00 |
MFA No. 322 of 2014
he is not able to do any kind of work either easy or difficult and the doctor has opined that the petitioner has suffered disability of 9% in the right upper limb and 40% in the right lower limb. The Tribunal for the purpose of assessing the compensation has recorded a finding that the claimant had suffered a disability of 30%. In my view, having regard to the medical evidence, that the claimant is not able to walk, stand or do daily activities on his own, it would be just and proper to take disability of 40% as against 30% assessed by the Tribunal.
MFA No. 322 of 2014
would be appropriate to take income of the claimant at Rs.8,000/- per month. As a consequence, claimant is entitled for loss of earning capacity at Rs.6,14,400/(8000 X 12 X 16 X 40%)
MFA No. 322 of 2014
expenses. Therefore, it is held that the claimant will not be entitled to any sum towards future medical expenses.
| 1 | Pain and sufferings | 1,00,000/- |
|---|---|---|
| 2 | Medical bills | 2,40,089/- |
| 3 | Food, conveyance and other expenses during treatment period |
50,000/- |
| 4 | Loss of future earning capacity | 6,14,400/- |
| 5 | Loss of income during treatment period |
32,000/- |
| 6 | Future medical expenses | 30,000/- |
| TOTAL | 10,66,489/- |
MFA No. 322 of 2014
Appeal is accordingly allowed in part.
SD/JUDGE
MH/-
2 issues framed by the court
Whether the damages awarded by the Tribunal for pain and sufferings and loss of earning capacity require enhancement.
Whether the quantum of disability and monthly income should be reassessed based on medical evidence.
Sri Wilson T S/o Francis K M
Mrs Vimala Rai
The Branch Manager United India Insurance Company Ltd
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
