Appeal by a pedestrian injured in a 2015 tempo traveller collision for enhancement of tribunal compensation of Rs.3,42,600. Court raised notional income to Rs.9,000 per month, disability to 20%, and enhanced heads, granting total Rs.4,67,160 payable by the insurer.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1681 OF 2021 (MV-I)
BETWEEN:
SRI. MAINUDDIN @ MAINUDDIN ANSARI AGED ABOUT 45 YEARS S/O. IMAAMUDDIN ANSARI R/O. NO.2 DODDANAGAMANGALA ELECTRONIC CITY POST BENGALURU - 560 100.
…APPELLANT
(BY SRI. R.L.UDAYA KUMAR, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
COMPANY LIMITED, NO.121, THE ESTATE 9TH FLOOR, DICKENSON ROAD, M G ROAD, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. B.C.SHIVANNEGOWDA, ADVOCATE FOR R2 NOTICE TO R1 D/W V/O DATED 12.11.2022)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.05.2018, PASSED IN MVC NO.2822/2016, ON THE FILE OF THE XXI ACMM., AND XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-25) AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant challenging the judgment and award dated 05.05.2018 in MVC.No.2822/2016 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-25) (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal.
their status before the tribunal.
On 05.11.2015 at about 8.00 a.m., the claimant was walking on the extreme left side of Bengaluru-Hosur (NH-7) road and at that time, a tempo traveler bearing Reg.No.KA-01AB-1149 came from opposite direction in a rash and negligent manner and dashed against the claimant. Resulting, the claimant sustained grievous injuries and was shifted to Blossom Hospital, Bommanahalli, Hosur Main Road, wherein the claimant took treatment as inpatient. It is stated that the claimant was working as Helper in a private company and was earning a sum of Rs.10,000/- per month. Due to occurrence of
accident, he has suffered physical disability and he is unable to do his work. Thereby, his future earning capacity is reduced and it has affected him mentally and emotionally. Therefore, he has filed the claim petition seeking enhancement of compensation.
appeared before the Court through their respective counsels but only respondent-Insurance Company filed statement of objections, denying the averments made in the claim petition including age, avocation, income of the claimant and sought for dismissal of the claim petition.
relevant issues for consideration.
NC: 2024:KHC:3632 MFA No. 1681 of 2021
NC: 2024:KHC:3632 MFA No. 1681 of 2021
statement of the Doctor-PW.3 and he seeks dismissal of the appeal.
Authority prescribes the income of Rs.9,000/- per month for the accident of the year 2015. Hence, income is required to be taken as Rs.9,000/- per month. The Doctor has assessed 30% of vision disability, 50% of neronpsychological disability and 63.13% of disability to the whole body. However, the tribunal has assessed the disability at 15%, which in opinion of this Court is to be taken as 20%. Therefore, loss of future earning capacity due to disability would be (9000 X 12 X 13 X 20/100) = Rs.2,80,800/- as against Rs.1,87,200/- awarded by the Tribunal.
Rs.3,42,600/- as mentioned in the table below:
| Heads | Amount in Rs. |
|---|---|
| Pain and suffering | 40,000-00 |
| Medical expenses | 69,360-00 |
| Loss of income during laid up period | 27,000-00 |
| Loss of future income | 2,80,800-00 |
| Loss of future amenities and |
25,000-00 |
| happiness | |
| Attendant, conveyance, food and nourishment charges |
25,000-00 |
| TOTAL | 4,67,160-00 |
ORDER
i) The appeal is allowed-in-part;
NC: 2024:KHC:3632 MFA No. 1681 of 2021
Sd/JUDGE
SMJ List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the tribunal's compensation award of Rs.3,42,600 was inadequate and required enhancement under various heads?
1 provisions across 1 enactments
SRI. MAINUDDIN @ MAINUDDIN ANSARI
M/S. S.R.S. TRAVELS REP. BY ITS PROPRIETOR K T RAJASHEKAR
ICIC LOMBARD GENERAL INSURANCE COMPANY LIMITED
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
