Cross appeals by claimant and insurer against motor accident compensation award for a pillion rider who suffered above-knee amputation. The High Court held disability at best 50%, but recomputation with Rs.9,500/- income plus 25% prospects yielded no difference, and dismissed both appeals.
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.
NC: 2024:KHC:10394 MFA No. 2359 of 2019 C/W MFA No. 6462 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 2359 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6462 OF 2018 (MV-I) IN MFA NO. 2359/2019
BETWEEN:
SRI. PUTTASWAMY, S/O BUDAIAH @ LATE LINGAIAH, AGED ABOUT 53 YEARS, R/O APPANAHALLI VILLAGE, SANTHEBACHALLI HOBLI, K.R. PETE TALUK, MANDYA DISTRICT, NOW RESIDING AT: 4TH CROSS, CHANNABASAVESHWARA NAGARA, TUMAKURU - 572 101.
…APPELLANT
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
(BY SRI. SATHISHA T, ADVOCATE)
AND:
NC: 2024:KHC:10394 MFA No. 2359 of 2019 C/W MFA No. 6462 of 2018
BENGALURU - 560 006.
…RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; VIDE ORDER DATED 08.09.2021 NOTICE TO R1 DISPENDED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.3.18 PASSED IN MVC NO.1022/16 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE & MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 6462/2018
BETWEEN:
M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., B.H. ROAD, NEAR BHADRAMA CHOULTRY, TUMAKURU, NOW REPRESENTED BY ITS M/S SHRIRAM GENERAL INSURANCE COMPANY LTD, NO.3/5, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI MAIN ROAD, OFF BANNERUGHATTA ROAD, IIM POST, BANGALORE - 576 302.
…APPELLANT
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE)
AND:
S/O BUDAIAH @ LATE LINGAIAH, NOW AGED ABOUT 52 YEARS, R/O APPANAHALLI VILLAGE, SANTEBACHALLI HOBLI, K.R. PET TALUK, MANDYA DISTRICT, NOW R/AT 4TH CROSS, CHANNABASAVESHWARANAGARA, TUMAKURU - 572 101.
…RESPONDENTS
(BY SRI. SATHISHA T, ADVOCATE FOR R1; VIDE ORDER DATED 01.07.2022 NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2018 PASSED IN MVC NO.1022/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.13,15,312/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.1022/2016 dated 19.03.2018 on the file of II Addl. District Judge and MACT, Tumakuru, the claimant as well as the Insurance Company are before this Court. The claimant appeal is MFA No. 2359/2019 and the Insurance Company appeal is MFA No. 6462/2018.
of an amount of Rs.15,00,000/- with interest at the rate of 12% per annum by the claimant. It is the case of claimant
that the claimant was traveling as a pillion rider on the
Hero Passion Pro motor cycle, at that time, a Tata Ace goods vehicle bearing Reg.No.KA-05-AC-9586 driven by its driver came in a rash and negligent manner and dashed to the motor cycle, as a result, the rider as well as the pillion rider sustained injuries. As per the wound certificate, the
claimant had sustained following injuries:
The evidence of the doctor is there is amputation above
the knee and the disability to the limb is at 80% and the Court considering the disability at 80% and considering the salary at an amount of Rs.8,000/-, granted the compensation as per the table below:
| Pain and sufferings | Rs.60,000/- |
|---|---|
| Medical expenses | Rs.49,912/- |
| Food and nourishment | Rs.15,000/- |
| Transportation charges | Rs.15,000/- |
| Loss of amenities in life | Rs.40,000/- |
| Loss of future income | Rs.9,98,400/- |
| Attendant charges | Rs.5,000/- |
| Loss of income during laid up period |
Rs.32,000/- |
| Future medical expenses | Rs.1,00,000/- |
| Total | Rs.13,15,312/- |
claimant submits that the Court below had taken income of the claimant at an amount of Rs.8,000/- per month when it is the case of the claimant that he was earning Rs.15,000/- per month. It is submitted that when the amputation is above the knee, the compensation that is granted by the Court below is not reasonable and the compensation needs to be enhanced.
Company submits that it is the evidence of the doctor that
the disability of the claimant is at 80% to the whole body, the Court below has granted compensation of an amount of 9,98,400/- towards loss of future income which is on the higher side. Taking disability at 80% is on the higher side. It should have been 50%.
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
JS List No.: 1 Sl No.: 22 CT: BHK
1 issue framed by the court
Whether the tribunal erred in taking disability at 80% and income of Rs.8,000/- per month for computing compensation for above-knee amputation injuries.
1 provisions across 1 enactments
Puttaswamy
Siddalingaiah
The Manager, Sriram General Insurance Company Ltd.
M/s Shriram General Insurance Company Ltd.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
