Claimant injured in a road accident appealed for enhancement of MACT award of Rs.3,86,000. The High Court raised notional income to Rs.12,000, took disability at the doctor-assessed 21%, and added heads for loss of academic year, pain and suffering, loss of amenities, future medical expenses and legal expenses.
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:12913 MFA No. 4664 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4664 OF 2018 (MV-I)
BETWEEN:
SRI KARTHIK K, S/O KUMARADOSS, AGED ABOUT 25 YEARS, R/AT KULLAPPA BUILDING, 2ND CROSS, CHURCH STOP, RAMAMURTHY NAGAR, BENGALURU-560 016.
PERMANENT ADDRESS: NO.326/14, SUNNANPUPATHI, THENNADYIALAM, WALAJA TALUK, VELLORE DISTRICT-632 517.
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
…APPELLANT
(BY SRI AMBIK & MOHAMMED SHERIFF, ADVOCATES) AND:
NC: 2024:KHC:12913 MFA No. 4664 of 2018
KALYAN NAGAR, BENGALURU-560 043.
…RESPONDENTS
(BY SRI H S LINGARAJU, ADVOCATE FOR R-1; NOTICE TO R2 IS DISPENSED WITH V/O DATED 22.11.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2017 PASSED IN MVC NO.2916/2015 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE & XXXIII ACMM, MEMBER-MACT, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC.No.2916/2015
dated 18.07.2017, the claimant is before this Court seeking enhancement of the compensation.
of the doctor the claimant had sustained disability of 21%. It is also stated that because of these injuries though he has to appear for the exam in the month of May-2015 but he could appear for the exams only in the month of December-2016. He had taken loan from the City Bank and he had to complete the course within two years. Because of the accident, he could not complete the course within time. The Court below considering the disability at 18% and income at Rs.6,000/- per month had granted the compensation as per the table given below:
| Sl. No. |
Head of Compensation | Amount in Rs. |
|---|---|---|
| I | Pecuniary Damages (Special Damages) |
|
| 1 | Expenses relatingto: | |
| a) to treatment, hospitalization, medicines, transportation (Rs.1,01,338/- rounded off Rs.1,02,000/-) |
1,02,000-00 | |
| b) nourishing food and miscellaneous expenditure |
15,000-00 | |
| 2 | Loss of earnings which the injured would have made had he not been injured, comprising: |
- |
| a) Loss of earnings during period of treatment |
- | |
| b) Loss of future earnings on account of permanent disability (Rs.6,000/- X 12 X 18 X 18% = 2,33,280/- rounded of Rs.2,34,000/-) |
2,34,000-00 | |
| 3 | Future medical expenses |
| II | Non-pecuniary damages (General Damages) |
|
|---|---|---|
| 4 | Damages for pain, suffering and trauma as a consequence of the injuries |
25,000/- |
| 5 | Loss of amenities (and/or loss of prospects of marriage) |
10,000/- |
| 6 | Loss of expectation of life (shortening of normal longevity) |
- |
| Total | 3,86,000-00 |
had taken income of a MBA student at Rs.15,000/- and the same has to be taken in this case. It is further submitted that
the Court had not granted the reasonable amount on all the heads. Compensation granted by the Court under the head of 'loss of future earning' and 'loss of amenities' and 'pain and suffering' is not just and reasonable. The Court had not granted any amount for the loss of one academic year. It is submitted that the injuries sustained by the claimant would have an impact on his future life. Granting an amount of Rs.3,86,000/- is on the lower side.
as rightly pointed out by the learned counsel for the appellant, the claimant who has to appear for the exam in the month of May-2015, had written his exams in the month of December2016. Hence, for the 'loss of one academic year' as he had to pay interest on the loan amount, this Court is granting an
amount of Rs.40,000/- . Towards 'pain and suffering' considering the four grievous injuries, this Court is granting an amount of Rs.70,000/- and towards 'loss of amenities' Rs.30,000/- . Towards 'future medical expenses' the Court below had not granted any amount and hence, this Court is granting an amount of Rs.30,000/- .
NC: 2024:KHC:12913 MFA No. 4664 of 2018
| Sl. No. |
Heads | Amount (in Rs.) |
|---|---|---|
| 1. | Medical expenses | 1,02,000/- |
| 2. | Transportation and nourishment |
15,000/- |
| 3. | Loss of future earnings | 5,44,320/- |
| 4. | Loss of academic year | 40,000/- |
| 5. | Pain and suffering | 70,000/- |
| 6. | Loss of amenities | 30,000/- |
| 7. | Future medical expenses | 30,000/- |
| 8. | Legal Expenses | 10,000/- |
| TOTAL | 8,41,320/- | |
| (Less: Compensation awarded by the Tribunal) |
3,86,000/- | |
| Enhancement | 4,55,320/- |
allowed-in-part , enhancing the compensation of an amount from Rs.3,86,000- to Rs.8,41,320/- .
ORDER
NC: 2024:KHC:12913 MFA No. 4664 of 2018
Pending miscellaneous petitions, if any, shall stand closed.
SD/JUDGE
NR/List No.: 1 Sl No.: 22
*Corrected vide chamber order dated: 02.09.2024.
2 issues framed by the court
Whether the compensation awarded to an injured MBA student should be enhanced by reassessing notional income and disability percentage.
Whether the claimant is entitled to amounts under heads of loss of academic year, future medical expenses and legal expenses.
Colour shows how this judgement treated each authority
Bhagyamma and others vs A.S.SrinathRelied on¶3
BHAGYAMMA AND OTHERS VS. A.S.SRINATH in MFA.No.3464/2019
1 provisions across 1 enactments
Sri Karthik K
The HDFC ERGO General Insurance Company Ltd.
Smt. Asma Archana Raju
Lalitha Kanneganti
As recorded by the court registry
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