Sri Prathviraj Shetty Vs Mrs Sally Jose Katticaran

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NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1776/2015 (MV-I)

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BETWEEN:

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SRI PRATHVIRAJ SHETTY, S/O PADMANABHA SHETTY, AGED ABOUT 27 YEARS, R/O D NO.2-9-741, THOBIAS COMPOUND, SANKEIGUDDE ROAD, BEJAI NEW ROAD, MANGALORE 575004, DK …APPELLANT (BY SMT. HALEEMA AMEEN, ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka

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MRS SALLY JOSE KATTICARAN W/O JOSE KATTICARAN, AGED ABOUT 54 YEARS, "CUCKOO’S NEST" GORIGUDDA, 2^ND CROSS, VELNCIA, MANGALORE-575 002.

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THE MANAGER, THE ICICI LOMBARD GENERAL INSURANCE CO.LTD., CORP. OFFICE ZENITH HOUSE, KESHAVA RAO KHADE MARG, MAHALAXMI, MUMBAI-400 034.

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…RESPONDENTS

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(BY SRI. P.S. JAGADISH, ADVOCATE FOR R2, R1 SERVED)

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2 - NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.01.2015 PASSED IN MVC NO.1422/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MACT, MANGALORE, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 19.01.2015 passed in MVC No.1422/2010 on the file of the II Additional District Judge, MACT, Mangalore, D.K., for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2Insurance Company. Notice to respondent No.1 is served and unrepresented. The ranks of the parties are retained as per tribunal for the sake of convenience.

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3 - NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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Brief history of the case is that the injured claimant was pursuing his MBA, 4^th semester and he met with an accident on 18.04.2010 and file case before the Tribunal for claiming compensation of Rs.45,00,000. The Tribunal considering the oral and documentary evidence and also evidence of the medical board, assessed the disability as 90% and granted Rs.39,43,800/- with interest at the rate of 6% p.a. from the date of petition till the date of deposit.

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Aggrieved by the said order, he preferred appeal and mainly submits that the injured who met with an accident studying in 4^th Semester, MBA, could not continue the course and did not complete MBA. Presently, appellant is bed ridden. Not in a position to move his body parts, except restricted hand and head movements. He cannot put his signature or thumb impression.

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Learned counsel for the appellant mainly contended that the tribunal failed to appreciate the

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4 - NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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material evidence on record properly. The compensation awarded for pain and suffering is on the lower side. The injury sustained by him requires prolonged treatment. Tribunal ought to have taken the disability as 100% instead of 90%. His future prospects is on lower side. Loss

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of amenities granted is on lower side. Loss of marital prospects was not awarded. The amount granted for incidental expenses and future medical expenses is on lower side. He has to live his entire life depending upon some others and needs attendants permanently and the amount granted by tribunal is meager. So also, his outstanding educational loan was Rs.4,00,000/- but the tribunal granted only Rs.2,00,000/-. Tribunal erred in granting Rs.5,000/- per month towards future medical and attendant expenses. Thus, requested for enhancement.

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Tribunal referred the petitioner to the Medical

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Board and they gave detailed report. As per Ex.P21, the details of the report are extracted in paragraph No.21 of the tribunal Judgment and considering their

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5 - NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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recommendation in detail, the tribunal rightly assessed the disability as 90% and it needs no interference. The petitioner was pursuing his 4^th Semester, MBA and was about to complete his post graduation, but could not complete the same due to the injury sustained by him. As such, his income was taken as Rs.12,000/-. But the counsel for petitioner relied upon the judgment in case of

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B. Ramalamma versus Venkatesh Bus Union, Lingarajam, Bangalore and another , reported in 2011

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AC1 1702 in which it is stated that the income may be considered from Rs.12,000/- to 15,000/- as the student was Engineering student and he was a Computer Engineer. Therefore, this Court finds that it is just and reasonable to take his income as Rs.15,000/- per month.

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Hence, Rs.15,000 X 12 X 18 X 90% =

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Rs.29,16,000/- is enhanced towards future loss of income.

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6 - NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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Admittedly, he was suffering from paraplegia and is totally bed ridden. Therefore, the amounts granted under the head Pain and suffering and loss of amenities are enhanced to Rs.1,50,000/- respectively. Medical expenses of Rs.1,56,000 /- granted by tribunal needs no interference. Attendant charges and future expenses were granted at the rate of Rs.10,80,000 /-, however, learned counsel for the appellant contended that he requires 2 attendants regularly and he is leading vegetative life and he requires future medical expenses also. Even PW2 also confirmed that he is leading vegetative life and was confined to the wheel chair. Therefore, this court finds it reasonable to enhance the said amount to Rs.15,00,000/-. The amount of educational loan granted by tribunal of Rs.2,00,000/- also requires no interference. As the injured was aged 24 years and is now bed ridden, this court also finds it reasonable to grant an amount Rs.3,00,000/- towards loss of future prospects of marriage.

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HC-KAR

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Thus in all, components awarded by this court

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are as below,

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Particulars	Amount in Rs.
future loss of income.	29,16,000
Pain and suffering	1,50,000
Loss of amenities	1,50,000
Medical expenses	1,56,000
Attendant charges and	15,00,000
future expenses
Educational loan	2,00,000
Loss of future prospects	3,00,000
Total	53,72,000

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Hence, the appellant-claimant is entitled for a total

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enhanced compensation of Rs.53,72,000/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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NC: 2025:KHC:32803 MFA No. 1776 of 2015

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HC-KAR

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ii. The judgment and award dated 19.01.2015 passed in MVC No.1422/2010 on the file of the II Additional District Judge, MACT, Mangalore, D.K., is modified;

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iii. The claimant is entitled to a sum of Rs. 53,72,000 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.39,43,800/granted by the tribunal.

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iv. Respondent No.2 is directed to deposit the amount within one month from the date of this order;

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v. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same.

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SD/(P SREE SUDHA) JUDGE

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AKV

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List No.: 1 Sl No.: 34

Sri Prathviraj Shetty v. Mrs Sally Jose Katticaran

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Sri Prathviraj Shetty v. Mrs Sally Jose Katticaran

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