Sri. Paramesh Vs Chandra. a

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NC: 2025:KHC:24011 MFA No. 2056 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 2056 OF 2018 (MV-I)

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BETWEEN:

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SRI. PARAMESH, S/O PAPANNA, RESIDENT OF KOKKANAGHATTA VILLAGE, KASABA HOBLI,HASSAN TALUK AND DISTRICT-573201.

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APPELLANT

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(BY SRI. CHETHAN B.,ADVOCATE)

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AND:

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CHANDRA. A S/O JAVAREGOWDA, R/AT ANKAPURA VILLAGE AND POST, KATTAYA HOBLI, HASSAN TALUK AND DISTRICT-573102.

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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THE MANAGER,, HDFC ERGO GENERAL INSURANCE COMPANY LIMITED., REGIONAL OFFICER, 5TH FLOOR, SHANKARANARAYANA BUILDING, M.G.ROAD, BANGALORE-01.

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RESPONDENTS (BY SRI. O MAHESH.,ADVOCATE FOR R2; NOTIECE TO R1 IS DISPENSED WITH V/O DATED 25.07.2022)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2017 PASSED IN MVC NO.1420/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

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NC: 2025:KHC:24011 MFA No. 2056 of 2018

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HC-KAR

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988¹ challenging the judgment and award dated 01.09.2017 passed in MVC No.1420/2015 by the II Additional District and Sessions Judge and Additional MACT, Hassan² , seeking for enhancement of compensation.

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For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.

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The Tribunal vide its judgment and award dated 01.09.2017 has partly allowed the claim petition and has awarded a total compensation of `4,12,000/- together with interest at 6% per annum. Being aggrieved, the present appeal is filed seeking for enhancement of compensation.

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The findings of the Tribunal on negligence and liability are not under challenge and have attained finality.

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1 Hereinafter referred as to ‘Act’

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2 Hereinafter referred as to ‘Tribunal’

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3 - NC: 2025:KHC:24011 MFA No. 2056 of 2018

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HC-KAR

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Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded.

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Heard submissions of learned counsel Sri B Chethan

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appearing for the appellant - claimant and learned counsel Sri O Mahesh appearing for respondent No.2 – insurer.

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It is forthcoming that the claimant was aged 36

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years as on the date of the accident i.e., on 21.02.2015. The Tribunal has applied the appropriate multiplier ‘15’ which is just and proper.

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The claimant has stated that he was an electrician

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and an agriculturist. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the notional income of the claimant as `6,500/- per month. Although, it is the vehement contention of the learned counsel for the insurer that the notional as stipulated for settlement of cases in lok-adalat ought not to be followed and it was onus of the claimant to prove his avocation, since, he has stated that he is an electrician, having regard to the date of the accident and in view of the fact that the claimant has not

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HC-KAR

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produced any documents to demonstrate his income, the Tribunal was justified in recording the finding that the notional income is to be assessed and keeping in mind the date of the accident, it is just and proper that the notional income is reassessed as `9,000/-.

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It is forthcoming from the wound certificate (Ex.P3), discharge summary (Ex.P11) and other material available on record that the claimant has sustained head injury, compression fracture of the spine and other simple injuries. The claimant took treatment as an inpatient for a total period of 14 days.

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The doctor (PW.2) has deposed that the neuropsychological assessment of the claimant was done on 21.12.2016 and the disability of the claimant has been assessed as per the said report as 39.37%. The Tribunal, noticing that the doctor who conducted the neuropsychological assessment has not been examined and PW.2 has merely assessed the disability of the claimant as per the said report, re-assessed the disability as 25%.

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HC-KAR

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It is vehement contention of learned counsel for the claimant that the disability has been assessed on the lower side and that the disability as assessed by PW.2 ought to be granted.

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It is forthcoming that the neurobehavioral disability and cognitive disability assessment of the claimant has been done and the report dated 21.12.2016 (Ex.P16) discloses conducting of a veracity of tests for the purpose of arriving at the said assessment. The said report has been submitted by the neuropsychological counselor who is also a neurophysiologist. It is forthcoming from Ex.P16 that the cognitive disability of the claimant has been assessed as 22% and neuro behavioral disability has been assessed as 23%. Hence, the combined neuro behavioral and cognitive disability have been assessed as 39.37%. Although, the doctor who has given the report (Ex.P16) has not been examined and the Tribunal, appreciating the testimony of PW.1 has recorded a finding that PW.2 has not conducted any test, in view of the detailed assessment conducted vide Ex.P.16, it is just and proper that the disability of the claimant be re-assessed as 30%.

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HC-KAR

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In view of the aforementioned, the compensation is re-assessed as follows:

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i. Having regard to the nature of injuries sustained, the compensation awarded towards pain and suffering is reassessed as 60,000/- as against 50,000/- awarded by the Tribunal.

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ii. The compensation awarded by the Tribunal of `53,000/- towards medical expenses is just and proper.

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iii. The Tribunal has awarded 4,500/towards attendant charges, 10,000/- towards loss of comfort, 2,000/towards conveyance. Having regard to the nature of injuries sustained and period of treatment and taking the same into consideration, the compensation towards food, nourishment, consortium and attendant charges is re-assessed as 20,000/-.

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iv. The Tribunal has not awarded any compensation towards loss of amenities. Having regard to the nature of injuries sustained and the resultant disability, the compensation towards loss of amenities is awarded as `25,000/-.

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v. The Tribunal has not awarded any compensation towards loss of income during period of treatment. Having

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HC-KAR

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regard to the nature of injuries sustained and the period of treatment, during the laid up period is assessed as three months. Accordingly, compensation of (9000/- X 3) =27,000/- is awarded towards the same.

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vi. The compensation towards loss of income due to disability is re-assessed as (9000 X 12 X 15 X 30%) =4,86,000/- as against 2,92,500/- awarded by the Tribunal.

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Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa.

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In view of the aforementioned, the compensation re-assessed is as follows:

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Sl.No	Compensation Head	Amount Awarded by the Tribunal(`)	Amount awarded by this Court (`)
1	Medical expenses	53000.00	53000.00
2	Pain and suffering	50000.00	60000.00
3	Loss of income due to disability	292500.00	486000.00
4	Food, nourishment, diet, conveyance and attendant charges	16500.00	20000.00
5	Loss of amenities	00.00	25000.00
6.	Loss of income during period of treatment	00.00	27000.00
	Total	412000.00	671000.00

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HC-KAR

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Accordingly, the Claimant is entitled to an enhanced

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compensation of (6,71,000/- - 4,12,000/-)= `2,59,000/-.

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In view of the aforementioned, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The judgment and award dated 01.09.2017 passed in MVC No.1420/2015 by the II Additional District and Sessions Judge and Additional MACT, Hassan, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

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iii) The appellant/claimant is entitled to an enhanced compensation of `2,59,000/together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

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