Shri Anand R Vs Shri Dinesha H P

SHRI. ANAND R., S/O. LATE RAMASWAMY, AGED ABOUT 33 YEARS, R/AT NO.43, 9^TH CROSS, MUTHAPPA GARDEN, OPP. INFANT JESUS CHURCH, VIVEKNAGAR POST, BENGALURU - 560 047.

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…APPELLANT

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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(BY SMT.AMBIKA M., FOR SRI.MOHAMMED SHERIFF, ADVOCATES)

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AND:

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SHRI. DINESHA H.P., S/O PUTTEGOWDA, AGED ABOUT 47 YEARS, R/AT DOORANAHOSA HALLI VILLAGE, DUNDANAYAKANA HALLI, KATTAYA HOBLI, HASSAN TLAUK AND DISTRICT - 573201.

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THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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HC-KAR

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1^ST FLOOR, KRUTHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN - 573201.

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…RESPONDENTS

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(BY SRI. B.PRAEEP, ADVOCATE FOR R-2; VIDE ORDER DATED:29/07/2025, NOTICE TO R-1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.03.2024 PASSED IN MVC NO. 969/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard learned counsels for the appellant and

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respondents.

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The appellant - claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award dated 06.03.2024 in MVC.No.969/2021

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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HC-KAR

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passed by the Additional Small Causes & Senior Civil Judge, MACT, Mysuru (for short, 'Tribunal').

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For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

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Brief facts of the case are that, on 31.12.2020 around 11.10 am, the appellant-petitioner was proceeding in his Royal Enfield motor bike bearing Reg.No.KA-01-HR-0114 along with one Mr.Vinod who was a pillion rider, at moderate speed, on the left side of the road near Ganapathi temple, Yalawala-Shrirangapattana road, Maidanahalli Village, Yelawala Hobli, Mysuru District, at that time, the respondent No.1-driver of Truck bearing Reg.No.KA-41-2289 (hereinafter referred as offending vehicle) drove the same with high speed in a rash and negligent manner, dashed the petitioner's bike from opposite side and caused the accident. Due to the said impact, the petitioner fell down and sustained grievous injuries to his head and other parts of the body. He was immediately shifted to JSS Hospital, Mysuru

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4 - NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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and treated as inpatient. Hence, the claimant has filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation under various heads.

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Smt. Ambika.M, learned counsel for the appellant vehemently contended that the Tribunal has granted a meager compensation under all heads. Though the Doctor, PW-2 has assessed the permanent physical disability of the injured at 61%, but, the Tribunal has not awarded any compensation under the head 'loss of future income'. Hence, she prays to allow the appeal.

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Sri B.Pradeep, learned counsel for the Insurance Company vehemently contended that the Tribunal considering the oral and documentary evidence on record, has granted a fair and reasonable compensation to the claimants. Hence, he prays for dismissal of the appeal.

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We have perused the material available on record. Having heard the learned counsels for both the parties, the point that would arise for our consideration in the appeal is:

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?

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To prove the claim of the appellant, he himself got examined as PW.1, the Doctor as PW.2 and got marked documents as per Ex.P-1 to Ex.P-17.

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The Doctor while narrating the contents of the claim petition, has stated that, in the accident the claimant has suffered permanent physical disability at 61% for the whole body. Therefore, the evidence of claimant is supported by documentary evidence of the doctor. The nature of injuries sustained by the claimant, Ex.P-6-copy of wound certificate clearly discloses that the claimant has suffered 61% permanent physical disability and as per Ex.P-16-the Disability Certificate issued by PW-2, the doctor.

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We have perused the Wound Certificate and the Disability Certificate and the oral evidence of PW-2, the

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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Doctor. Thus, we assess the total disability of the claimant at 21%, which is fair and reasonable one.

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The Tribunal has awarded a sum of Rs.87,000/- under the head 'loss of earning during the treatment period' considering the laid-up period as 6 months and the notional income of the claimant at Rs.14,500/- per month, which is fair and reasonable one. Hence, no interference is called for in that regard.

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Further, the claimant was admitted to the hospital for a period of 54 days and the Tribunal has granted a sum of Rs.1,50,000/- under the head 'Pain and sufferings', Rs.50,000/- towards 'Transportation, nourishment, attendant and miscellaneous expenses', Rs.1,28,000/- under the head 'Medical expenses', which is fair and reasonable one. Hence, no interference is called for in that regard.

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Further, the Tribunal has awarded a sum of

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Rs.1,00,000/- towards 'loss of amenities', which is high and

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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exorbitant one. Hence, we are reducing the sum to

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Rs.50,000/- from Rs.1,00,000/-.

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Insofar as the 'loss of future income' is concerned, the claimant was aged about 30 years at the time of accident. As per the decision rendered by the Hon'ble Apex Court in the case of SMT. SARLA VERMA AND OTHERS. Vs.

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DELHI TRANSPORT CORPORATION AND

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ANOTHER reported in AIR 2009 SC 3104 , the multiplier applicable to the age of the deceased is '17'. Thus, the compensation under the head 'loss of future earning capacity' is reassessed as under:

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Rs.14,500 x 21% x 12 x 17 = Rs.6,21,180/-

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Thus, the claimant is entitled for the following compensation:

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HEADS	Rs.
Loss of earnings during treatment	87,000
Pain and sufferings	1,50,000
Loss of amenities	50,000
Transportation, Nourishment, Attendant and Miscellaneous expenditure	50,000
Medical expenses	1,28,000

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NC: 2025:KHC:38214-DB MFA No. 4448 of 2024

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HC-KAR

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Loss of future income due to disability	6,21,180
TOTAL	10,86,180
Less : Compensation awarded by the Tribunal	5,15,000
ENHANCED COMPENSATION	5,71,180

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Accordingly, we pass the following

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O R D E R

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i. The appeal is allowed-in-part .

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ii. The judgment and award dated 06.03.2024 in MVC.No.969/2021 passed by the Additional Small Causes and Senior Civil Judge, MACT, Mysuru, is modified to the extent stated hereinabove.

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iii. The claimant is entitled for total compensation of

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Rs.10,86,180/- as against Rs.5,15,000/- awarded

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by the Tribunal.

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iv. In so far as liability is concerned, The Insurance Company is directed to deposit the enhanced compensation before the Tribunal together with interest at the rate of 6% per annum within a period

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of six weeks from today.

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v. Amount in deposit shall be transferred to the

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Tribunal for disbursement.

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vi. After deposit of the enhanced amount, the Tribunal is directed to disburse the entire compensation in favour of the claimant on proper identification and in terms of the award of the Tribunal.

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vii. No order as to costs.

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Registry is directed to send back the records along with the copy of this judgment to the Tribunal, forthwith.

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In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off.

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Sd/(D K SINGH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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DHA List No.: 1 Sl No.: 43

Shri Anand R v. Shri Dinesha H P

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Shri Anand R v. Shri Dinesha H P

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