The Manager Reliance Gic Ltd. Vs Siddalingaswamy

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NC: 2025:KHC:14888 MFA No. 4986 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2025 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.4986 OF 2024 (MV-I)

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BETWEEN:

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THE MANAGER RELIANCE GIC LTD ALWAYS BUILDING, 2ND FLOOR, SM TOWERS, 11TH MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU-68 REP BY THE MANAGER RELIANCE GIC LTD., NO.28, 5TH FLOOR, EAST WING, CENTURY BUILDING, M.G.ROAD, BENGALURU-560001

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…APPELLANT

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(BY SRI MALLIKARJU REDDY N.A. FOR SRI PRADEEP B., ADVOCATES)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SIDDALINGASWAMY S/O.LATE SHIVANNA AGED ABOUT 36 YEARS R/AT VADEYARAPURA VILLAGE KEMBAL POST HEBBUR HOBLI TUMAKURU TALUK

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DRUVEDESH MOTORS PVT.LTD. 1818, SHANKAR HOUSE RMV EXTENSION, MEKRI CIRCLE SADASHIVANAGARA BENGALURU NORTH-560 080 REP. BY ITS MANAGER

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…RESPONDENTS

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(BY SRI RAGHU R., ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED V/O.DATED 17.09.2024)

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2 - NC: 2025:KHC:14888 MFA No. 4986 of 2024

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THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 30.04.2024 PASSED IN MVC.NO.146/2021 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MACT-XI, TUMAKURU.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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This appeal is preferred by the appellant-Insurance

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Company challenging the judgment and award dated 30.04.2024 passed in MVC.No.146/2021 on the file of the Additional Senior Civil Judge and CJM, MACT-XI, Tumakuru (for short ‘the tribunal’). This appeal is founded on the premise of exorbitant compensation awarded by the tribunal.

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It is the vehement contention of learned counsel for appellant-Insurance Company that the tribunal has committed a gross error in taking the income of Rs.14,500/- per month, despite there being no proof of income, so also, the tribunal has committed an error in awarding future prospects at 40%, which is arbitrary and

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NC: 2025:KHC:14888 MFA No. 4986 of 2024

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illegal as there is no serious disability to the extent, where

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the future prospects requires to be awarded.

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2.1 It is also contended by learned counsel for appellant-Insurance Company that Doctor has been examined as PW.2, who opined the disability to an extent of 13% to the whole body. Therefore, the question of adding 40% future prospects to the income is illegal and the same requires to be set-aside. Learned counsel further contends that on the other heads also, the tribunal has awarded exorbitant compensation and the same requires to be reduced. On these grounds, he seeks to allow his appeal and consequently, reduce the compensation.

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Per contra , learned counsel for respondentclaimant vehemently contends that the tribunal is justified in awarding just and reasonable compensation. The income taken by the tribunal is correct, which is in consonance to the Karnataka Legal Services Authority chart. In view of the age of the claimant being 37 years, the multiplier applied by the tribunal at '15' is correct and

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the same does not call for interference. The future prospects awarded is on the basis of magnitude and gravity of the injuries sustained by the claimant and the same requires to be retained. He sustains the compensation awarded by the tribunal under other heads. Consequently, he seeks dismissal of the appeal.

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I have heard learned counsel for appellantInsurance Company and learned counsel for respondentclaimant.

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The occurrence of accident, involvement of the vehicle and the injuries sustained by the claimant, who was the pillion rider in the road traffic accident are established and proved by production of Exs.P1 to P19. The claimant is aged 37 years and multiplier applied at '15' is correct. The income assessed by the tribunal at Rs.14,500/- is in consonance to the national income prescribed by the Karnataka Legal Services Authority, which also does not call for interference and the same is retained.

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The only point that calls for interference in this case is awarding of future prospects at 40% in addition to the income by the tribunal. I am in agreement with learned counsel for appellant-Insurance Company that the tribunal has committed an error in adding 40% to the income towards future prospects when the disability is only to an extent of 13% to the whole body and there is no serious loss of future earning capacity. Under the circumstances, the loss of future income due to disability would have to be modified in the following manner:

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Rs.14,500/- x 15 x 12 x 13% = Rs.3,39,300/-

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Therefore, the claimant is entitled to the reduced compensation of Rs.3,39,300/- towards loss of future income due to disability as against Rs.4,75,020/- awarded by the tribunal.

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As regards the compensation awarded under other heads namely, pain and suffering, attendant charges,

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extra nutritious food and conveyance expenses, loss of income during laid up period, medical expenses, loss of

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future amenities and happiness and future medical expenses, do not call for interference and the same are retained.

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8. Accordingly, I pass 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 30.04.2024 passed in MVC.No.146/2021 on the file of the Additional Senior Civil Judge and CJM, MACTXI, Tumakuru, is modified;

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iii) The claimant is entitled to the reduced compensation of Rs.6,42,121/- along with interest @ 6% p.a. as against Rs.7,78,000/awarded by the tribunal;

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iv) The appellant-Insurance Company shall pay the balance amount, if any, to the respondentclaimant within a period of four weeks from the date of receipt of a copy of this order;

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