Sri Ravi Vs Sri Yogesh H K — Motor Accident Claims | Karnataka HC (2025)

Sri Ravi Vs Sri Yogesh H K — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal Allowed-in-Part: judgment and award dated 28.02.2019 in MVC No.513/2016 modified; appellant-claimant entitled to additional compensation of Rs.1,21,000/- (Rs.3,46,820 – Rs.2,25,820) with interest at 6% per annum from the date of filing of the petition till realization, in addition to what was awarded by the Tribunal; Respondent-Insurance Company directed to deposit the enhanced compensation with interest at 6% per annum from the date of petition till realization, except for the period of 168 days delay in filing the appeal, within six weeks from receipt of copy of the order; upon deposit, the entire enhanced compensation with accrued interest to be released in favour of the appellant on proper identification; no order as to costs.

Issue for consideration

Whether the appellant/claimant is entitled to enhancement of compensation — the date of accident, involvement of the vehicle, injuries sustained and liability to pay compensation being not in dispute, only the quantum of compensation falls for consideration.

Court's answer

This Court held that the appellant had made out a case for redetermination of compensation; the Tribunal failed to properly assess the nature of the injuries, duration of inpatient treatment and expenses incurred while awarding compensation under specific heads.

Ratio / Principle

Monthly income of the appellant/claimant was reassessed at Rs.9,000/- per month — the income fixed for the year 2015 under the chart prepared by the Karnataka Legal Services Authority ('KSLSA') — in place of the Rs.6,000/- per month assessed by the Tribunal.

Key takeaways

The claimant was aged 25 years as on the date of the accident; the appropriate multiplier applicable is 18; the disability assessed by PW-2 (Doctor) was retained; accordingly 'Loss of Future Income' was recomputed as Rs.9,000 x 12 x 18 x 10% = Rs.1,94,400/-.ratio¶¶52
In view of the grievous nature of the injuries suffered, compensation under the head 'Pain and Sufferings' was enhanced to Rs.50,000/- instead of the Rs.40,000/- awarded by the Tribunal.ratio¶¶54
The compensation of Rs.25,420/- awarded by the Tribunal towards 'Medical Expenses' was found just and proper and retained without interference.

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 – S.173(1) – Enhancement of motor accident compensation (MVC No.513/2016, Senior Civil Judge & MACT, Holenarasipura). Injuries: fracture of left femur (X-ray showing malunited fracture), tenderness chest and TL spine; 22 days inpatient treatment; implant inserted, future removal surgery estimated at Rs.20,000/-. Tribunal had awarded Rs.2,25,820/-. Held: case made out for redetermination — monthly income taken at Rs.9,000/- per the Karnataka Legal Services Authority (KSLSA) chart for the year 2015 instead of Rs.6,000/- fixed by the Tribunal; multiplier 18 for age 25; PW-2 assessed disability (10%) retained; Loss of Future Income recomputed at Rs.9,000 x 12 x 18 x 10% = Rs.1,94,400/-. Pain and Sufferings enhanced to Rs.50,000/- (from Rs.40,000/-); Loss of Income During Laid Up Period Rs.27,000/- (Rs.9,000 x 3 months); Loss of Amenities Rs.30,000/- added (not awarded below); Medical Expenses Rs.25,420/- and Conveyance, Diet and Attendants Charges Rs.20,000/- retained. Total redetermined: Rs.3,46,820/- with 6% interest; additional compensation of Rs.1,21,000/- with 6% interest payable by the insurer; deposit within six weeks excluding 168 days' delay in filing the appeal; release to claimant on identification; no costs. Appeal Allowed-in-Part.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 720 OF 2020 (MV-I)

BETWEEN:

SRI RAVI S/O RAMAIAH, AGED ABOUT 29 YEARS, R/AT SASALAPURA KOPPALU VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.

PRESENT ADDRESS: (ULIVALA), ULIVALA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT

…APPELLANT

Digitally signed by MADHUSHREE H Location: High Court of Karnataka

(BY SRI. AKASH, ADVOCATE FOR SRI. RAJARAMA S, ADVOCATE)

AND:

SRI YOGESH H K S/O KALASHETTY, MAJOR R/AT AJJUR VILLAGE, DODDAMAGGE HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT.

THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.,

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UNIT NO.401, 4^TH FLOOR, SANGRAM COMPLEX, 127, ANDERI, KULLA ROAD, ANDERI EAST MUMBAI, REP BY THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.,

…RESPONDENTS

(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R2;

VIDE ORDER DATED 27.08.2024, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC NO.513/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA COURT, HASSAN DISTRICT, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE AFORESAID MVC CASE AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

This appeal is by the appellant / claimant seeking for

enhancement of compensation arising out of judgment and award dated 28.02.2019, in MVC No.513/2016, passed by the Senior Civil Judge and MACT, Holenarasipura Court, Hassan District (for short ‘Tribunal’).

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The date of accident, involvement of the vehicle, injury sustained and the liability to pay compensation are not in dispute. The only point which requires to be considered is the quantum of compensation i.e., whether the appellant is entitled for enhancement of compensation.

Heard Sri.Akash, learned counsel appearing for

the appellant and Sri.D.Vijaykumar, learned counsel appearing for the respondent – Insurance Company.

As per the records the appellant has sustained

following injuries:

a. Fracture of femur – Left.

b. Tenderness chest

c. Tenderness TL spine

The appellant was treated in the hospital for a

period of 22 days, he underwent a surgery for insertion of an implant. PW-2 - Doctor, on reviewing the medical

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records, issued Disability Certificate, wherein the Doctor

has stated that the appellant's left hip and knee movements are painful and restricted and he is unable to lift weight, walk properly, or walk long distances. Additionally, he cannot squat and the X-ray shows malunited fracture. The Doctor further noted that the appellant requires another surgery for removal of the implant, which is estimated to cost Rs.20,000/- in future.

After considering the entire material on record, the Tribunal awarded a total compensation of Rs.2,25,820/- under various heads.

After hearing learned counsel for both parties and considering the nature of the injuries, duration of inpatient treatment and expenses incurred, this Court finds that the appellant has made out a case for redetermination of compensation. The Tribunal failed to properly assess these factors while awarding compensation under specific heads.

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The Tribunal has assessed the income of the

appellant/claimant at Rs.6,000/- per month, however, as per the income fixed under the chart prepared by the Karnataka Legal Services Authority (for short ‘KSLSA’), for the year 2015, is Rs.9,000/- per month. The claimant was aged 25 years as on the date of the accident and the appropriate multiplier applicable is ‘18’. The disability assessed by PW-2 – Doctor is retained. Therefore, the compensation under the head ‘Loss Of Future Income’ is recalculated and quantified as follows:

Rs.9,000/- x 12 x 18 x 10% = Rs.1,94,400/-

In view of the injuries suffered by the appellant, which are grievous in nature, a sum of Rs.50,000/- is awarded under the head 'Pain and sufferings', instead of Rs.40,000/- as awarded by the Tribunal.

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The Tribunal has awarded a sum of

Rs.25,420/- towards 'Medical Expenses' , which is just

and proper and does not call for interference.

Towards ‘ Conveyance, Diet And Attendants

Charges ’ a sum Rs.20,000/- is awarded by the Tribunal, also is just and proper and the same is retained.

The appellant was an inpatient for 22 days in view of the accidental injuries, he would have taken rest atleast for a period of 3 months. Therefore, taking the income at Rs.9,000/- per month and calculating the laid up period for 3 months, the claimant is entitled for a sum

of Rs.27,000/- (Rs.9,000 X 3 months) , under the head

'Loss Of Income During Laid Up Period' .

The Tribunal has not awarded compensation under the head 'loss of amenities' , hence a sum of Rs.30,000/- is awarded under the said head.

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In summary, the total compensation re-

determined by this Court under various heads in as follows:

1.	Towards Pain and Sufferings	:	Rs.	50,000/-
2.	Towards Medical Expenses	:	Rs.	25,420/-
3.	Towards conveyance, diet and attendants charges	:	Rs.	20,000/-
4.	Towards income during laid up period (Rs.9,000 X 3 = Rs.27,000)	:	Rs.	27,000/-
5.	Towards loss of amenities	:	Rs.	30,000/-
6.	Towards loss of income due to disability (Rs.9,000X12X17X10%=Rs.1,83,600)	:	Rs.	1,94,400/-
	TOTAL	:	Rs.	3,46,820/-

In all the appellant is entitled for a compensation of Rs.3,46,820/- along with 6% per annum from the date of petition till realization as against the compensation of Rs.2,25,820/- awarded by the Tribunal. Hence, the appellant – claimant is entitled for an additional compensation of Rs.1,21,000/- (Rs.3,46,820

2,25,820) along with interest at 6% per annum from

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the date of filing of the petition till realization, in addition

to what has been awarded by the Tribunal.

For the foregoing reasons, this Court proceeds to pass the following:

ORDER

i) The appeal is Allowed-In-Part ;

ii) The judgment and award passed by the Tribunal in award dated 28.02.2019, in MVC.No. 513/2016, passed by the Senior Civil Judge and MACT, Holenarasipura Court, Hassan District is modified;

iii) The appellant – claimant is entitled for an additional compensation of Rs.1,21,000/(Rs.3,46,820 – 2,25,820) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal;

iv) The respondent - Insurance Company shall deposit the enhanced compensation along with interest at the rate of 6% per annum from the date of petition till realization, except for the

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period of 168 days delay in filing appeal within six weeks from the date of receipt of copy of this order.

v) Upon deposit, the entire enhanced compensation with accrued interest be released in favour of appellant on proper identification.

vi) In the facts and circumstances of the case, no order as to cost.

Sd/(T.M.NADAF) JUDGE

TIN List No.: 1 Sl No.: 2