The Branch Manager Vs Siddalinesh Hasabi @ Siddalingesh Sidramappa Hasambi

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NC: 2026:KHC:34914 MFA No. 3553 of 2023 C/W MFA No. 1542 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3553 OF 2023 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 1542 OF 2023 (MV-I)

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IN MFA No. 3553/2023

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BETWEEN:

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SRI. SIDDALINGESH HASABI @ SIDDALINGESH SIDRAMAPPA HASAMBI S/O SIDRAMAPPA, NOW AGED ABOUT 35 YEARS,

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PRESENTLY ADDRESS, FLAT NO.111, ASSET ELVIRA, SURVEY NO.5/1, MUTHANALLURU GOPASANDRA, SARJAPURA HOBLI, BANGALORE - 560 099.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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PERMANENT ADDRESS. MIG-2-53, 1^ST CROSS, HUDCO COLONY, GADAG - 582 101. …APPELLANT

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(BY SRI. GOPALAKRISHNA N., ADVOCATE FOR SRI. SUSHMITHA G., ADVOCATE)

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AND:

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M/S. SHANKARA BUILDING PRODUCTS LTD., G-2, FARAH WINSFORD, NO.133, INFANTRY ROAD,

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NC: 2026:KHC:34914 MFA No. 3553 of 2023 C/W MFA No. 1542 of 2023

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HC-KAR

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BANGALORE - 560 001. REP BY ITS MANAGER.

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THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 2^ND FLOOR, S.M. TOWERS, 11^TH MAIN, 3^RD BLOCK, JAYANAGAR, BANGALORE - 560 011.

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…RESPONDENTS

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(BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2 VIDE ORDER DATED 09.08.2023, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2022 PASSED IN MVC NO.1757/2019 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 1542/2023

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BETWEEN:

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THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., 2^ND FLOOR, s.m.TOWERS, 11^TH MAIN ROAD, 3^RD BLOCK, JAYANAGAR, BENGALURU - 560 011

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ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, EAST WING, 5^TH FLOOR, NO.28, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001,

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NC: 2026:KHC:34914 MFA No. 3553 of 2023 C/W MFA No. 1542 of 2023

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HC-KAR

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NOW REPRESENTED BY MANAGER LEGAL.

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...APPELLANT

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(BY SRI. ASHOK N. PATIL, ADVOCATE)

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AND:

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SIDDALINESH HASABI @ SIDDALINGESH SIDRAMAPPA HASAMBI S/O SIDRAMAPPA, AGED ABOUT 34 YEARS,

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PRESENT ADDRESS: FLAT NO.111, ASSET ELVIRA, SURVEY NO.5/1, MUTHANALLURU, GOPASANDRA, SARJAPURA HOBLI, BENGALURU - 560 099.

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PERMANENT ADDRESS: MIG-2-53, 1^ST CROSS, HUDCO COLONY, GADAG - 582 101.

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M/S SHANKARA BUILDING PRODUCT LIMITED G-2, FARAH WINSFORD, NO.133, INFANTRY ROAD, BENGALURU - 560 001, REP. BY ITS MANAGER.

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...RESPONDENTS

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(BY SRI. GOPALKRISHNA N., ADVOCATE FOR SRI. RAVINDRA P., ADVOCATE FOR R1 SRI. B. KESHAVMURTHY, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2022 PASSED IN MVC NO.1757/2019 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, AWARDING COMPENSATION OF RS.20,93,067/- WITH INTEREST AT 6

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HC-KAR

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PERCENT P.A. THE INTEREST AWARDED IS NOT APPLICABLE TO FUTURE MEDICAL EXPENSES OF RS.15,000/- FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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MFA No.3553/2023 is filed by the claimant seeking enhancement of compensation and MFA No.1542/2023 is filed by the Insurer challenging the liability and quantum of compensation awarded in the Judgment and Award dated 07.11.2022 passed in MVC No.1757/2019 by VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru.

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Even though the matter is listed today for admission, with the consent of both the learned counsels appearing for parties, these appeals are taken up for disposal.

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HC-KAR

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The claimant made a claim petition seeking for

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award of compensation for the injury sustained by him in a road traffic accident occurred on 04.02.2019 contending that the accident occurred due to rash and negligent driving by the driver of Eicher goods vehicle bearing registration No.KA-01-AJ-6634.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

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Sl. No.	Particulars		Amount
1.	Loss of future income	Rs.	10,75,200/-
2.	Pain and sufferings during treatment period	Rs.	35,000/-
3.	Towards medical expenses	Rs.	8,98,867/-
4.	Loss of income during laid up period	Rs.	14,000/-
5.	Loss of amenities and nutrition food	Rs.	20,000/-
6.	Towards attendant charges and conveyance	Rs.	35,000/-
7.	Future medical expenses	Rs.	15,000/-
	Total	Rs.	20,93,067/-

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HC-KAR

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The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed respondent No.1/Insurer to pay the compensation amount with interest.

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The Insurer has challenged saddling entire liability and also the quantum of compensation and the claimant seeking enhancement of compensation have filed the present appeals.

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Heard the learned counsel for claimant and learned counsel for insurer.

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Learned counsel for the claimant would contend that, the claimant has sustained head injury in the accident and he has been examined by P.W.2 - Neuro Surgeon and treated by P.W.3 - Orthopedic Surgeon. P.W.2 has stated the mental disability of the claimant at 60% and P.W.3 has stated physical disability at 13%. Inspite of that, the Tribunal has erred in taking the

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HC-KAR

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disability at 40%. The Tribunal ought to have taken the disability at 73% (60% + 13%).

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Learned counsel for the claimant further contended that, the charge sheet has been filed against the driver of Eicher goods vehicle and that itself clearly indicates that there is a rash and negligent driving by the driver of Eicher goods vehicle. The driver of the Eicher goods vehicle has not been examined by the insurer. Considering the said aspect, the Tribunal has held that the accident has taken place due to whole negligence on the part of driver of Eicher goods vehicle. He also contended that as the disability is more than 40%, the claimant is entitled to future prospects. As the claimant is aged thirty two (32) years, he is entitled to future prospects at 40%. He further submits that, considering the head injury to the claimant and treatment taken, the compensation awarded for pain and sufferings and loss of amenities are on lower side. The claimant has been admitted in hospital for thirty six (36) days and considering the injuries, he has to take

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HC-KAR

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rest for three (03) months and therefore, the compensation awarded by the Tribunal towards loss of income during laid up period requires to be enhanced. He further submits that, the Tribunal has erred in deducting the insurance claim and Mediclaim reimbursed in medical expenses.

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The Hon'ble Apex Court in a recent decision in the case of NEW INDIA ASSURANCE COMPANY LIMITED vs. DOLLY SATISH GANDHI & ANR. reported in 2026 INSC 498 held that the amount got from medical insurance and Mediclaim cannot be deducted in medical expenses. With these, he prayed to allow the appeal and enhancement of compensation.

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Learned counsel for the insurer would contend

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that, the accident taken place when both vehicles were moving one behind the other and the claimant/injured drove his motorcycle in a rash and negligent manner and dashed to the Eicher goods vehicle. The admission of P.W.1 in cross-examination that both vehicles were

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HC-KAR

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moving itself indicates that there is no negligence on the part of driver of Eicher goods vehicle. There should be a sufficient distance in between two vehicles when moving on the road and the claimant has not maintained the said distance and therefore there is a contributory negligence

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on the part of driver of motocycle also. On that point, he places reliance on the decision of Hon'ble Apex Court in the case of NISHAN SINGH vs. ORIENTAL INSURANCE COMPANY LTD. THROUGH REGIONAL MANAGER

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reported in AIR 2018 SC 2118.

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He further contended that the fact of P.W.1/injured giving evidence and facing crossexamination itself indicates that he is not suffering from any mental disorder or loss of memory and therefore, the disability assessed based on the evidence of P.W.2 - Neuro Surgeon is not proper. P.W.3 has stated in his crossexamination that the fracture has united properly. Therefore, considering the said aspect, the disability taken by the Tribunal at 40% is on the higher side. The

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HC-KAR

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compensation awarded under other heads is just and proper. With these, he prayed to allow the appeal filed by the insurer.

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Having heard the learned counsels appearing

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for parties, the Court has perused the Judgment, Award and Trial Court records.

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The following points arise for consideration:

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i) Whether the Tribunal is justified in saddling the entire liability on the insurer of Eicher goods vehicle bearing registration No.KA-01-AJ-6634?

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ii) Whether there are any grounds for enhancement of compensation awarded by the Tribunal?

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REASONS

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Point No.1: The date of accident is

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04.02.2019 and it took place at 7:20 p.m. i.e., in the evening. The claimant was moving on his motorcycle bearing registration No.KA-05-JS-0378 and the Eicher goods vehicle bearing registration No.KA-01-AK-J-6634 which was moving in front of the said motorcycle of the claimant, suddenly applied brakes and due to that,

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HC-KAR

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motorcycle of the claimant dashed against the said Eicher goods vehicle due to which, the claimant has sustained head and other injuries. The charge sheet is at Ex.P6 and it is filed against the driver of Eicher goods vehicle under Sections 279 and 338 of Indian Penal Code. The very fact that the charge sheet has been filed against the driver of Eicher goods vehicle itself clearly indicates that the accident took place due to rash and negligent driving by driver of Eicher goods vehicle. Merely because P.W.1 stating in his cross-examination that accident took place when both vehicles are moving, it cannot be said that the claimant drove his vehicle negligently and dashed against Eicher goods vehicle, as P.W.1/injured has specifically stated that the driver of Eicher goods vehicle suddenly stopped his vehicle due to which, his motorcycle dashed against the said Eicher goods vehicle. Considering the said aspect, saddling of entire liability on the insurer of Eicher goods vehicle by the Tribunal is proper. Accordingly, point No.1 is answered.

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HC-KAR

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Point No.2: In the accident, the claimant

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has sustained injury to his head. The injured/claimant took treatment as inpatient for thirty six (36) days and incurred medical expenses of Rs.14,09,277/-. P.W.2 is the Neuro Surgeon and P.W.3 is the Orthopedic Surgeon. P.W.2 has assessed the neurological disability at 60% and P.W.3 has stated the physical disability of the claimant at 13% of whole body. P.W.1/injured himself given evidence in his cross-examination itself clearly indicates that there is no memory loss even though he has sustained head injury. Considering the said aspect, the Tribunal has rightly held that there are no abnormal mental functions and also memory is not impaired. P.W.1 - Orthopedic Surgeon has stated the total body disability of the claimant is 13%. Considering the head injury and evidence of P.W.2 and P.W.3, the disability taken by the Tribunal at 40% is on higher side and disability has to be taken at 25%.

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The claimant has been admitted in hospital for thirty six (36) days and considering the said aspect, the

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HC-KAR

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compensation awarded for attendant and conveyance charges in a sum of Rs.35,000/- by the Tribunal is proper.

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Considering that the head injury sustained by the claimant and admitted in hospital for thirty six (36) days, the compensation awarded for pain and sufferings requires to be enhanced from Rs.35,000/- to Rs.70,000/and loss of amenities to be enhanced from Rs.20,000/- to Rs.40,000/-.

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Considering the fact that the claimant has sustained head injury and admitted in hospital for thirty six (36) days, he has to take rest atleast for three (03) months and therefore he is entitled to loss of income during laid up period for three (03) months in a sum of Rs.42,000/- (14,000 X 3) as against Rs.14,000/- awarded by the Tribunal.

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The claimant has incurred medical expenses of Rs.14,09,277/- as per Ex.P23 to P26 - bills and he has been given discount of Rs.1,96,650/-. The claimant has

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HC-KAR

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paid medical expenses of Rs.12,12,627/-. The Tribunal has deducted Rs.2,00,000/- paid through Insurance Company and Rs.1,13,760/- which the claimant got reimbursement from Mediclaim.

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In view of the decision of Hon'ble Apex Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED vs. DOLLY SATISH GANDHI & ANR. reported in 2026 INSC 498, the amount got from Medical Insurance and Mediclaim policy shall not be deducted from medical expenses. Therefore, the Tribunal has erred in deducting the said amount got from Medical Insurance and Mediclaim policy. Therefore, the claimant is entitled to medical expenses of Rs.12,12,627/-.

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Since the disability is taken is more than 20%, the claimant is entitled to future prospects at 40% since he was aged thirty two (32) years at the time of accident

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as per decision of Hon'ble Apex Court in the case of

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NATIONAL INSURANCE COMPANY vs. PRANAY SETHI

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HC-KAR

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AND OTHERS reported in AIR 2017 SC 5157. Therefore,

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the claimant is entitled to loss of future income as under:

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14,000 + 40% (5,600) = 19,600 X 12 X 16 X 25% = 9,40,800/-.

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Considering all the above aspects, the claimant

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is entitled to total compensation under various heads as

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under:

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Sl. No.	Compensation Heads		Amount
1.	Loss of future income	Rs.	9,40,800/-
2.	Pain and sufferings	Rs.	70,000/-
3.	Medical expenses	Rs.	12,12,627/-
4.	Loss of income during laid up period	Rs.	42,000/-
5.	Loss of amenities	Rs.	40,000/-
6.	Attendant and conveyance charges	Rs.	35,000/-
7.	Future Medical expenses	Rs.	15,000/-
	Total	Rs.	23,55,427/-

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The claimant is entitled to total compensation of

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Rs.23,55,427/- as against Rs.20,93,067/- awarded by the

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Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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NC: 2026:KHC:34914 MFA No. 3553 of 2023 C/W MFA No. 1542 of 2023

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HC-KAR

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Respondent No.2/insurer is liable to pay the total compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Both Miscellaneous First Appeals are allowed-in-part .

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ii) The claimant is entitled to total compensation of Rs.23,55,427/- as against Rs.20,93,067/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) The claimant is not entitled to interest on future medical expenses of Rs.15,000/-.

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iv) Respondent No.2/insurer shall deposit the total compensation amount with interest before the Tribunal (excluding the amount already deposited) within a period of six weeks from this day.

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