Sri. Ankappa Vs United India Insurance Company Ltd.

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.02.2025 PASSED IN MVC NO.2943/2024 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-25), ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is preferred by the appellant-claimant against the award dated 13.02.2025 passed in MVC No.2943/2024 by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru. [for short 'Tribunal'] claiming enhancement of compensation.

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2 . The claimant Ankappa met with an accident on 05.03.2024 and filed claim petition claiming compensation of Rs.20,00,000/- along with interest towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of Rs.4,64,349/- along with interest at 6% p.a. from the date of petition till the

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3 - NC: 2026:KHC:21242 MFA No. 3770 of 2025

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HC-KAR

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date of deposit of the amount in the Tribunal. Aggrieved

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by the said order, this appeal is preferred in which he mainly contended that appellant-claimant was admitted in the hospital for 13 days and took treatment. The appellant-claimant was doing agriculture and milk vending work and earning Rs.25,000/- per month. PW.2-doctor assessed the physical permanent disability at 50.18% towards left lower limb and to the whole body at 16.72%. Lastly, he contends that amounts granted by the Tribunal under other heads are meager and therefore, requested for enhancement of compensation.

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Heard the arguments advanced by the learned

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counsel for appellant and learned counsel for respondentInsurance Company.

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It is stated that the appellant is doing agriculture and milk vending by earning Rs.25,000/- per month. But he has not filed any document to prove the same. Since the accident occurred in the year 2024, his notional income to be taken as ₹ 16,500/- per month as

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HC-KAR

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per the chart prepared by Karnataka State Legal Services

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Authority. The petitioner was aged about 59 years at the time of accident and the appropriate multiplier to be taken is '9'. As per Exhibit P5- wound certificate, the appellant sustained swelling tenderness over distal 1/3 of left leg, abnormal mobility & deformity of lower 1/3 left leg, x-ray leg showed fracture both bones lower 1/3 left leg and fracture distal 1/3 tibia and fibula left side which are grievous in nature. The appellant-claimant underwent surgery in form of open reduction and internal fixation both fibula and tibia distal 1/3 with plates and screws on 12.03.2024. He was on regular follow up in OPD and the disability was assessed with following findings:

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Healed surgical scars over let leg lower 1/3 anteromedial aspect & lower 1/3 fibula.

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hyperpigmented area on skin over left foot and lower 1/3 leg.

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small sinus with scanty discharge over middle 1/3 left leg anterior aspect

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he had moderate difficulty in squatting and severe difficulty in standing on affected leg.

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he had mild pain in left leg on long standing & walking.

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5 -

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NC: 2026:KHC:21242 MFA No. 3770 of 2025

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HC-KAR

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X ray left leg showed healed fracture tibia and fibula lower 1/3 with implants insitu.

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He further contends that the appellant requires another surgery in the form of implant removal left leg which will cost approximately Rs.25,000/-. It is also stated that fractures are united but the recovery is not completed and the appellant has not produced the disability certificate issued by the treated doctor.

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It is further contended by the learned counsel for appellant that the appellant has availed Ayushman Bharat Scheme implemented by the Central Government and availed partial medical benefits. By considering the medical evidence this Court finds it reasonable to consider the disability at 17% instead of 16% which was considered by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.3,02,940/- (16,500/x12x9x17/100).

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The Tribunal has granted Rs.22,729/- towards medical expenses and Rs.20,000/- towards future medical

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6 - NC: 2026:KHC:21242 MFA No. 3770 of 2025

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HC-KAR

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expenses and the said amounts are confirmed. Further,

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the appellant was hospitalized for a period of 13 days. Considering the nature of injuries sustained, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- towards loss of amenities Rs.40,000/towards attendant, conveyance, food and nourishment charges. Further, the petitioner might not have attended to any other work at least for a period of four months. Therefore, this Court finds it appropriate to grant an amount of Rs.66,000/(16,500x4) towards loss of income during laid up period.

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Thus in all, components awarded by this Court

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are as below,

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Sl.	Heads	Amount
No.		in Rs.
1	Loss of future earning	3,02,940/-
2	Pain and suffering	80,000/-
3	Attendant, conveyance, food and nourishment charges	40,000/-
4	Medical expenses	22,729/-
5	Loss of income during the period of treatment	66,000/-
6	Future Medical expenses	20,000/-

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HC-KAR

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7 Loss of amenities of life 30,000/- and happiness TOTAL 5,61,669/-

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Compensation is enhanced from Rs.4,64,400/-

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to Rs.5,61,669/- and the enhanced compensation is Rs. 97,269/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal.

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In the result, the following order is passed:

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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 13.02.2025 passed in MVC No.2943/2024, by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-25), is modified;

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iii. Respondent No.1 is directed to deposit the enhanced compensation of Rs.97,269/with interest at the rate of 6% per annum within one month from the date of this order on such deposit and

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HC-KAR

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iv. Appellant-claimant is permitted to withdraw the entire compensation with interest accrued on it.

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Sd/(P SREE SUDHA) JUDGE

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SSD List No.: 1 Sl No.: 16

Sri. Ankappa v. United India Insurance Company Ltd.

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Sri. Ankappa v. United India Insurance Company Ltd.

Case brief

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