Sri Mahesh Vs M/S Iffco Tokio General Insurance Co. Ltd.

M/S IFFCO TOKIO GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.141, 4^TH FLOOR, SRI SHANTHI TOWERS, OPP. CUPA, 3^RD MAIN, EAST TO NGEF LAYOUT, KASTHURINAGAR, BENGALURU - 560 043.

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2 - NC: 2026:KHC:6524 MFA No. 4212 of 2024

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HC-KAR

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SRI AMARNATH P.B., S/O P.C. BHASKAR REDDY, LAKSHADEEP NILAYA, SITE NO.4, 49-3, HODDOSIDDAPURA, SARJAPURA ROAD, BENGALURU - 560 035.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R1 V/O DATED 04.02.2026 NOTICE TO R.2 IS D/ W)

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THIS MFA ID FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2023 PASSED IN MVC NO.2433/2022 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-21), PARTLY 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:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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NC: 2026:KHC:6524 MFA No. 4212 of 2024

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HC-KAR

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ORAL JUDGMENT

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The common award in passed in MVC Nos.2432/2022 and 2433/2022 on 08.11.2023. MFA No.4212/2024 is filed against the award in MVC No.2433/2022 by the XVII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Mayohall Unit, Bengaluru, (SCCH-21) (hereinafter referred to as 'Tribunal' for short), seeking for enhancement of compensation.

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The injured claimant met with an accident on 04.04.2022 and filed a claim petition seeking compensation of Rs.10,00,000/-. The Tribunal, after considering the entire evidence on record, granted compensation of Rs.3,86,516/- with interest at the rate of 7% per annum from date of petition till realisation.

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Aggrieved by the said award, the present appeal is preferred, in which it is mainly contented that he sustained grievous injures and that the doctor, who was examined as PW.3, assessed the whole-body disability at 17%, whereas the Tribunal has taken it at 7%. It is further

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NC: 2026:KHC:6524 MFA No. 4212 of 2024

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HC-KAR

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contended that interest ought to have been granted at the rate of 12% per annum and that compensation awarded under the various heads requires enhancement.

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Heard the arguments of both sides.

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Learned counsel for the respondent submitted

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that PW.3 is not the treated doctor and as such, the Tribunal has rightly assessed the disability, which does not call for any interference.

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It is stated that the appellant was working as an employee in a private company and earning Rs.35,000/- per month, however, no documentary proof of income has been produced. As the accident occurred in the year 2022, the notional income is taken at Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 37 years and the applicable multiplier is '15'.

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As per Ex.P-11, wound certificate, the appellant sustained the following grievous injuries:

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i. Mild head injury,

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HC-KAR

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ii. Undisplaced fracture of the right temporal bone;

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iii. Right clavicular fracture;

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iv. Left posterior wall acetabular fracture, which are grievous in nature. PW.3 has stated that the appellant sustained permanent physical disability to the left lower limb to the extent of 34% and to the right arm to the extent of 29% and assessed the whole-body disability at 17%, as per Ex.P.19-Disability Certificate. The Tribunal observed that the fracture had united and accordingly assessed the functional disability at 7%. Considering the medical evidence and the nature of injuries sustained by the appellant, this Court finds it reasonable to take the disability at 17% instead of 7%. Accordingly, the loss of future earning capacity comes to Rs.4,74,300/= (Rs.15,500/- × 12 × 15 x 17%).

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The Tribunal granted a sum of Rs.78,216/towards 'medical expenses' based on the relevant

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HC-KAR

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documents and the same is confirmed. The appellant was hospitalised for a period of seven days. Considering the nature of injuries, the period of hospitalisation and other relevant factors, this Court finds that the appellant might not have attended work for at least a period of three months. Accordingly, a sum of Rs.15,500/- x 3 months= Rs.46,500/-, is awarded under the head 'loss of income during laid-up'. A further sum of Rs.30,000/- is awarded towards 'transportation, extra nourishment and attendant charges'.

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The Tribunal has already granted a sum of Rs.50,000/- towards 'pain and suffering' and Rs.25,000/towards 'loss of amenities' and the same are confirmed.

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PW-3, in his evidence, has stated that the appellant requires another surgery for removal of implants and has estimated the cost of the said surgery at Rs.60,000/-. Considering the same, this Court finds it reasonable to grant a sum of Rs.25,000/- towards 'future medical expenses'.

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HC-KAR

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Thus, the compensation awarded by this Court

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is as follows:

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Particulars	Amount in Rs.
Loss offuture earning capacity	4,74,300.00
Pain and suffering	50,000.00
Loss of amenities	25,000.00
Transportation, extra nourishment and attendant charges	30,000.00
Medical expenses	78,216.00
Loss of income during laid up period	46,500.00
Future medical expenses	25,000.00
Total	7,29,016.00

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In summary, the appellant/claimant is entitled

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to a total compensation of Rs.7,29,016/- as against Rs.3,86,516/- awarded by the Tribunal. The enhanced compensation works out to Rs.3,42,500/-. To this extent, the award passed by the Tribunal is modified.

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In the result, pass the following :

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HC-KAR

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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 08.11.2023 passed in MVC No.2433/2022,

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by the XVII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Mayohall Unit, Bengaluru (SCCH21), is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.3,42,500/-. (Rs.7,29,016/- minus Rs.3,86,516/-) with interest at the rate of 6% per annum from the date of petition till its realization.

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iv. Respondent/Insurance Company has

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already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.3,42,500/with

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