Arun Kumar Vs S.R.S. Travels

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.07.2023 PASSED IN MVC No.3880/2019 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, C/C X ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-16, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal filed by the claimant seeking

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enhancement of compensation awarded in the judgment and awarded dated 12.07.2023 passed in MVC No.3880/2019 by X Additional Small Causes Judge and MACT, Bengaluru (SCCH-16).

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2. The appellant –claimant made a claim petition praying to award compensation for injuries sustained by him in a road traffic accident occurred on 12.03.2019, contending that the accident occurred due to the rash and negligent riding of the rider of motor cycle bearing registration No.KA-01/AF-7264. The Tribunal after

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CNR: KAHC010510942023

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recording the evidence, appreciating the evidence on

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record has assessed the compensation and awarded compensation under various heads as under:

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Sl.No.	Head of Compensation	Amount in Rs.
1	Loss of future income	19,19,200-00
2	Pain and sufferings	50,000-00
3	Conveyance, nourishment and attendant charges	15,000-00
4	Medical Expenses	13,87,505-00
5	Loss of amenities in life	15,000-00
6	Loss of income during laid up period.	42,000-00
	Total	35,08,705-00

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3. 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.2 –insurer to pay the award amount with interest. The claimant seeking enhancement of the compensation awarded by the Tribunal has filed the present appeal.

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4. Heard learned counsel for the appellant –

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claimant and learned counsel for respondent No.2 – insurer.

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5. Learned counsel for the appellant –claimant would contend that there is amputation of right leg of the claimant including knee portion. P.W.2 -doctor has assessed the disability of the claimant at 85% and the Tribunal has taken the disability at 85%. The occupation of the claimant is plumber and due to the amputation of his right leg, he is not able to carry out his work of plumbing and therefore, there is 100% disability. He placing reliance on the decision of the Hon’ble Apex Court in the case of M.

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Paramesh Vs VRL Logistics Ltd. and another¹ has contended that if there is amputation of right leg above knee and if the doctor has assessed 70% disability, the functional disability is to be taken at 100% and the claimant in the said case was Mason. He further submits that the claimant has sustained 05 injuries as noted in Ex.P6 -discharge summary. Considering the same, the compensation awarded for pain and suffering and loss of amenities requires to be enhanced. He further submits

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1 In 2026 INSC 655

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that as there is amputation of right leg, the claimant has to take rest at least for 06 months and therefore, he is entitled to loss of income during laid up period for 06 months as against 03 months as awarded by the Tribunal. The claimant has been admitted in hospital for 80 days. Considering the same, the compensation awarded for conveyance and attendant charges are on lower side. The claimant requires artificial limb and for that, the Tribunal has not awarded any future medical expenses and prayed to award Rs.2,00,000/- as awarded in the case of M. Paramesh (Supra) . With these, he prays to allow the appeal and enhancement of compensation.

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6. Learned counsel for respondent No.2 –insurer would contend that considering the evidence of P.W.2, the Tribunal has rightly taken disability at 85%. Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. He further submits that the doctor has not stated regarding any requirement of

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artificial limb by the claimant and there is no estimation in

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that regard. With this, he prays to dismiss the appeal.

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7. Having heard learned counsels, the Court has

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perused impugned judgment, award and trial Court records.

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8. The accident occurred on 12.03.2019 and as on

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the date of accident, the claimant was aged about 41

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years. The claimant was plumber. As per Ex.P6 -discharge

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summary, the claimant has sustained following injuries:

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Degloring injury of right lower limb

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Fracture right shaft of femur with vascular injury.

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Right knee dislocation with fibula head fracture with avulsion injury.

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Right lower 1/3rd both bone leg fracture.

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Crush injury right lower limb.

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9. P.W.2 -the doctor has assessed the disability

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and stated that the disability is 85% and The Tribunal has taken the disability at 85%. The claimant was working as

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plumber. Considering the said avocation of the claimant, the functional disability has to be assessed. The Hon’ble Apex Court in the case of M. Paramesh (supra), in the case of Mason, who has sustained disability at 70% has taken the functional disability at 100% and observed as under:

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“25. The amputation of the right leg above the knee has not merely caused physical disability to the appellant but has rendered him incapable of effectively carrying on the manual and physical work which constituted his only source of livelihood. In such circumstances, restricting the loss of earning capacity to 70% merely on the basis of physical disability would not be justified..

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26. Having regard to the nature of avocation carried on by the appellant, the extent of injuries suffered by him and the principles laid down by this Court in Raj Kumar (supra), we are of the considered opinion that the functional disability suffered by the appellant is required to be assessed at 100% and not at 70% as assessed by the Tribunal and affirmed by the High Court. Consequently, the loss of earning capacity suffered by the appellant deserves to be computed by treating the functional disability at

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100%. Taking the monthly income of the appellant at Rs. 12,000/- with addition of 40% towards future prospects and applying the multiplier of ‘17’ as adopted by the Courts below, the compensation payable towards loss of earning capacity is recalculated accordingly.

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10. The Tribunal has not awarded any future prospects. Considering that the claimant is aged 41 years, he is entitled to future prospects. Therefore, future prospects are to be taken at 25% as per decision of Hon'ble Apex Court in the case of National Insurance Co.Ltd Vs Pranay Sethi and Ors² . The Tribunal has rightly applied multiplier 14. I n view of the above, loss of future income is calculated as under:

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Rs.14,000/- + 25% (Rs.3,500/-) = Rs.17,500/- x 12x 14x 100% = Rs.29,40,000/-.

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11. Considering the injuries sustained by the claimant noted supra and that his right leg including knee has been amputated, the compensation awarded for pain

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2 In AIR 2017 SC 5157

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and suffering by the Tribunal in a sum of Rs.50,000/requires to be enhanced to Rs.1,50,000/- and loss of amenities in a sum of Rs.50,000/- as awarded by the Tribunal is requires to be enhanced to Rs.1,00,000/-. The claimant has been admitted in hospital for 80 days and therefore, he is entitled to conveyance, attendance charges, food and nourishment etc., in a sum of Rs.80,000/- (Rs.1000/- x 80) as against Rs.15,000/- as awarded by the Tribunal. Considering the fact that, the claimant's right leg including knee has been amputed, the claimant has been admitted in the hospital for 84 days and he has to take rest at least for 06 months. The claimant is entitled to compensation for loss of income during laid up period for 06 months as against 03 months as awarded by the Tribunal. Therefore, the claimant is entitled to loss of income during laid up period for 06 months in a sum of Rs.84,000/- (Rs.14,000/- x 6). The Tribunal has rightly awarded medical expenses based on the bills. As there is amputation of right leg including knee, the claimant

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requires artificial limb. The Tribunal has not considered the said aspect. Even though there is no evidence of doctor in that regard and there is no estimation, considering the decision of the Hon’ble Apex Court in the case of M. Paramesh (supra), the claimant is entitled to future medical expenses for artificial limb. In the said case, the Hon’ble Apex Court has observed as under:

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“27. We are also of the considered view that the amount awarded by the High Court towards future medical expenses including artificial limb/prosthesis requires enhancement. The appellant has suffered amputation above the knee and would require periodic replacement and maintenance of artificial limb/prosthesis throughout his lifetime besides continued medical assistance and rehabilitation. In the facts and circumstances of the case, the amount awarded by the High Court under the said head deserves to be enhanced from Rs. 1,00,000/- to Rs. 2,00,000/-.”

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12. Considering the said aspect, the claimant is entitled to future medical expenses for artificial limb in a sum of Rs.2,00,000/-. In view of the above, the claimant

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is entitled to total compensation under various heads as under:

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Sl.No.	Head of Compensation	Amount in Rs.
1	Loss of future income	29,40,000/-
2	Pain and sufferings	1,50,000/-
3	Conveyance, attendance food and nourishment etc., charges	80,000/-
4	Medical Expenses	13,87,505/-
5	Loss of amenities in life	1,00,000/-
6	Loss of income during laid up period.	84,000/-
7	Future medical expenses Total	2,00,000/- 49,41,505/-

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13. Therefore, claimant in entitled to total

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competition of Rs.49,41,505/- as against Rs,35,08,705/as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.14,32,800/-. The claimant is not entitled to interest on future medical expenses for artificial limb of Rs.2,00,000/-. Therefore the claimant is entitled to interest at the rate of 6% per annum on Rs.12,32,800/-

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from the date of petition till realisation. Respondent No.2 -insurer is liable to pay the enhanced compensation with interest.

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14. In view of the above, the following

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ORDER

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i) The appeal is allowed in part.

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ii) The applicant –claimant is entitled to enhanced compensation of Rs.14,32,800/- and interests at the rate of 6% per annum on Rs.12,32,800/- from the date of petition till realisation.

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iii) Respondent No.2 -insurer shall deposit the said enhanced compensation amount before the Tribunal within a period of 06 weeks from this day, failing which it is liable to pay interest at the rate of 9% per annum from this day till payment.

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