Khan Sab Vs G Sushma Kedar

THE MANAGER, HDFC ERGO GEN. INSURANCE CO., LTD., REGIONAL OFFICE, NO.25/1, 2^ND FLOOR, BUILDING NO.2, SHANKAR NARAYAN BUILDING, M.G. ROAD, BENGALURU-560 001.

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…RESPONDENTS

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(V/O DATED 30.07.2025, NOTICE TO R1 D/W; BY SRI. B. PRADEEP, ADVOCATE FOR R2)

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2 - NC: 2026:KHC:20179 MFA No. 7253 of 2024

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2024 PASSED IN MVC NO.2449/2022 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-13), 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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Heard the arguments of both sides.

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This appeal is filed by the appellant/claimant

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under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 20.02.2024 passed in MVC No.2449/2022, by the II Additional Judge and ACMM, Member, MACT, Court of Small Causes, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation.

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Brief facts of the case are that, the

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petitioner/injured claimant met with an accident on 14.01.2022 and filed claim petition claiming compensation

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HC-KAR

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of Rs.40,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.13,58,450/- with interest at the rate of 6% per annum from the date of petition till the date of realization.

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Being aggrieved by the said award, the petitioner/injured claimant has preferred the present appeal. It is contended that the petitioner was doing coolie work and earning Rs.20,000/- per month. He has examined the doctor as PW2-Assistant Professor, Department of Ophthalmology and he assessed the disability of the eye at 30%. PW3-Orthopedic surgeon assessed the disability to the right arm at 36% and whole body as 12% as he sustained crush in the body. He also underwent surgery. The Tribunal has taken the disability at 20% which is on the lower side and loss of future prospects is not added. He filed photographs under Ex.P13 to show the gravity of the injury and the appellant is unmarried and the compensation granted towards loss of

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4 -

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NC: 2026:KHC:20179 MFA No. 7253 of 2024

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HC-KAR

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marriage prospects is on lower side and also the amounts granted under the other heads is meagre. Therefore, requested for enhancement of the compensation.

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The petitioner/injured claimant met with an accident on 14.01.2022. Though the petitioner has stated that he was earning Rs.20,000/- per month, he has not filed any document. As he met with an accident in the year 2022, his notional income has to be taken at Rs.15,500/per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged about 20 years and the relevant multiplier is '18'. The petitioner/injured claimant filed Ex.P5 wound certificate and also Ex.P7 discharge summary. He also examined the doctor as PW2, who is an Assistant Professor, Department of Ophthalmology. He has stated that the petitioner/injured claimant has sustained multiple injuries to the right side of face, right shoulder and right leg and he was surgically treated in the hospital. He was diagnosed to have-Right eye Lagophthalmos with

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HC-KAR

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Cicatricial Ectropion with Choroidal Tears with Macular Edema with Anterior visual pathway defect secondary to Blunt trama due to RTA. Guarded visual prognosis is explained to him. He has further stated that the vision and visual field loss in right eye cannot be restored. The injury in Serial Nos.1,5,7,8,9 are grievous in nature and stated that he has sustained visual disability at 30%. In the cross-examination, he has stated that he himself treated the petitioner/injured for facial fracture. He also stated that there is tear in retina and choroidal. Optic nerve comes from retina and choroidal and there is conduction in optic nerve. It is mentioned as anterior visual pathway defect. As per the report, he sustained partial visual loss and it cannot be repaired and cannot be treated conservatively. In peripheral vision he can only see upto 6 metres and also he can see the objects of 6 inches upto 6 feet distance. He cannot read small letters as such he has assessed the loss of visibility as 30% and the movements of the eyeballs is normal.

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HC-KAR

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The petitioner/injured claimant also examined

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PW4, who is the Orthopaedic Surgeon and he has stated that the petitioner/injured has sustained crush injury right face avulsion of the right half of face with multiple facial fracture and Crush injury right shoulder with comminuted fracture of the greater tuberosity of the humerus and acromion. He was treated with debridement and rotator cuff repair of the right shoulder, debridement of the facial wound and fixation facial bone fracture. He was on regular follow up in the same hospital and the injuries healed. The petitioner/injured claimant now complains of watering in the eyes, unable to eat hard food, unable to lift right shoulder and carry weights to do his coolie job. He has disfigured facial muscles, contracted scar over the right shoulder with wasting of the right shoulder muscles and restricted right shoulder movements. It is stated that the X-ray of right shoulder shows evidence of old GT fracture united and he assessed the disability of the right arm is 36% and that of the whole body is 12%. In the cross-

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HC-KAR

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examination, he has stated that he has not treated the petitioner/injured and he assessed the disability of the injury sustained in the right shoulder and he was treated conservatively. Measurement of the wound is not mentioned in the discharge summary as such there is no

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soft tissue injury as per discharge summary. Wound debridement and suture are done to the shoulder. There is no infection at the wound site after the accident. The suture is absorbable and there will be no scar. The tuberiosity is not a major injury and it can be cured by simple exercises and he do not know the measurement of the initial wound. The petitioner/injured claimant was not advised any physiotherapy since it was the closed injury. The restrictions of movement comes under mild category and he can do his day to day activities, but with difficulties. Considering the medical evidence, this Court finds it reasonable to take the disability at 25%. As the petitioner has sustained more than 20% disability, in view of the decision of this Court in New India Assurance

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HC-KAR

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Company Vs. Abdul S/o. Mehaboob Tahasildar and

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others in MFA No.103807/2016 dated 27.05.2022 , he is entitled to future prospects. As the petitioner was aged about 20 years at the time of the accident, he is entitled for 40% towards future prospects. Accordingly, loss of

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earning capacity comes to Rs.11,71,800/(Rs.15,500+40%X12X18X25%). The Tribunal has granted Rs.3,66,850/- towards medical expenses and the said amount is confirmed. The petitioner/injured claimant was hospitalised for a period of 10 days. This Court finds it reasonable to grant an amount of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The other amounts granted by the Tribunal are just and reasonable and the same are confirmed.

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Thus, the claimant is entitled to the following compensation:

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Compensation under	Amount in
different heads	(Rs.)
Pain and suffering	75,000/-

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HC-KAR

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Loss of amenities 25,000/-
Medical expenses 3,66,850/-
Loss of future earnings 11,71,800/-
Transportation, extra 30,000/-
nourishment and
attendant charges
Income during laid up 62,000/-
period
Marriage prospects 1,50,000/-
Total 18,80,650/-

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In summary, the appellant/claimant is entitled

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to a total compensation of Rs.18,80,650/- as against to

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Rs.13,58,450/- awarded by the Tribunal. The enhanced compensation amounts to Rs.5,22,200/-. To this extent,

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the award passed by the Tribunal is modified.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 20.02.2024 passed in MVC No.2449/2022, by the II

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HC-KAR

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Additional Judge and ACMM, Member, MACT, Court of Small Causes, Bengaluru, is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.5,22,200/(Rs.18,80,650/minus Rs.13,58,450/-) along with interest at the rate of 6% p.a. from the date of petition till its realization.

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iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.5,22,200/with interest at the rate of 6% p.a. within one month from the date of this order.

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v. On such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued on it.

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