Smt Varalakshmi Vs Sri Kumar P

SRI KUMAR P S/O PUTTASWAMY NOW AGED ABOUT 34 YEARS RESIDING AT NO.95 2^ND CROSS UPPER HUTHA NEAR NANDI TEMPLE GOLDEN JIBILEE COLONY BHADRAVATHI TOWN SHIVAMOGGA DISTRICT PIN CODE-577301.

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M/S NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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UNITY BUILDING ANNEXE MISSION ROAD BENGALURU-560 027 REP. BY ITS MANAGER.

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…RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.28.11.2019 PASSED IN MVC NO.6404/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 8329/2022

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BETWEEN:

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SRI. H.V NARAYANASWAMY S/O LATE VENKATAPPA ALIAS MUNIVENKATAPPA NOW AGED ABOUT 53 YEARS RESIDING AT HOLURU VILLAGE & POST KOLAR TALUK AND DISTRICT

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...APPELLANT

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(BY SRI. GOPAL KRISHNA, ADVOCATEF FOR SRI. RAVINDRA P, ADVOCATE)

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AND:

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SRI KUMAR P S/O PUTTASWAMY NOW AGED ABOUT 34 YEARS RESIDING AT NO.95 2^ND CROSS, UPPER HUTHA NEAR NANDI TEMPLE GOLDEN JIBILEE COLONY BHADRAVATHI TOWN

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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SHIVAMOGGA DISTRICT PIN CODE-577 301.

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M/S NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE UNITY BUILDING ANNEXE MISSION ROAD BENGALURU-560027.

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...RESPONDENTS

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(BY SRI. A.M. VENKATESH, ADVOCATE FOR R2, 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 DT.28.11.2019 PASSED IN MVC NO.6403/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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IN M.F.A.NO.8335/2022:

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The claimant, being dissatisfied with the compensation of Rs.5,70,500/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and suffering	40,000
2.	Medical expenses	77,500
3.	Loss of income during the period of treatment	48,000
4.	Loss of amenities in life	50,000
5.	Loss of income on account of disability	2,45,000
6.	Future medical expenses	25,000
7.	Attendance, conveyance and other miscellaneous expenses	85,000
	Total	5,70,500

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The Tribunal, on analysis of the medical evidence, has

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concluded that the claimant has suffered permanent disability to the extent of 17% to the whole body. As such, the Tribunal has rightly assessed the disability, which does not require any modification.

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The Tribunal has determined the monthly income, notionally at Rs.8,000/- per month. Since there is no credible

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5 - NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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HC-KAR

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CNR: KAHC010567952022

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documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-

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As the claimant was aged 40 years, the Tribunal has rightly applied a multiplier of '15'. Consequently, the claimant would be entitled to a sum of Rs.3,36,600/- (11,000 x 12 x 15 x 17%) towards 'loss of future income' as against the sum of Rs.2,45,000/- .

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Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.66,000/- (11,000 X 6 months) towards 'loss of income during the laid up period' as against the sum of Rs.48,000/-.

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Having regard to the injuries suffered by the claimant,

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the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against the sum of Rs.40,000/awarded by the Tribunal.

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HC-KAR

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CNR: KAHC010567952022

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards loss of amenities, as against the sum of Rs.50,000/- awarded by the Tribunal.

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The sum awarded as medical expenses at Rs.77,500/- being based on the documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and suffering	40,000	1,00,000
2.	Medical expenses	77,500	77,500
3.	Loss of income during the period of treatment	48,000	66,000
4.	Loss of amenities in life	50,000	60,000

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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5.	Loss of income on account of disability	2,45,000	3,36,600
6.	Future medical expenses	25,000	25,000
7.	Attendance, conveyance and other miscellaneous	85,000	85,000
	expenses
	Total	5,70,500	7,50,100

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Thus, the claimant is held entitled to the total compensation of Rs.7,50,100/- as against Rs.5,70,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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IN M.F.A.NO.8329/2022:

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The claimant, being dissatisfied with the compensation of Rs.6,42,000/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and suffering	50,000
2.	Medical expenses	4,26,000
3.	Loss of income during the period of treatment	86,000
4.	Loss of amenities in life	30,000
5.	Future medical expenses	25,000
6.	Attendance, conveyance and other miscellaneous expenses	25,000
	Total	6,42,000

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The Tribunal erred in assessing the claimant's monthly income at Rs.18,168.66/- despite the claimant having produced the salary certificates at Exs.P7 and P33, which disclose that he was drawing a monthly salary of Rs.39,788/-. Further, PW.5, the employer of the claimant, has categorically deposed that the claimant was employed under him and was drawing a monthly salary of Rs.39,788/- and has identified Ex.P33 - salary certificate. In the light of the documentary as well as

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9 - NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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HC-KAR

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CNR: KAHC010567952022

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oral evidence on record, the assessment of the claimant's income at Rs.18,168.66/- by the Tribunal cannot be sustained. Accordingly, the monthly income of the claimant is re-assessed at Rs.39,788/-.

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The Tribunal has awarded compensation towards loss of income during the laid-up period by taking the claimant's monthly income at Rs.18,168.66/- for a period of 4 months and 22 days. However, in view of the re-assessment of the claimant's monthly income at Rs.39,788/-, the compensation under the said head requires modification. Accordingly, the claimant is entitled to a sum of Rs.1,59,152/- (Rs.39,788/- × 4 months) towards 'loss of income during the laid-up period’ as against the sum of Rs.86,000/- awarded by the Tribunal.

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The Tribunal has also erred in restricting the compensation towards medical expenses to Rs.4,26,000/despite Ex.P14 evidencing that the claimant had incurred medical expenses of Rs.6,23,594/-. The Tribunal denied the balance amount on the ground that the claimant had received reimbursement of approximately Rs.2,00,000/- under a Medi Claim Policy. Such an approach is contrary to the law laid down

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10 - NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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HC-KAR

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CNR: KAHC010567952022

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by the Hon'ble Apex Court in THE NEW INDIA ASSURANCE COMPANY LTD. V. DOLLY SATHISH GANDHI AND ANOTHER reported in 2026 SCC OnLine SC 861 , wherein it has been held that the amount reimbursed under a Medi Claim Policy cannot be deducted while determining compensation under the Motor Vehicles Act. Therefore, the claimant is entitled to the entire medical expenses of Rs.6,23,594/- as against Rs.4,26,000/awarded by the Tribunal.

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Having regard to the injuries suffered by the claimant,

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the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against the sum of Rs.50,000/awarded by the Tribunal.

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Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.30,000/- awarded by the Tribunal.

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The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

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HC-KAR

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NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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CNR: KAHC010567952022

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Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and suffering	50,000	1,00,000
2.	Medical expenses	4,26,000	6,23,594
3.	Loss of income during the period of treatment	86,000	1,59,152
4.	Loss of amenities in life	30,000	40,000
5.	Future medical expenses	25,000	25,000
6.	Attendance, conveyance and other miscellaneous expenses	25,000	25,000
	Total	6,42,000	9,72,746

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Thus, the claimant is held entitled to the total

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compensation of Rs.9,72,746/- as against Rs.6,42,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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12 - NC: 2026:KHC:36943 MFA No. 8335 of 2022 C/W MFA No. 8329 of 2022

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HC-KAR

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CNR: KAHC010567952022

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The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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CR List No.: 1 Sl No.: 15

Smt Varalakshmi v. Sri Kumar P

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Smt Varalakshmi v. Sri Kumar P

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