Mr Prem Prakash D Souza Vs New India Insurance Co. Ltd.

¶1

1 - NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 17^TH DAY OF JUNE, 2026

¶5

BEFORE

¶6

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8572 OF 2014 (MV-I)

¶7

BETWEEN:

¶8

MR PREM PRAKASH D SOUZA S/O JOSEPH D SOUZA, AGED ABOUT 32 YEARS, R/AT KABILLYA HOUSE, PAJEER POST, BANTWAL TALUK, PRESENTLY RESIDING AT D SOUZA COMPOUND, JEPPU SEMINAR, VALENCIA, MANGALORE TALUK, D.K.

¶9

APPELLANT

¶10

(BY SRI. GURUPRASAD. BR.,ADVOCATE)

¶11

AND:

¶12

Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

¶13

NEW INDIA INSURANCE CO LTD CENTENARY BUILDING, II FLOOR, GANAPATHY HIGH SCHOOL ROAD, MANGALORE TALUK, REPRESENTED BY ITS MANAGER.

¶14

MR.KESHAVA K.N. S/O NARAYANA, AGED ABOUT 50 YEARS, R/AT GUDDE HOUSE, NEAR NIYAZ CLINIC, TALAPADY, MANGALORE TALUK.

¶15

RESPONDENTS

¶16

(BY SRI. R JAIPRAKASH.,ADVOCATE FOR R1;

¶17

2 -

¶18

NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶19

HC-KAR

¶20

V/O DTD 31.01.2015 NOTICE TO R2 IS DISPENSED WITH)

¶21

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2014 PASSED IN MVC NO.994/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT-II, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,.

¶22

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶23

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

¶24

ORAL JUDGMENT

¶25

The Motor Accidents Claims Tribunal, D.K., Mangalore has passed a common judgment and award in MVC.Nos.986/2011 and 994/2011 on 01.08.2014. This appeal is filed by the claimant challenging the judgment and award dated 01.08.2014 passed in MVC.No.994/2011, seeking for enhancement of compensation.

¶26

Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per Tribunal for the sake of convenience.

¶27

3 - NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶28

HC-KAR

¶29

The Injured / claimant met with an accident on 18.01.2011 and filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,42,000/- with interest at the rate of 6% per annum from date of petition till realization. Being aggrieved by the said order, he preferred an appeal and mainly contended that the petitioner sustained multiple fractures which are grievous in nature and he was admitted in the hospital for a period of 62 days. He was working under the Padmashree Tours and Travels, as a driver of heavy vehicle passenger and earning Rs.15,000/- per month. But the Tribunal has erroneously considered his income as Rs.6,000/- which is on the lower side and doctor assessed the disability as 50% to the left lower limb and 15% to the whole body. The Tribunal erred in taking the disability as 15% and has granted meager amounts under other heads and no amount is granted for future medical expenses, therefore requested for enhancement of the compensation.

¶30

The petitioner examined his employer as PW.4 and also marked Ex.P17 salary certificate issued by him and Ex.P.18 D.L. In the cross-examination of PW.4, the witness admitted

¶31

4 - NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶32

HC-KAR

¶33

that he has not filed any document to show that he was running the Padmashree Tours and Travels. Therefore, the Tribunal considered his income as Rs.6,000/- per month. Considering the fact that he is a heavy-vehicle driver and he is aged 29 years, this Court finds it reasonable to take his income as Rs.8,000/- per month and the relevant multiplier is '17'. The petitioner filed Ex.P8 wound certificate, Ex.P7 discharge summary and also examined the doctor as PW.5 and filed Ex.P9 disability certificate. The petitioner sustained fracture of medial condyle of the left femur, fracture of acetabular post wall, fracture of pubic bone and fracture of proximal phalanx of right little finger. He was admitted in the hospital for a period of 21 days. There is malunaion of accitabular post wall with left hip, restricted movement left knee joint and left hip joint. The doctor assessed the partial permanent physical disability to the extent of 50% to the left lower limb which affect his future working and earning conditions, 1/3^rd of the same comes to 17%. Therefore, this Court finds it reasonable to take 17% as the whole body disability. Loss of future earning capacity comes to Rs.8000/- X 12 X 17 X 17% =Rs.2,77,440/-. The Tribunal has already granted an amount of Rs.50,000/- towards pain

¶34

5 - NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶35

HC-KAR

¶36

and suffering and Rs.1,25,000/- towards medical expenses and the said amounts are confirmed. Considering his occupation, period of hospitalization, nature of injuries and other relevant factors, this Court finds it reasonable to grant an amount of Rs.25,000/- towards loss of amenities and Rs.33,000/- for food, nourishment, transportation and attainment charges. The claimant might not have attended any other work at least for a period of six months therefore, this Court finds it reasonable to grant an amount of Rs.48,000/- towards loss of income during laid up period.

¶37

Thus in all, compensation awarded by this Court is

¶38

as below:

¶39

Sl.Nos.	Particulars	Amount in Rs.
1.	Towards pain and suffering	50,000/-
2.	Medical expenses	1,25,000/-
3.	Towards loss of amenities	25,000/-
4.	Towards food, nourishment, attendant charges and transportation.	33,000/-
5.	Towards loss of income during laid up period	48,000/-
6.	Towards future earning capacity	2,77,440/-
	Total	5,58,440/-

¶40

6 - NC: 2026:KHC:29737 MFA No. 8572 of 2014

¶41

HC-KAR

¶42

Hence, the appellant-claimant is entitled for a total

¶43

compensation of Rs.5,58,440/- along with interest at the rate of 6% p.a.

¶44

In the result, the following order is passed:

¶45

ORDER

¶46

i. The appeal is allowed in part.

¶47

ii. The judgment and award dated 01.08.2014 passed in MVC.No.994/2011on the file of the learned Motor Accidents Claims Tribunal, D.K., Mangalore, is modified.

¶48

iii. The claimant is entitled to a sum of Rs.5,58,440/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,42,000/- granted by the Tribunal.

¶49

iv. Respondent No.1/ Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/ Insurance Company is directed to deposit the enhanced compensation of Rs.1,16,440/- along with the interest at the rate of 6% within one month from the date of this order.

¶50