Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5315 OF 2025(MV-I) BETWEEN: SURESHA S/O LAKKAPPA NOW AGED ABOUT 51 YEARS, RESIDING AT LENKANAHALLI, GOLLARAHATTI, TUYLAHALLI POST, MAYASANDRA HOBLI, CHANDRASHEKARAPURA, TURUVEKERE TALUK, TUMKUR DISTRICT-572 213 Digitally signed by …APPELLANT MEGHA MOHAN (BY SRI. N R RANGEGOWDA., ADVOCATE) Location: HIGH AND: COURT OF KARNATAKA
1. SHEKARAIAH S/O. SHIVANNA AGED MAJOR, R/AT BELAGARAHALLI AT POST, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT. -2-
2. ICICI LOMBARD GENERAL INSURANCE CO,LTD., REP BY ITS MANAGER, NO.121, THE ESTATE BUILDING 9TH FLOOR, DICKENSON ROAD, M.G. ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R2 V/O DTD. 23/09/2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.08.2024 PASSED IN MVC
NO. 7019/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI -3-
ORAL JUDGMENT
Aggrieved by the award passed in MVC.No.7019/2022 dated 19.08.2024 by the XXIII Addl. Small Causes Judge, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.5,90,100/-, the claimant is before this Court seeking enhancement of the compensation.
2. The claim petition is filed by the claimant seeking
compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 23.09.2022 at about 5.45 pm., the claimant and one Darshan were standing on the extreme left side of Yadiyur-Kallur cross road along with a motorcycle near Lenkanahalli Gate, Mayasandra Hobli, Turuvekere Taluk, Tumkur District, a TATA Ace Goods vehicle came with high speed, driven by its driver in a rash and negligent manner, endangering human life, all of a sudden came from Yadiyur side and dashed against the claimant and said Darshan. Due to impact, both the claimant and Darshan were knocked to the ground and sustained grievous head and bodily injuries. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: -4- Sl. Heads of Compensation Amount granted No.
1. Pain and suffering Rs. 60,000/-
2. Medical expenses Rs. 43,538/-
3. Loss of income during laid up Rs. 15,500/- period
4. Loss of future income Rs. 4,11,060/-
5. Loss of future amenities and Rs. 20,000/- happiness
6. Attendant, conveyance, food Rs. 20,000/- and nourishment charges
7. Future medical expenses Rs. 20,000/- Total Rs. 5,90,098/- Rounded off to Rs.5,90,100/-
3. Learned counsel appearing for the appellant/
claimant submits that the claimant is aggrieved on the aspect of loss of income during the laid up period and also the loss of amenities. On these two grounds, the claimant is before this Court. It is submitted that as per the evidence of the doctor, the claimant had sustained 17% disability to the whole body, but the Tribunal had granted only an amount of Rs.20,000/- towards loss of amenities. It is further submitted that towards loss of income during the laid up period, the Tribunal had granted only for one month and ought to have granted for three months. -5-
4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for.
5. Having heard the learned counsels on either side,
perused the material on record. Towards pain and suffering, medical expenses, loss of future income, incidental expenses, and future medical expenses, the Tribunal had rightly granted the compensation amount and this Court is not interfering with the same. The appellant/claimant is aggrieved with regard to the loss of income during the laid up period. Considering the hospitalization, this Court is inclined to grant for three months. Hence, this Court is granting an amount of (15500X3)= Rs.46,500/- towards loss of income during the laid up period. Then coming to the loss of amenities, considering the disability of 17% to the whole body, this Court is granting an amount of Rs.40,000/- towards loss of amenities.
6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V. Mekala vs. M. Malathi and -6- Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses.
7. The claimant is therefore, entitled to the compensation under the following heads: Sl. Heads of Amount granted Amount No. Compensation by the Tribunal granted by this Court
1. Pain and suffering Rs. 60,000/- 60,000/-
2. Medical expenses Rs. 43,538/- 43,538/-
3. Loss of income Rs. 15,500/- 46,500/- during laid up period
4. Loss of future Rs. 4,11,060/- 4,11,060/- income
5. Loss of future Rs. 20,000/- 40,000/- amenities and happiness
6. Attendant, Rs. 20,000/- 20,000/- conveyance, food and nourishment charges
7. Future medical Rs. 20,000/- 20,000/- expenses
8. Legal expenses Rs. 00/- 10,000/- Total Rs. 5,90,098/- 6,51,098/- Rounded off Rounded off to to Rs.5,90,100/- Rs.6,51,100/- Enhanced amount Rs. 61,000/-
8. Altogether, the claimant is entitled for compensation of an amount of Rs.6,51,100/-
9. Accordingly, the appeal filed by the claimant is
partly allowed by enhancing the compensation from an amount of Rs.5,90,100/- to Rs.6,51,100/- and the Insurance Company is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.2/Insurance Company shall pay the compensation. iv) Respondent No.2/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the
order passed by this Court forthwith without any
delay. vi) On 23.09.2025, the delay of 220 days is condoned on the condition that the claimant will not be entitled for the interest, in case of enhancement. -8- Hence, Insurance Company is not liable to pay the interest for the delayed period. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI BN List No.: 2 Sl No.: 24