- 1 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4077 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4795 OF 2015 (MV-I) IN MFA No. 4077/2015 BETWEEN: SRI. V. DEEPAK, S/O LATE VIJAY KUMAR, AGED ABOUT 29 YEARS, R/AT NO. 92, JYOTHI NIVAS, KORAMANGALA, BANGALORE - 560 034. …APPELLANT (BY SRI. RAGHAVENDRA M, ADVOCATE FOR SRI. KALYAN R, ADVOCATE) AND: 1. ROYAL SUNDARAM ALLIANCE CO. LTD., NO.186/7, RAGHAVENDRA COMPLEX, WILSON GARDEN, 1ST CROSS, HOSUR MAIN ROAD, BANGALORE - 560 076. 2. SRI. SHANKAR KALAL, S/O NARASOJI, AGED MAJOR, R/AT K.K. CIRCLE, GAJENDRAGAD, RION TALUK, GADAG DISTRICT - 582 101. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R1; VIDE ORDER DATED 28.10.2016, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.3.2015 PASSED IN MVC NO.1062/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28TH ACMM, MACT, BENGALURU, PARTLY ALLOWING THE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4795/2015 BETWEEN: M/S. ROYAL SUNDARAM ALLIANCE, INSURANCE COMPANY LTD., NO.186/7, RAGHAVENDRA COMPLEX, WILSON GARDEN, HOSUR ROAD, BENGALURU - 560 027, REPRESENTED BY MANAGER. ...APPELLANT (BY SRI. RAVI S. SAMPRATHI, ADVOCATE) AND: 1. SRI. V. DEEPAK S/O LATE VIJAYAKUMAR, AGED ABOUT 29 YEARS, NO. 92, JYOTHI NIVAS, KORAMANGALA, BENGALURU - 560 034. 2. SRI. SHANKARA KALAL, S/O NARASOJI, MAJOR IN AGE, K.K. CIRCLE, GAJENDRAGAD, RON TALUK, GADAG DISTRICT - 580 009. ...RESPONDENTS (BY SRI. RAGHAVENDRA M, ADVOCATE FOR SRI. KALYAN R, ADVOCATE FOR R1; R2 - VIDE ORDER DATED 22.11.2017 NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.3.2015 PASSED IN MVC NO.1062/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, 28TH ACMM, BENGALURU, AWARDING A COMPENSATION OF RS.9,58,216/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT IN COURT.(FUTURE MEDICAL EXPENSES OF RS. 20,000/- WILL NOT CARRY INTEREST). THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C. No.1062/2014 dated 18.03.2015 by the II Addl. Small Causes Judge & XXVIII ACMM, Bengaluru, the Insurance Company as well as the claimant are before this Court. The Insurance Company's appeal is M.F.A. No.4795/2015 and the claimant's appeal is M.F.A. No.4077/2015. 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road accident. It is the case of the claimant that because of the injuries sustained in the accident and as per the evidence of the doctor, he had sustained 46% disability to the left lower limb and 16% disability to the whole body. He is working as a Site Engineer and he is earning an amount of Rs.21,800/- per month and he is aged 28 years. He had sustained 2 fractures. Considering the salary at Rs.21,800/- and the disability at 16%, the Tribunal had granted the compensation as per the following heads: - 4 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 Sl.No. Particulars Amount in Rs. 1. Injury pain & sufferings: 80,000/- 2. Medical Expenses: 1,00,664/- 3. Loss of future earnings: 7,11,552/- 4. Loss of amenities 30,000/- 5. Conveyance, Nourishment, Food and attending charges: 16,000/- 6. Future medical expenses: 20,000/- Total 9,58,216/- 3. Learned counsel appearing for the Insurance Company submits that there is no evidence on record to show that because of the injuries sustained by the claimant, it had an impact on his future earnings. Without there being any evidence, the Tribunal cannot grant the compensation under the head 'loss of future earnings'. It is submitted that the Tribunal had observed that the burden lies on the Insurance Company, which is not correct and the burden lies on the claimant to prove the same when he is seeking compensation under the head 'loss of future income'. It is submitted that even under the head of 'pain and suffering', the amount that is granted by the Tribunal is on the higher side. - 5 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 4. Learned counsel appearing for the appellant- claimant submits that considering the disability at 16% to the whole body, the compensation that is granted by the Tribunal is on the lower side. He submits that no compensation is granted under the head of 'loss of income during laid up period' and on the other heads also, the compensation granted by the Tribunal is also not reasonable. As such, the compensation needs to be enhanced. He submits that the Tribunal had rightly held that the burden lies on the Insurance Company to prove that the injuries have an impact on the claimant and on his future earnings. 5. Having heard the learned counsels on either side, perused the material on record. In this case, admittedly the claimant had sustained two fractures. For that, this Court is inclined to grant an amount of Rs.60,000/- under the head 'pain and suffering'. Coming to the 'medical expenses', 'loss of amenities', 'conveyance, nourishment, food and attending charges' and 'future medical expenses', for 10 days hospitalization, the Tribunal had rightly granted the compensation and there are no grounds to interfere with the same. As rightly argued by the learned counsel appearing for - 6 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 the claimant that for 'loss of earning during laid up period', no amount is granted. Hence, considering the salary at Rs.21,800/- for 3 months, this Court is granting an amount of Rs.65,400/-. Then coming to the 'loss of future earning', this Court is not able to appreciate the submission of the learned counsel for the Insurance Company. According to the doctor, he had sustained disability of 16% to the whole body. He is working as a Site Engineer and considering the nature of his work, it would definitely have an impact on his future earnings. Hence, the Tribunal had rightly granted the compensation under the said head of an amount of Rs.7,11,552/- and there are no grounds to interfere with the same. 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 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: 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury pain & sufferings: : Rs. 80,000/- 60,000/- 2. Medical Expenses: : Rs. 1,00,664/- 1,00,664/- 3. Loss of future earnings: : Rs. 7,11,552/- 7,11,552/- 4. Loss of amenities : Rs. 30,000/- 30,000/- 5. Conveyance, Nourishment, Food and attending charges: : Rs. 16,000/- 16,000/- 6. Future medical expenses: : Rs. 20,000/- 20,000/- 7. Loss of earning during laid up period : Rs. -- 65,400/- 8. Legal Expenses : Rs. -- 10,000/- TOTAL : Rs. 9,58,216/- 10,13,616/- Enhancement : Rs. 55,400/- 8. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from Rs.9,58,216/- to Rs.10,13,616/- and the appeal of the Insurance company is dismissed. - 8 - NC: 2025:KHC:12193 MFA No. 4077 of 2015 C/W MFA No. 4795 of 2015 ORDER i) The appeal of the claimant is partly allowed by enhancing the compensation amount from Rs.9,58,216/- to Rs.10,13,616/-. The enhanced amount is Rs.55,400/-. ii) The appeal of the insurance company is dismissed. iii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iv) Amount in deposit shall be forthwith transferred to the Tribunal. On such deposit, the claimant is at liberty to withdraw the 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) No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 4, CT: BHK