- 1 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 159 OF 2016 (MV-I) BETWEEN: SHIVA GUNWANT S/O VIMAL GUNAWANT AGED ABOUT 27 YEARS, R/AT FLAT NO.10/A, FLAT NO.2, SHESHAVINDYA, 1ST CROSS, A BLOCK, VINAYAKANAGAR, HAL POST, BANGALORE-560 017. …APPELLANT (BY SRI. P SURESH.,ADVOCATE) AND: 1. ROYAL SUNDARAM ALLAINCE INSURANCE CO. LTD BANGALORE REGIONAL OFFICE, NO.186/7, GROUND FLOOR, RAGHAVENDRA COMPLEX, HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE-560 027 PRESENT ADDRESS: NO.30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHAN ROY ROAD, SAMPANGIRAMANAGARA Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 BANGALORE-560 027 REPT BY ITS INCHARGE MANAGER. 2. SUSHEELA MUKUNDAN MAJOR IN AGE, R/AT NO.1298, KAMALA NIVAS, T.DASARAHALLI, BANGALORE-560 057. …RESPONDENTS (BY SRI.RAVI.S. SAMPRATHI., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 26.02.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2015 PASSED IN MVC NO.4100/2014 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is by the injured in a road accident, and he is aggrieved because the XIX Additional Small Causes Judge & Motor Accident Claims Tribunal, Bengaluru [for short 'the Tribunal'] has allowed in part his claim petition in MVC No.4100/2014 by Judgment and Award dated 05.11.2015 under Section 166 of the Motor Vehicles Act, 1988 granting a sum of Rs.25,91,762/- with interest at 6% per annum. The Tribunal has awarded the aforesaid amount under the following heads: Sl.No. Particulars Amount (in Rs.) 1. Pain and agony 75,000 2. Medical expenses 21,80,762 3. Loss of amenities in life 2,00,000 4. Food and Nourishment 1,00,000 5. Attendant charges 36,000 TOTAL 25,91,762 A Brief Statement of facts: 2. The claimant, an Engineering Graduate and working as a Software Development Engineer - 4 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 with M/s. McAfee Software India Private Limited, met with a road accident on 27.07.2013 in the early hours. He was travelling in a Mahindra Bolero, which was insured with the first respondent [the Insurer]. The accident is because the driver of this vehicle was rash and negligent. The claimant has suffered a traumatic cervical spinal cord injury, retroplasia, neurogenic bowel and bladder and fractures of the left second and third metacarpal bones. 2.1 The claimant was initially resuscitated in a local Hospital before being shifted to Manipal Hospital, Bengaluru. He was an inpatient in this hospital between 27.07.2013 and 18.09.2013. He has undergone different surgeries for stabilization of vertebral fractures and for internal fixation of a metacarpal fracture. Urologists and qualified persons have attended him to ensure rehabilitation procedures [including physiotherapy, occupational therapy and bladder and bowel training], and he - 5 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 continues to suffer incontinence and difficulties with bowel. 2.2 Dr. Dheeraj, a consultant with Manipal Hospital who has attended on the claimant, is examined as PW2. This witness has highlighted the afore while also underscoring that the claimant has erectile dysfunction, weakness of both left upper and lower limbs and reduced sensation in all four limbs and trunk. The witness has assessed the claimant’s physical disability at 75%. The claimant has filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908, for leave to produce certain additional documents to underscore that even today he spends a substantial amount every month on physiotherapy, purchase of requisite diapers, meeting consultants. 3. Sri P Suresh and Sri Ravishankar S Samprathi, the learned counsel for the claimant, and the learned counsel for the Insurer, are heard and - 6 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 records are perused. Sri P Suresh submits that this Court must grant compensation towards loss of earning capacity because the doctors have opined that the claimant has suffered a 75% permanent disability. However, when queried in the light of the evidence tendered by the claimant’s employer1 stating that the claimant was paid salary even during the laid-up period and he has continued to work in the company even after the initial treatment as aforesaid, Sri P Suresh limits the claimant's case for enhancement is under the following heads: [a] loss of amenities [b] loss of marriage prospects [c] future medical expenses and [d] attendant charges/nourishment and other charges. On Pain and agony, loss of amenities in life/ marriage prospects: 4. The evidence demonstrates that the claimant has suffered a substantial loss in terms of 1 Sri. Arvind, a H R Partner with M/s. McAfee Software India Private Limited is examined as PW -3. - 7 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 amenities because there is decreased sensation in his trunk and forelimbs and plasticity in the left upper and lower limbs. The claimant will suffer incontinence and irregular bowels all his life, and he also has erectile dysfunction. The claimant has continued in employment, and he may not have suffered a loss in that sense, but that cannot undermine the claim for just compensation towards loss of different amenities. The Tribunal has awarded a sum of Rs.75,000/- towards pain and agony. 4.1 This Court is of the considered view that for ensuring just and reasonable compensation as is required under the provisions of the Motor Vehicles Act, 1988 there must be a sum of Rs.1,50,000/- under this head [pain and agony]. This Court must observe that the claimant on completion of his graduation in engineering was employed as a Software Development Engineer and earning substantially. The natural corollary of this position - 8 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 would be that he would have lived, probably, a corresponding life, which is now undermined. This Court is of the considered view that another sum of Rs.5,50,000/- [as against a sum of Rs.2,00,000/-] must be awarded towards loss of marriage prospects and loss of normal life. On attendant charges/nourishment and future medical expenses 5. As observed at the first instance, the claimant is hospitalized for over a year undergoing multiple surgeries. He has also undergone elaborate physiotherapy and rehabilitation programs. These are over another two to three years. The claimant could not have undergone these procedures/programs unless he or his family members incurred substantial expenses in ensuring attendants taking care of him. The Tribunal has awarded a sum of Rs.1,36,000/- combined towards food, nourishment and attendant charges for this period. This Court opines that the - 9 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 just and reasonable compensation under these heads will be in the sum of Rs.4,00,000/-. 5.1 Sri P Suresh, relying upon the doctors’ evidence to contend that this Court must grant future medical expenses at the rate of Rs.60,000/- per month, emphasizes that the claimant will not only have to undergo physiotherapy and rehabilitation but will also have to incur substantial expenses in securing constant medical help and in buying diapers and other necessary material because of his condition. This indeed would be so. However, the claimant, unless the additional documents go through the process of trial, cannot be entitled for enhancement based on such documents. 5.2 When queried, Sri P Suresh submits that this Court may consider granting just and reasonable compensation, with Sri Ravishankar S Samprathi submitting that the compensation under this head must also be just and reasonable in the - 10 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 backdrop of the fact that the award under this head would be for that amount which the appellant may incur in the future. Indeed, the learned counsels are justified in emphasizing the different circumstances as stated above, and each of them must be considered. 5.3 The claimant's condition leaves no room for doubt that he will have to undergo regular physiotherapy; he will have to be under constant medical care, and he will also have to incur expenses not just in buying diapers but also medicines. An element of a rough estimate is inevitable, especially with the evidence being tentative. This Court opines, on a holistic reading of all the circumstances, that it would be just to hold that the claimant will have to incur Rs.5,000/- every month and he must be duly compensated. The amount of Rs.5,000/- per month must be capitalized so that the amount would be commensurate with his actual expenses, and that - 11 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 could be achieved by applying the multiplier based on the claimant's age. The claimant was 25 years as of the accident, and the multiplier would be '18'. Therefore, the claimant will be entitled for Rs.10,80,000/- [Rs.5,000/- x 12 x 18]. 6. The appellant, consequent to the discussion as aforesaid, will be entitled for enhancement in a total sum of Rs.17,69,000/- which is brought out by the following comparative table of the compensation awarded by the Tribunal under the different heads and enhanced by this Court. By the Tribunal [in Rs.] By this Court [in Rs.] Pain and agony 75,000 1,50,000 Medical expenses 21,80,762 21,80,762 Loss of amenities in life/marriage prospects 2,00,000 5,50,000 Food and Nourishment 1,00,000 Attendant charges 36,000 4,00,000 Future medical expenses Nil 10,80,000 Total 25,91,762 43,60,762 Enhancement 17,69,000 - 12 - HC-KAR NC: 2025:KHC:24724-DB MFA No. 159 of 2016 In the light of the afore, the following:- ORDER The appeal is allowed in part, and the impugned Judgment and Award dated 05.11.2015 in MVC No.4100/2014 on the file of the XIX Additional Small Causes Judge & Motor Accident Claims Tribunal, Bengaluru is modified awarding to the claimant total compensation of Rs.43,60,762/- including the enhanced compensation of Rs.17,69,000/- along with interest at 6% per annum from the date of the petition till deposit. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE AN/-