- 1 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4444 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2650 OF 2022 (MV-I) MFA CROSS OBJECTION NO. 20 OF 2023 (MV-I) MFA CROSS OBJECTION NO. 21 OF 2023 (MV-I) IN MFA No. 4444/2022 BETWEEN: 1. THE MANAGER THE NEW INDIA ASSURANCE CO LTD ASSURANCE BUILDING, 87, M G ROAD, FORT MUMBAI-400001 BRANCH OFFICE AT CHANDAN COMPLEX, HARSHA MAHAL ROAD, HASSAN-573201 NOW REP BY ITS NEW INDIA ASSURANCE CO LTD., MOTOR TP HUB, 9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M G ROAD, BANGALORE-560001 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER AND: 1. RAJAPRASAD RAO S/O SADANANDA RAO, AGED ABOUT 54 YEARS, R/AT 76/17, 27TH MAIN, 7TH A CROSS, HSR LAYOUT, BANGALORE-560102 2. BSCPL INFRASTRUCTURE LTD 6-2-913/914, 5TH FLOOR, PROGRESSIVE TOWER, KHAIRATBAD, HYDERABAD-500004 BRANCH OFFICE AT AMBHA NILAYA, SAMPIGE ROAD, CHANNARAYAPATNA, HASSAN DISTRICT-573116 …RESPONDENTS (BY SRI. SUMA K., ADVOCATE for R1 R2-BSCPL INFRASTRUCTURE LTD, HYDERABAD SD ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.11.2021 PASSED IN MVC NO.173/2018 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), CHANNARAYAPATNA, HASSAN, AWARDING COMPENSATION OF RS.9,02,694/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 2650/2022 BETWEEN: 1. THE MANAGER THE NEW INDIA ASSURANCE CO LTD., - 3 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER ASSURANCE BUILDING, 87, MG ROAD, FOR MUMBAI-400 001 BRANCH OFFICE AT CHANDAN COMPLEX, HARSHA MAHAL ROAD, HASSAN-573 201 NOW REP BY ITS NEW INDIA ASSURANCE CO LTD MOTOR TP HUB, 9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, MG ROAD, BANGALORE-560 001. ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. ROOPAREKHA SEETHARAMA KOTEGADDE W/O RAJAPRASAD RAO AGED 47 YEARS, R/AT 76/17, 27TH MAIN, 7TH A CROSS, HSR LAYOUT, BENGALURU-560 102. 2. BSCPL INFRASTRUCTURE LTD. HASSAN 6-2-913/914, 5TH FLOOR, PROGRESSIVE TOWER KHAIRATBAD HYDERABAD-500 004. BRANCH OFFICE AT AMBHA NILAYA, SAMPIGE ROAD, CHANNARAYAPATNA HASSAN DISTRICT-573 116. ...RESPONDENTS (BY SRI. SUMA K.,ADVOCATE FOR R1) V/O DATED 31.05.2023, NOTICE TO R2 D/W - 4 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2021 PASSED IN MVC NO. 174/2018 ON THE FILE OF THE CIVIL JUDGE (SR. DN) CHANNARAYAPATNA, HASSAN, AWARDING COMPENSATION OF RS. 14,74,389/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA.CROB NO. 20/2023 BETWEEN: 1. RAJAPRASAD RAO S/O SADANANDA RAO, AGED ABOUT 55 YEARS, R/AT 76/17, 27TH MAIN, 7TH A CROSS, H S R LAYOUT, BENGALURU 560102 ...CROSS OBJECTOR (BY SRI. SUMA K.,ADVOCATE) AND: 1. BSCPL INFRASTRUCTURE LIMITED REGISTERED OFFICE, 6-2-913/914, 5TH FLOOR, PROGESSIVE TOWER, KHAIRATBAD, HYDERABAD 560004 HAVING A BRANCH OFFICE AT AMBHA NILAYA, SAMPIGE ROAD, CHANNARAYAPATNA, HASSAN DISTRICT 573116 2. THE NEW INDIA ASSURANCE CO. LTD., REGISTERED AND HEAD OFFICE, NEW INDIA, ASSURANCE BUILDING, 87, M G ROAD, FORT MUMBAI, 400001 - 5 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER HAVING BRANCH OFFICE AT, CHANDAN COMPLEX, HARSHA MAHAL ROAD, HASSAN 573201 ...RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2) NOTICE NOT ORDERED IN R/O R1 THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2021 PASSED IN MVC.NO.173/2018 ON THE FILE OF THE COURT OF CIVIL JUDGE, CHANNARAYAPATNA, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA.CROB NO. 21/2023 BETWEEN: 1. SMT.ROOPAREKHA SEETHARAMA KOTEGADDE ADIGA W/O RAJAPRASAD RAO AGED ABOUT 48 YEARS R/AT 76/17 27TH MAIN 7TH A CROSS H S R LAYOUT BANGALURU 560102 ...CROSS OBJECTOR (BY SRI. SUMA K.,ADVOCATE) AND: 1. BSCPL INFRASTRUCTURE LIMITED REGISTED OFFICE 6-2-913/914 5TH FLOOR PROGESSIVE TOWER KHAIRATBAD HYDERABAD 500004 HAVING A BRANCH OFFICE AT AMBHA NILAYA SAMPIGE ROAD CHANNARAYAPATNA HASSAN DISTRICT-573116 - 6 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER 2. THE NEW INDIA ASSURANCE CO LTD REGISTERED AND HEAD OFFICE NEW INDIA ASSURANCE BUILDING 87 M G ROAD FORT MUMBAI 400001 HAVING BRANCH OFFICE AT CHANDAN COMPLEX HARSHA MAHAL ROAD HASSAN 573201 ...RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2) NOTICE NOT ORDERED IN R/O R1) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SEC.1173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.11.2021 PASSED IN MVC NO.174/2018 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), CHANNARAYAPATNA, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS AND MFA CROB’S, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.173/2018 and MVC.No.174/2018 dated 29.11.2021 by the Civil Judge (Sr.Dn) at Channarayapatna, Hassan, the Insurance Company is before this Court by filing MFA.No.4444/2022 and MFA No.2650/2022. In MFA No.4444/2022 claimant has filed MFA.CROB.No.20/2023 and in MFA No.2650/2022 the claimant has filed MFA.CROB.No.21/2023. - 7 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER 2. The brief facts of the cases are that on 22.11.2014 at about 10.30 a.m. in the morning, when claimant in MVC.No.173/2018 along with his wife who is the claimant in MVC.No.174/2018, the son who is the claimant in MVC.No.176/2018, brother who is the claimant in MVC.No.175/2018 and sister-in-law who is the claimant in MVC.No.177/2018 were traveling from Bangalore to Mangalore on NH.75 in his Maruthi Suzuki car, the driver of Tipper Truck which was running ahead of the car, with utter careless and negligent manner and without giving any indication has taken U Turn and at once entered the lane in which the car was moving. Even though the claimant applied brakes very hard, he could not avoid the mishap and his car hit the rear portion of the truck thereby causing accident in which all the inmates of the car suffered grievous injuries. MFA No. 4444/2022, arising out of MVC.No.173/2018 3. The Tribunal had granted the compensation as per the table given below: - 8 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER Heads Compensation Awarded 1. Loss of future income Rs. 6,53,843/- 2. Pain, shock and suffering Rs. 70,000/- 3. Loss of amenities Rs. 15,000/- 4. Loss of income during laid up period Rs. 85,000/- 5. Attendant charges, diet and conveyance Rs. 15,000/- 6. Medical expenses Rs. 63,851/- TOTAL Rs. 9,02,694/- 4. Learned counsel appearing for the Insurance Company submits that though they sustained disability but that disability had no impact on the income of the claimants. It is submitted that the accident had occurred in the year 2014 and they have been filing IT returns till 2020. Learned counsel has drawn the attention of this Court to the income tax returns. It shows that there is a consistent increase in the income of the claimants. It is submitted that the Tribunal without considering these aspects had granted compensation under the head of loss of future income and the same needs to be interfered. 5. Learned counsel appearing for the claimants submits that they are doing printing business and the disability as - 9 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER assessed by the doctor it would have an impact on the business of the claimants and the Tribunal had rightly considered and granted the compensation. It is submitted that under the heads of pain and suffering, loss of amenities and the loss of income during the laid up period, the amount that is awarded by the Tribunal is not just reasonable and the same needs to be enhanced. 6. Having heard learned counsels on either side, perused the materials on record. In both the MVCs, the contention is with regard to the future loss of income. This Court has perused the income tax returns placed before the Court. As rightly argued by the learned counsel for the Insurance Company there is consistent increase in the income of the claimants. The Tribunal having considering the income tax returns ought not to have granted the compensation under the head of loss of future income. Hence, claimants are not entitled for any compensation under the head of loss of future income. However, the amount that is granted under the head of loss of amenities and the loss of income during the laid up period was not reasonably granted. As far as pain and - 10 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER suffering is concerned, this Court is granting an amount of Rs.1,00,000/-. Coming to the loss of amenities, this Court is granting an amount of Rs.50,000/-, loss of income during the laid up period, this Court is granting an amount of Rs.95,000/-. Towards medical expenses, attendant charges and other incidental expenses amounts are rightly granted and no interference is called for. 7. The claimant is therefore, entitled for the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income Rs. 6,53,843/- 00/- 2. Pain, shock and suffering Rs. 70,000/- 1,00,000/- 3. Loss of amenities Rs. 15,000/- 50,000/- 4. Loss of income during laid up period Rs. 85,000/- 95,000/- 5. Attendant charges, diet and conveyance Rs. 15,000/- 15,000/- 6. Medical expenses Rs. 63,851/- 63,851/- TOTAL Rs. 9,02,694/- 3,23,851/- - 11 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER 8. Accordingly, MFA.No.4444/2022 filed by the Insurance Company is partly allowed and the amount of compensation is reduced from an amount of Rs.9,02,064/- to an amount of Rs.3,23,851/-. MFA.CROB.No.20/2023 filed by the claimant is dismissed. i. The compensation amount shall carry 6% interest per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transferred. iii. The Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. If any, excess amount is deposited, the Insurance Company is at liberty to withdraw the excess amount. iv. No costs. 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. - 12 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER vi. Pending I.As. if any, shall stand closed. MFA.2650/2022 arising out of MVC.No.174/2018 9. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of future income Rs. 12,47,349/- 2. Pain, shock and suffering Rs. 30,000/- 3. Loss of amenities Rs. 15,000/- 4. Loss of income during laid up period Rs. 1,28,000/- 5. Attendant charges, diet and conveyance Rs. 15,000/- 6. Medical expenses Rs. 39,040/- TOTAL Rs. 14,74,389/- 10. Learned counsel appearing for the Insurance Company submits that though claimant sustained disability but that disability had no impact on the income of the claimant. It is submitted that the accident had occurred in the year 2014 and they have been filing IT returns till 2020. Learned counsel has drawn the attention of this Court to the income tax returns. - 13 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER It shows that there is a consistent increase in the income of the claimants. It is submitted that the Tribunal without considering these aspects had granted compensation under the head of the loss of future income and the same needs to be interfered. 11. Learned counsel appearing for the claimants submits that they are doing printing business and the disability as assessed by the doctor it would have an impact on the business of the claimants and the Tribunal had rightly considered and granted the compensation. It is submitted that under the heads of loss of pain and suffering, loss of amenities and the loss of income during the laid up period, the amount that is awarded by the Tribunal is not just reasonable and the same needs to be enhanced. 12. Having heard learned counsels on either side, perused the materials on record. In both the MVCs, the contention is with regard to the future loss of income. This Court has perused the income tax returns placed before the Court. As rightly argued by the learned counsel for the Insurance Company there is consistent increase in the income of the - 14 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER claimants. The Tribunal having considered the income tax returns ought not to have granted the compensation under the head of loss of future income. Hence, claimants are not entitled for any compensation under the head of loss of future income. However, the amount that is granted under the head of loss of amenities and the loss of income during the laid up period was not reasonably granted. As far as pain and suffering is concerned, this Court is granting an amount of Rs.1,00,000/-, Coming to the loss of amenities, this Court is granting an amount of Rs.50,000/-, Towards loss of income during the laid up period, medical expenses, attendant charges and other incidental expenses, amounts are rightly granted and no interference is called for. 13. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income Rs. 12,47,349/- 00/- 2. Pain, shock and suffering Rs. 30,000/- 1,00,000/- - 15 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER 3. Loss of amenities Rs. 15,000/- 50,000/- 4. Loss of income during laid up period Rs. 1,28,000/- 1,28,000/- 5. Attendant charges, diet and conveyance Rs. 15,000/- 15000/- 6. Medical expenses Rs. 39,040/- 39,040/- TOTAL Rs. 14,74,389/- 3,32,040/- 14. Accordingly, MFA.No.2650/2022 filed by the Insurance Company is partly allowed and the amount of compensation is reduced from Rs.14,74,389/- to Rs.3,32,040/-. MFA.CROB.No.21/2023 filed by the claimant is dismissed. i. The compensation amount shall carry 6% interest per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transferred. iii. The Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. If any, excess amount is - 16 - HC-KAR NC: 2025:KHC:38059 MFA No. 4444 of 2022 C/W MFA No. 2650 of 2022 MFA.CROB No. 20 of 2023 AND 1 OTHER deposited the Insurance Company is at liberty to withdraw the excess amount. iv. No costs. 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. Pending I.As. if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 2 Sl No.: 12