- 1 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6029 OF 2024(MV-I) BETWEEN: THE MANAGER, CHOLAMANDALAM MS GIC LTD., C1, 1ST FLOOR, SIGMA COMPLEX, NEW KANTHARAJE URS ROAD, KUVEMPUNAGAR, MYSURU-570024. NOW REP BY ITS THE MANGER, CHOLAMANDALAM MS GIC LTD., UNIT NO.4, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGAR, BANGALORE-560 010 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. VASANTHA KUMAR S.R., S/O. LATE RAMANAYAKA, AGED ABOUT 24 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 R/AT. SATHIGRAMA VILLAGE, KAGGERE POST, K.R. NAGARA TALUK, MYSURU DISTRICT - 571602. 2. LOKESHA S.R., S/O. RAJANAYAKA, AGED ABOUT 41 YEARS, R/AT. SATHIGRAMA VILLAGE, KAGGERE POST, K.R. NAGARA RALUK, MYSURU DISTRICT - 571602 …RESPONDENTS (RESPONDENT NO.1-SERVED; NOTICE TO R2 IS DISPENSED WITH V/O/DATED 09.12.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2023 PASSED IN MVC NO. 1352/2022 ON THE FILE OF THE PRINCIPAL JDUGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, AWARDING COMPENSATION OF RS. 9,63,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1352/2022 dated 08.12.2023 by the Principal Judge, Court of Small Causes and MACT, Mysuru, whereby the Tribunal had granted compensation of an amount of Rs.9,63,000/-, the Insurance Company is before this Court questioning the quantum of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.23,60,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 06.04.2022 at about 10.00 to 10.30 pm., the claimant was proceeding in motorcycle as a pillion rider and motorcycle was ridden by one Lokesha and when they were going from K.R. Nagara towards Sathigrama side and when they came near Panchakshari’s land, on K.R.Nagara-Sathigrama road, near Kaggere Village, K.R. Nagara Taluk, the rider of motorcycle was coming in the opposite direction on the left side of the road by following rules and at that point of time, the rider of the motorcycle drove the same at high speed in a rash and negligent manner and dashed against the motorcycle coming in the opposite direction and - 4 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 due to the impact, the claimant and all the others fell down and sustained grievous injuries. The claimant had sustained severe head injury, right zygomatic complex fracture with orbital floor fracture injury and right eye injury. Soon after the accident he was shifted to Government Hospital at KR. Nagara where he took first aid treatment and from there he was shifted to K.R. Hospital. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Pain, agony and suffering Rs. 30,000/- 2. Loss of amenities and happiness and inconvenience Rs. 20,000/- 3. Medical and hospital charges Rs. 2,16,000/- 4. Loss of earning during laid up period Rs. 31,000/- 5. Towards attendant, food, nourishment and other sundry expenses Rs. 10,000/- 6. Loss of future earnings Rs. 6,56,000/- Total Rs. 9,63,000/- 3. Learned counsel appearing for the appellant/ Insurance Company submits that the Tribunal had granted the excess compensation. It is submitted that there is contributory negligence on the part of the claimant and the same is not - 5 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 considered by the Tribunal as it is a head on collision. It is submitted that though the disability is 14%, the Tribunal had granted 40% future prospects. When the disability itself is 14% question of considering the future prospects do not arise. It is further submitted that the amount that is granted under the head of loss of future earnings is also on the higher side. 4. Though notice is served on respondent No.1, no vakalath is filed on his behalf. 5. Having heard the learned counsels on either side, perused the material on record. The claimant had sustained two fracture injuries, considering the same, this Court is granting an amount of Rs.60,000/- towards pain and sufferings. Coming to the medical expenses, the Tribunal had rightly granted an amount of Rs.2,16,000/- and this Court is not interfering with the same. As this accident had taken place in the year 2022, as per the chart the income is taken at Rs.15,500/- per month, for 3 months it comes to an amount of (15500X3)= Rs.46,500/- towards loss of earning during the laid up period. The claimant was in the hospital for 8 days and the Tribunal had rightly granted an amount of Rs.10,000/- - 6 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 towards attendant, food, nourishment and other sundry expenses and this Court is not interfering with the same. Coming to the disability the Tribunal had taken the disability at 14%. Hence, under the head of loss of amenities, this Court is granting an amount of Rs.30,000/-. As rightly argued by the learned counsel appearing for the appellant/Insurance Company that the claimant is not entitled for any future prospects for disability of 14%. Considering the same, this Court is granting an amount of (15,500X12X18X14/100)= Rs.4,68,720/- towards loss of future earnings. Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Pain, agony and suffering Rs. 30,000/- 60,000/- 2. Loss of amenities and happiness and inconvenience Rs. 20,000/- 30,000/- 3. Medical and hospital charges Rs. 2,16,000/- 2,16,000/- 4. Loss of earning during laid up period Rs. 31,000/- 46,500/- 5. Towards attendant, food, nourishment and other sundry expenses Rs. 10,000/- 10,000/- - 7 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 6. Loss of future earnings Rs. 6,56,000/- 4,68,720/- Total Rs. 9,63,000/- 8,31,220/- Reduced amount Rs. 1,31,780/- 6. Altogether, the claimant is entitled for an amount of Rs.8,31,220/-. 7. Coming to the contributory negligence, the charge sheet is filed against the driver of the Insured vehicle. There is no other independent evidence on record to show that there is contributory negligence. In these circumstances, this Court is not inclined to go into that aspect as the Tribunal had rightly considered and held that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle. Hence, the appeal of the Insurance Company on that ground fails. 8. Accordingly, the appeal of the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.9,63,000/- to Rs.8,31,220/-. i) The amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2025:KHC:42566 MFA No. 6029 of 2024 ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The appellant/Insurance Company shall deposit the amount, if any, 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. iv) 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 64