- 1 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 735 OF 2016 (MV-I) C/W MFA NO. 2555 OF 2016 (MV-I) MFA NO. 1869 OF 2017 (MV-I) IN MFA No. 735/2016: BETWEEN: SRI. H G DEEKSHITH S/O GOPALA, AGED ABOUT 20 YEARS, SINCE DISABLED REPRESENTED BY NATURAL GUARDIAN MOTHER SMT.SHOBHA.H.L. W/O GOPALA, AGED ABOUT 38 YEARS, RESIDENT OF NEAR VINAYAKA BHAVANA, PAAPANNANA VATARA, GOWRI KOPPAL, HASSAN-573 201. …APPELLANT (BY SRI. CHETHAN B.,ADVOCATE) AND: 1. SRI. H V PRADEEPKUMAR, S/O VEDHAKUMAR.H.V. MAJOR, H.V.SONS TRANSPORTS, K.M.F.NEAR CATTEL FEED, HOSAKOPPAL, HOLENARASIPURA ROAD, HASSAN-573 201. 2. THE DIVISION MANAGER ORIENTAL INSURANCE CO.LTD., Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 MANJUNATHA COMPLEX, DIVISION OFFICE, S.S.COMPLEX, SUBHAS CIRCLE, HASSAN-573 201. …RESPONDENTS (BY SRI. K N SRINIVASA.,ADVOCATE FOR R2; R1 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2015 PASSED IN MVC NO.572/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2555/2016: BETWEEN: THE DIVISIONAL MANGER THE ORIENTAL INSURANCE CO LTD DIVISIONAL OFFICE, S S COMPLEX, SUBHAS CIRCLE, NO.20, 2ND FLOOR, 9TH MAIN, HASSAN. REP BY ITS DEPUTY MANAGER THE ORIENTAL INSURANCE CO. LTD , REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI 580 020. ...APPELLANT (BY SRI. SRINIVASA K N.,ADVOCATE) AND: 1. H G DEEKSHITH, S/O GOPALA AGED ABOUT 20 YEARS, R/A NEAR VINAYAKA BHAVAN, PAPANNANA VATARA, GOWRI KOPPAL, HASSAN-573 201. 2. H V PRADEEPKUMAR, S/O VEDHAKUMAR H V, - 3 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 AGED ABOUT 40 YEARS, H V SONS TRANSPORT, KMF, NEAR CATTLE FEED, HOSAKOPPAL, HOLENARASIPURA ROAD, HASSAN-573 201. ...RESPONDENTS (BY SRI. CHETHAN B.,ADVOCATE FOR C/R1(CP NO.124/16); R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2015 PASSED IN MVC NO.572/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT, HASSAN, AWARDING COMPENSATION OF Rs.11,25,960/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1869/2017: BETWEEN: THE MANAGER THE ORIENTAL INSURANCE CO. LTD., S.S. COMPLEX, SUBASH CIRCLE, HASSAN 573 142. REP. BY: THE DEPUTY MANAGER THE ORIENTAL INSURANCE CO. LTD. SUMANGALA COMPLEX, OPP: HDMC, LAMINGTON ROAD, HUBBALLI 580 020. ...APPELLANT (BY SRI. SRINIVASA K N.,ADVOCATE) AND: 1. SRI. D R KUMARA, S/O RANGACHARI, AGED ABOUT 23 YEARS, R/A: DORANAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK 573 142. 2. SRI. H.V. PRADEEP KUMAR, S/O H.V. VEDAKUMAR, - 4 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 M/S H.V. & SONS TRANSPORT NEAR KMF CATTLE FACTORY HOSAKOPPALU, HOLENARSIPURA ROAD, HASSAN 573 142. (OWNER OF LORRY BEARING NO.KA-12-A-2656) ...RESPONDENTS (R1 & R2 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2016 PASSED IN MVC NO.1178/14 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & MACT, HASSAN, AWARDING COMPENSATION OF RS.40,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT IN MFA.Nos.735/2016 and MFA No.2555/2016 arising out of MVC.No.572/2014 Aggrieved by the award passed in MVC.No.572/2014 dated 16.11.2015 by the III Additional District Judge and MACT, Hassan, both the Insurance Company as well as the claimant is before this Court. The claimant's appeal is MFA.No.735/2016 and Insurance Company's appeal is MFA.No.2555/2016. - 5 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 2. Learned counsel appearing for the claimant submits that in respect of the very same accident, the Insurance Company has accepted the liability and paid the compensation in MFA.No.3723/2015. In the light of the same, Insurance Company's appeal has to be dismissed. 3. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of income due to disability 6,500x12x18x49/100= Rs.6,87,960/- : Rs. 6,87,960/- 2. Medical Expenses : Rs. 35,000/- 3. Conveyance charges : Rs. 23,000/- 4. Attendant charges : Rs. 30,000/- 5. Loss of marriage prospects : Rs. 50,000/- 6. Loss of amenities : Rs. 50,000/- 7. Pain and suffering : Rs. 50,000/- 8. Future medical expenses : Rs. 1,00,000/- 9. Future attendant charges : Rs. 50,000/- 10. Food and nourishment charges : Rs. 50,000/- TOTAL : Rs. 11,25,960/- - 6 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 4. The doctor was examined as PW.2. According to the doctor, the claimant had sustained sutured wound over the left frontal region with underline fracture and swelling on left elbow. A surgery was conducted at Nimhans hospital on 18.12.2012 and he was discharged on 06.01.2013. It is stated by the doctor that the patient was unconscious even on the date of discharge and tube was fixed for breathing purpose. It was advised to take further treatment in any General hospital for the convenience of the attendants. Again the patient was brought to Nimhans hospital on 15.03.2013 for follow-up treatment. On examination, it was found that the patient started to recognize the family members and oral feeding and stammering in speaking. Then on 25.07.2015 and on 31.07.2015, the patient brought for further treatment and it was suggested to undertake Neuro psychological assessment and rehabilitation. On 25.07.2015, Neuro psychological treatment also conducted and found inadequate functions following motor speed, mental speed, focus and attention and other 8 deformities. It is the opinion of the medical officer that as per the guidelines of the Ministry of Social Justice and Empowerment, the patient is having disability of 49% with a - 7 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 Neuro psychological assessment. The patient needs further medicines and also attendants to take care of him. It is stated that normally 95% of the patients would recover within six months and remaining 5% would recover within two years. Here in this case, the patient even after the lapse of 2½ years, the same position is continued. So there are no chances of recovery and disability seems to be permanent. 5. The Tribunal had held that though the claimant is moving, it is only with the help of his mother and he is unable to do his personal work independently, he is unable to speak properly, he is unable to understand things. Merely because the claimant is moving along with his mother, it does not mean that there is no disability as expressed by the medical officer or any less disability as contended by the counsel for the Insurance Company. When there is a deficiency in the motor speed, mental speed and other deformities as mentioned in the case sheet, the Court cannot reduce the percentage of disability as doing with respect to other organs by reducing 1/3rd by comparing to the whole body. The whole body is controlled by the brain. When there is a difficulty in the brain itself, accepting - 8 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 the percentage of disability as opined by the medical officer is proper. The High Court in one case has opined that disability should be considered as 100% since the injured was semi- unconscious. In this case also, though the claimant is physically moving, his brain is not responding properly. Even his physical appearance also speaks the same thing. The disability will affect his marriage prospects. Accordingly, the Tribunal had considered the disability at 49% and granted the compensation. 6. Learned counsel appearing for the claimant submits that though the doctor had stated that the claimant had sustained 49% disability, in fact even the evidence goes to show that he is not in a position to talk and he is not able to do anything and he is only able to move with the help of his mother and he is not in a position to work independently and there is a deficiency in motor speed, mental speed and other deformities. In those circumstances, it amounts to 100% disability. The age of the claimant as on the date of the accident was 16 years old and however, the Tribunal though - 9 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 considered the judgment of the High Court has taken only 49% as the disability. 7. Having heard the learned counsels on either side, perused the entire material on record. In the considered opinion of this Court, it is a case of 100% disability as the claimant’s mental health is not permitting him to live independently. Hence, this Court is taking the disability as 100%. The accident had taken place on 18.12.2012, this Court is taking the income as applicable to the year 2013 i.e., Rs.8,000/- per month. Future prospects at 40% comes to Rs.3,200/-. Then his income will come to an amount of Rs.11,200/-. Hence, towards loss of future income, this Court is granting an amount of Rs.24,19,200/- (Rs.11,200x12x18x100%). Considering the injuries sustained by the claimant, towards pain and suffering, this Court is granting an amount of Rs.75,000/-. As the claimant was in the hospital for 65 days, towards incidental expenses, this Court is granting an amount of Rs.65,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.35,000/- and there are no reasons to interfere. Towards - 10 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 future medical expenses also, the Tribunal had rightly granted an amount of Rs.1,00,000/- and this Court is not interfering. Towards loss of marriage prospects, this Court is granting an amount of Rs.1,00,000/-. Coming to the attendant charges, as the claimant requires complete assistance throughout his life, as per the law laid down by the Apex Court in case of Lalan D. alias La and Another Vs. Oriental Insurance Company Ltd.1, towards attendant charges, this Court is granting an amount of Rs.10,80,000/- (Rs.5,000x12x18). Towards loss of income to the parents during the laid up period, for 6 months, this Court is granting an amount of Rs.48,000/- (Rs.8,000x6). 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled for compensation under the following heads: 1 AIR 2020 SC 4508 2 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of income due to disability/ Loss of future income : Rs. 6,87,960/- 24,19,200/- 2. Medical Expenses : Rs. 35,000/- 35,000/- 3. Conveyance charges : Rs. 23,000/- 00/- 4. Attendant charges : Rs. 30,000/- 10,80,000/- 5. Loss of marriage prospects : Rs. 50,000/- 1,00,000/- 6. Loss of amenities : Rs. 50,000/- 00/- 7. Pain and suffering : Rs. 50,000/- 75,000/- 8. Future medical expenses : Rs. 1,00,000/- 1,00,000/- 9. Future attendant charges : Rs. 50,000/- 00/- 10. Food and nourishment charges : Rs. 50,000/- 00/- 11. Incidental expenses : Rs. 00/- 65,000/- 12. Loss of income to the parents during laid up period : Rs. 00/- 48,000/- 13. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 11,25,960/- 39,32,200/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.39,32,200/-. - 12 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 IN MFA.NO.1869/2017 arising out of MVC.No.1178/2014 11. MFA.No.1869/2017 is filed questioning the award passed in MVC.No.1178/2014 dated 01.10.2016 by the II Additional Senior Civil Judge and MACT, Hassan, in respect to the very same accident. 12. The Insurance Company's appeal is on the ground that the injured is the inmate of the lorry and the Insurance Company is not liable to pay the compensation. 13. Learned counsel appearing for the claimant submits that in respect of the very same accident, the Insurance Company has accepted the liability and paid the compensation in MFA.No.3723/2015. In the light of the same, Insurance Company's appeal has to be dismissed. 14. Learned counsel appearing for the Insurance Company does not dispute the fact. Hence, nothing survives for consideration in this appeal. In the light of the same, the appeal deserves to be dismissed. - 13 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 15. MFA.No.735/2016 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.11,25,960/- to an amount of Rs.39,32,200/-. 16. MFA.No.2555/2016 filed by the Insurance Company is dismissed. 17. Accordingly, MFA.No.1869/2017 filed by the Insurance Company is dismissed. i. The amount in deposit shall be forthwith transmitted to the Tribunal. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. iv. On such deposit, 75% of the amount shall be kept as fixed deposit in a Nationalized Bank and the remaining amount shall be permitted to be withdrawn by the claimant. - 14 - HC-KAR NC: 2026:KHC:22752 MFA No. 735 of 2016 C/W MFA No. 2555 of 2016 MFA No. 1869 of 2017 v. If any amount is required for the expenses of the claimant, they shall seek permission from the Tribunal. vi. 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. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 20