- 1 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7106 OF 2016(MV-I) BETWEEN: REGIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, 5TH KRISHI BHAVAN NRUPATHUNGA ROAD, BENGALURU-560 001 …APPELLANT (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. SANDEEP S/O JAYAPRAKASH NOW AGED ABOUT 23 YEARS R/A MUNICIPAL UNIVERSITY BANGALORE CAMPUS NO.105-A-PALENCE, PRINCE HOSTEL YELAHANKA OLD TOWN BENGALURU-560064. PERMANENT ADDRESS: R/A B-4, MADHAVA APARTMENT KOWDIAR, DEVAPALAN NAGAR PEROORKADA P O THIRUVANANTHAPURAM KERALA-695005. 2. THE MANAGING DIRECTOR M/S VRL LOGISTICS LTD. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 REGD. AND ADMIN OFFICE BANGALORE ROAD, VARUR HOBLI DHARWAD DISTRICT-581207. …RESPONDENTS (BY SRI.M ANIL KUMAR, ADVOCATE FOR R1: SRI ARAVIND M NEGLUR, ADVOCATE FOR 2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.7.2016 PASSED IN MVC NO.4665/2015 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.7,64,000/- WITH INTEREST @ 9% P.A (FUTURE MEDICAL EXPENSES DOES NOT CARRY INTEREST), FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Both counsels are present. Heard the arguments of the learned counsel for the parties. 2. This appeal is filed by the Insurance Company against the award of the Tribunal in M.V.C.No.4665/2015 passed on 25.07.2016. The claimant met with an accident on 13.03.2015 filed claim petition claiming compensation - 3 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 of Rs.10,00,000/-. Tribunal, on considering the entire evidence on record, granted an amount of Rs.7,64,000/- with interest @ 9% p.a. as an award from date of petition till deposit. Aggrieved by the said order, Insurance Company disputed the quantum of compensation awarded by the Tribunal, preferred this appeal. 3. Learned counsel for the appellant-Insurance Company has contended that, on 13.03.2015, the claimant was travelling as a passenger in a VRL Bus bearing Registration No. KA-25-C-7502, and the driver of the said bus drove it in a rash and negligent manner and dashed against the Lorry bearing Registration No. TN-29-AH-0630. The claimant was working as a Probationary Officer in Federal Bank, and his services were not terminated. He completed his probation successfully. The Tribunal granted Rs.1,50,000/- under the head 'disability' on the ground that the claimant sustained fractures of the fibula and tibia. However, the injuries sustained by him did not come in the way of his work as a Bank Officer. Therefore, the - 4 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 said amount is liable to be set aside. It is further contended that the Tribunal granted Rs.60,000/- towards 'future medical expenses' without any evidence, and the same is liable to be set aside. The Tribunal also granted Rs.4,00,000/- towards the 'loss of income during leave of the parents' of the claimant for two months without any documentary evidence, which is also liable to be set aside and parents are not parties to the proceedings, hence, the Tribunal had no jurisdiction to grant the said amount. It is further contended that the Tribunal awarded interest at the rate of 9% per annum, which is liable to be modified to 6% per annum. 4. Heard the arguments on both sides. 5. It is stated that the petitioner was aged 22 years and was working as a Probationary Officer in Federal Bank, earning Rs.50,000/- per month. He produced salary slips as Exs.P20 and P21. As per the pay slips, he was getting a gross salary of Rs.39,523/- and, after deductions, a net - 5 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 salary of Rs.35,965/-. However, the claimant was on probation at the time of the accident, and he has successfully completed his probation period and is continuing in his job. As such, he is not entitled to any compensation under the head of 'loss of future earning capacity'. However, the Tribunal, without considering the same, granted an amount of Rs.1,50,000/- under the head of 'disability', and the grant of the said amount is not based on proper appreciation of the facts and is liable to be set aside. 6. As per the evidence of PW-2, the doctor, the petitioner requires one more surgery for removal of the implants, and the estimated cost of the surgery is Rs.50,000/-. He also stated that the petitioner requires foot drop corrective surgery for his left lower limb and estimated the cost of the surgery at Rs.1,00,000/-. However, the Tribunal observed that no supporting documents were produced by PW-2 but considering the facts and in the absence of positive documents and looking - 6 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 into nature of surgeries, granted reasonable compensation of Rs.60,000/- towards 'future medical expenses', and the said amount is confirmed. 7. The Insurance Company also disputed the grant of Rs.4,00,000/- towards the loss of income of the parents during the treatment period. However, it is stated that the father of the petitioner was working as an Assistant Manager in Kollam Dairy, Kerala, and his pay slip was produced as Ex.P11. As per Ex.P11 and Ex.P12, he was drawing a salary of Rs.65,941/- p.m., and he availed leave for 5 months and 26 days. The mother of the claimant is working as Associate Professor in MMNSS College Kottiyam and as per Ex.P.13, she was drawing a salary of Rs.1,45,218/-. Ex.P14 is the certificate relating to the mother, which shows that she availed leave for 3 months and 14 days. Therefore, the Tribunal considered that the parents could have taken care of the petitioner for at least two months, as he had sustained injuries, and granted compensation towards the loss of income for 60 days. The - 7 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 Tribunal, considering all these aspects, rightly granted an amount of Rs.4,00,000/- towards the loss of income of the parents during the leave period, as they took care of the petitioner after he met with the accident and sustained injuries. The said amount granted by the Tribunal is confirmed. The Tribunal has already granted reasonable amounts under the heads of 'pain and sufferings' and 'loss of amenities'. This Court finds it reasonable to grant an amount of Rs.30,000/- towards transportation, extra nourishment, and attendant charges. Accordingly, the total compensation comes to Rs.6,36,000/-. 8. Thus in all, award of compensation passed by the Tribunal is modified as under: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 50,000 50,000 2. Loss of Amenities 30,000 30,000 - 8 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 3. Transportation, Nourishment, Conveyance and attendant charges 8,000 30,000 4. Towards disability 1,50,000 0 5. Medical Expenses 66,000 66,000 6. Loss of leave of the parents of the petitioner during laid up period and rest period 4,00,000 4,00,000 7. Future medical expenses 60,000 60,000 Total 7,64,000 6,36,000 9. The compensation awarded by the Tribunal at Rs.7,64,000/- is reduced to Rs.6,36,000/-. 10. The Insurance Company already deposited 50% of the compensation. Insurance Company is directed to deposit balance compensation with interest at the rate of 6% within one month from the date of the order. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed. - 9 - HC-KAR CNR: KAHC010435902016 NC: 2026:KHC:40065 MFA No. 7106 of 2016 The amount in deposit shall be transmitted to the Tribunal. Sd/- (P SREE SUDHA) JUDGE HA LIST NO.: 1 SL NO.: 41