Karnataka High Court
Sri. Parashuraman vs The Regional Manager on 10 July, 2025
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NC: 2025:KHC:25973
MFA No. 4585 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 4585 OF 2017 (MV-I)
BETWEEN:
SRI. PARASHURAMAN
S/O RAMASWAMY A
AGED ABOUT 57 YEARS
NO.14,BINNY MILL MAIN ROAD,
COTTONPET CROSS, BEHIND SUPER TALKIES
BENGALURU-560 053
OLD ADDRESS C/O NEW LIGHT OPTICALS
NO.2027,SHOP NO.3,
4TH B CROSS,OPP.SBI
YELAHANKA NEW TOWN
BENGALURU-560 064
...APPELLANT
(BY SRI. ANIL KUMAR M, ADVOCATE)
AND:
Digitally
1. THE REGIONAL MANAGER
signed by
NIRMALA M/S UNIVERSAL SOMPO GEN INS CO LTD.,
DEVI K.V.D.TOWERS,NO.7/3,
OPP. TO INDIRANAGAR,
Location:
HIGH 100 FEET ROAD
COURT OF 2ND FLOOR,OLD MADRAS ROAD,
KARNATAKA BINNAMANGALA, BENGALURU-560 038
2. SMT LAKSHMI A
W/O RAMAKRISHNA N
NO.1111/A,15TH CROSS,
1ST STAGE,1ST PHASE
CHANDRA LAYOUT, BENGALURU-560 072
...RESPONDENTS
(BY SRI. S V HEGDE MULKHAND, ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O DTD 17.11.2023)
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NC: 2025:KHC:25973
MFA No. 4585 of 2017
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.04.2015 PASSED IN MVC
NO.6905/2013 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES
JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER,
MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The above appeal is filed by the claimant for
enhancement of the compensation challenging the judgment
and award dated 28.4.2015 passed in MVC No.6905/2013 by
the IX Additional Small Causes and Additional Motor Accident
Claims Tribunal, Bengaluru (SCCH-7)1, wherein the Tribunal
has partly allowed the claim petition and awarded a total
compensation of `2,30,148/- together with interest at 6% pa.
2. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only question that is required to be considered is as
to whether the compensation awarded by the Tribunal is
required to be enhanced.
Hereinafter referred to as 'Tribunal'
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HC-KAR
3. Heard the submissions of learned counsel Sri Anil
Kumar M, for the appellant/claimant and learned counsel
Sri S.V.Hegde Mulkhand for respondent No.1-insurer.
4. The claimant was aged 53 years as on the date of
the accident i.e., 12.11.2013. Hence, the appropriate multiplier
as assessed by the Tribunal at 11 is just and proper. The
claimant is stated to be an employee in a private company
earning `10,000/- p.m. However, no documents have been
produced to demonstrate the income. The Tribunal has
assessed the notional income at `6,000/- p.m. Having regard
to the date of the accident, the notional income is re-assessed
as `8,000/- p.m.
5. It is forthcoming from the wound certificate
(Ex.P6), the discharge summary (Ex.P7) and the other material
on record that the claimant has sustained 1/3rd fracture of the
left tibia and fibula. The claimant took treatment as an
inpatient for a total period of 9 days. The doctor (PW.2) has
deposed that the claimant has sustained 34% disability to the
left lower limb. The Tribunal considering the same, has
assessed the disability at 10% to the whole body, which is just
and proper.
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HC-KAR
6. Having regard to the aforementioned, the
compensation is re-assessed as follows:
6.1. Having regard to the nature of injuries sustained,
the compensation towards pain and suffering is re-assessed as
`30,000/- as against `20,000/- assessed by the Tribunal;
6.2. The Tribunal has assessed the laid up period as 3
months and accordingly, a compensation of (`8,000/-x3)
`24,000/- is awarded towards loss of income during laid up
period as against `18,000/- awarded by the Tribunal;
6.3. The Tribunal has awarded a sum of `5,000/-
towards conveyance, `5,000/- towards attendant charges and
`5,000/- towards food, nourishment and diet charges, which
are just and proper;
6.4. Having regard to the nature of injuries sustained
and the extent of disability, it is just and proper to award loss
of amenities in a sum of `20,000/- as against `10,000/-
awarded by the Tribunal;
6.5. The Tribunal has awarded a sum of `72,948/-
towards actual medical expenses as per bills, which is just and
proper and the same is rounded off to `73,000/-;
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HC-KAR
6.6. The compensation awarded by the Tribunal towards
future medical expenses is not interfered with;
6.7. Loss of income due to disability is re-assessed as
(`8,000/-x12x11x10%) `1,05,600/- as against `79,200/-
awarded by the Tribunal.
7. Taking judicial notice of the interest payable
towards fixed deposits, it is just and proper to award interest at
the rate of 7% p.a., on the compensation as re-assessed by
this Court.
8. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl. Heads Amount awarded Amount awarded
No by the Tribunal by this Court
(Rs.) (Rs.)
1. Loss of future income 79200.00 105600.00
arising out of 10%
disability
2. Pain and suffering 20000.00 30000.00
3. Loss of amenities 10000.00 20000.00
4. Loss of income during laid 18000.00 24000.00
up period
5 Actual medical expenses 72948.00 73000.00
6 Future medical expenses 15000.00 15000.00
7 Conveyance 5000.00 5000.00
8 Attendant charges 5000.00 5000.00
9 Food, nourishment and 5000.00 5000.00
diet charges
Total 230148.00 282600.00
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HC-KAR
9. Hence, the claimant is entitled for enhanced
compensation of (`2,82,600/- - `2,30,148/-) `52,452/-.
10. In the result, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 28.4.2015
passed in MVC No.6905/2013 by the IX
Additional Small Causes and Additional Motor
Accident Claims Tribunal, Bengaluru (SCCH-
7), is modified to the extent stated herein. In
all other respects, the judgment and award of
the Tribunal remains unaltered.
iii) The claimant is entitled for enhanced
compensation of Rs.52,452/- with interest at
the rate of 7% p.a. from the date of petition
till its realisation in addition to the
compensation awarded by the Tribunal;
iv) Respondent No.1 - insurer shall deposit the
said compensation together with accrued
interest within a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed digitally to the
claimant;
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vi) The Registry to draw the modified award
accordingly;
vii) Records of the Tribunal be transmitted to the
Tribunal forthwith.
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
ND
