Karnataka High Court
Sri. R Sridharan vs Hdfc Ergo General Insurance Com Ltd on 16 June, 2025
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MFA No. 3629 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3629 OF 2021(MV-I)
BETWEEN:
SRI. R SRIDHARAN
AGE ABOUT 49 YEARS
S/O LATE KOCHI KRISHNAN
R/AT NO.B/2, 119
ANAPRIYA APARTMENT
PIPE LINE ROAD, KEREGUDDADAHALLI
SOMASHETTY HALLI, CHIKKABANAVARA
BENGALURU - 560 090
...APPELLANT
(BY SRI JAYALAKSHMAMMA K B, ADVOCATE)
AND:
1. HDFC ERGO GENERAL INSURANCE COM. LTD.
HAVING ITS OFFICE AT
Digitally
signed by NO.25/1, 2ND FLOOR,
AASEEFA BUILDING NO.2,
PARVEEN SHANKARANARAYANA BUILDING
Location: M.G.ROAD, BENGALURU - 560 001
HIGH
COURT OF 2. H R DINESH
KARNATAKA S/O RAMEGOWDA
AGE ABOUT 30 YEARS
R/AT NO.28, HANUMANTHAPURA
HASSAN - 573116
...RESPONDENTS
(BY SRI D.VIJAYA KUMAR, ADVOCATE FOR R1;
V/O DTD 26.06.2023 NOTICE TO R2 IS DISPENSED WITH)
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MFA No. 3629 of 2021
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 11.11.2019
PASSED IN MVC NO.6557/2018 ON THE FILE OF THE MEMBER,
MACT, C/C XIII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BENGALURU SCCH-15, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Smt.Jayalakshmamma.K.B, learned counsel
for the appellant who appears physically before this Court.
Also heard Sri.D.Vijaya Kumar, learned counsel for
respondent No.1 who appears through video conference.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal, Bengaluru
in MVC No.6557/2018 dated 11.11.2019. This is a
claimant's appeal.
3. The case of the appellant as borne by record is
that, on 18.02.2018 while he was proceeding on a Honda
Active vehicle towards Kereguddadahalli, a Ford Ikon car
bearing registration No.KA-13-MC-5000 which was driven
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by its driver in a rash and negligent manner dashed
against his vehicle due to which he fell down and sustained
grievous injuries.
4. The Tribunal through the impugned award
granted a sum of Rs.1,49,000/- as compensation.
5. Smt.Jayalakshmamma.K.B, learned counsel for
the appellant submits that the appellant sustained fracture
of right femur which is grievous in nature. Pw.2 who
examined the appellant assessed the disability as 18% in
respect of whole body. But the Tribunal did not award any
compensation under the head loss of future earnings.
Learned counsel also states that the appellant was working
as Garment Process Executive at Jeans Knit Pvt. Ltd.,
Bengaluru and was earning Rs.25,000/- p.m. Learned
counsel thereby seeks to enhance the compensation and
grant the amount which the appellant claimed.
6. Learned counsel for respondent No.1
Sri.D.Vijaya Kumar on the other hand contends that the
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appellant continued to work with the same organization
and thus there is no loss of future earnings. Learned
counsel also states that the evidence of Pw.2 is not worthy
and truthful. Learned counsel further submits that as there
is no loss of earnings, the question of awarding
compensation under the head loss of future earnings does
not arise.
7. It is not in dispute that the appellant continued
working in the same organization in the same position
even after the accident. However, having considered the
nature of injury sustained and the disability with which the
appellant is left with, this Court is of the view that the
future endeavors of the appellant in respect of his
occupation and earnings would have been diminished on
account of disability. Therefore, this Court is of the view
that the appellant is entitled to a justifiable sum as
compensation under the head loss of future earnings.
Insofar as contributory negligence on the part of the
appellant is concerned, learned counsel for the appellant
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failed to satisfy this Court that the Tribunal went wrong in
attributing contributory negligence on the part of the
appellant.
8. Having considered the nature of injury
sustained, the disability with which the appellant is left
with, this Court is of the view that globally, the appellant
is entitled to an additional sum of Rs.1,00,000/- from
respondent No.1. The amount which the appellant will get
i.e., Rs.1,00,000/- which is being awarded in addition to
the sum that is awarded by the Tribunal will make the sum
justifiable. Therefore, the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal, Bengaluru
through orders in MVC No.6557/2018
dated 11.11.2019 is enhanced by
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Rs.1,00,000/- and the same shall be paid
by respondent No.1.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.1 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of certified
copy of this order.
(vi) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:VR
