Karnataka High Court
Sanish Mathew vs Reliance General Insurance Co Ltd on 12 September, 2025
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MFA No. 4320 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.4320 OF 2024(MV-I)
BETWEEN:
SANISH MATHEW,
S/O. MATHEW JOSEPH,
AGED ABOUT 24 YEARS,
R/AT NELLUVELIL,
CHUNDAKKAUNNU P. O.,
CHEMPERI, NEDIYANGA,
KANNUR DIST, KERALA - 670 632.
...APPELLANT
Digitally signed by (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)
AASEEFA PARVEEN
Location: HIGH AND:
COURT OF
KARNATAKA
1. RELIANCE GENERAL INSURANCE CO. LTD.,
NO. 28, SOUTHERN PORTION EAST WING,
5TH FLOOR CENTENARY BUILDING,
M. G. ROAD, BENGALURU - 01.
BY ITS MANAGER.
2. MR. MANJUNATH YALLAPPA TALAWAR,
S/O YALLAPPA TALAWAR, MAJOR,
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MFA No. 4320 of 2024
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R/AT NO. S 6, 10TH CROSS,
7TH MAIN, JAYANAGAR,
3RD PHASE, J P NAGAR,
BENGALURU - 560 078.
...RESPONDENTS
(BY SRI. B. C. SHIVANNE GOWDA, ADVOCATE FOR R1;
R2- V/C/O DATED 12.09.2025, NOTICE IS DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.29.01.2024 PASSED IN
MVC NO.4399/2020 ON THE FILE OF THE CHIEF JUDGE, COURT
OF SMALL CAUSES AND MEMBER, PRL. MACT, MEMBER,
BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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MFA No. 4320 of 2024
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ORAL JUDGMENT
Heard Sri.Shripad V Shastri, who appears through video
conference and Sri.B.C.Shivanne Gowda, learned counsel for
respondent No.1, who appears physically before this Court.
2. At request of both the learned counsel the matter is
taken up for final hearing and disposal.
3. Dissatisfied with the sum that is awarded as
compensation by the Principal Motor Accident Claims Tribunal,
Bengaluru through orders in MVC No.4399/2020 dated
29.01.2024 the present appeal is filed by the claimant therein.
4. Arguing on merits of the matter Sri.Shripad V.
Shastri, learned counsel for the appellant submits that the
appellant at the age of 22 years met with a road traffic accident
and became permanently and completely disabled. Learned
counsel contends that the appellant sustained grievous injuries
in a road traffic accident and he was bed ridden for a period of
six months. The appellant could not earn anything during the
said period. However, the Tribunal did not award any
compensation towards loss of earnings during laid up period.
Learned counsel further contends that the appellant by
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producing the evidence of PW2 established in clear terms that
he was left with permanent physical disability in respect of right
lower limb to an extent of 40% and 20% in respect of whole
body. But the Tribunal did not award any compensation
towards loss of future earnings. Learned counsel thereby seeks
for enhancement in compensation.
5. On the other hand Sri.B.C.Shivanne Gowda, learned
counsel for respondent No.1 submits that the income of the
appellant increased subsequent to the date of accident and the
said fact was clearly brought on record and therefore the
Tribunal is right in declining to award any compensation
towards loss of future earnings. Learned counsel also contends
that the appellant failed to produce any evidence to show that
he could not attend his duties for a period of six months.
Learned counsel ultimately contends that the compensation
that is awarded by the Tribunal is justifiable.
6. By all the evidence produced, the appellant
succeeded in establishing that he sustained an abrasion over
right side of face, an abrasion over right elbow joint, a
lacerated wound over right upper lip subcutaneous tissue deep,
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fracture of right femur and compound fracture of first right
metatarsal bone. The appellant also established that he took
treatment as inpatient from 16.08.2020 to 19.08.2020 and
during the period of treatment as inpatient he underwent a
surgery also. The appellant, also succeeded in establishing that
for the treatment he spent a sum of Rs.1,60,000/-. Sufficient
material is on record to show that the appellant was earning a
sum of Rs.14,637/- per month and he was also getting
allowances. The appellant, as per the material brought on
record received salary for a period of 15 days, during which
period he could not attend his duties. The appellant as per the
evidence produced was working as Trainee Service Engineer at
Silver Track Pvt. Ltd. Having considered the nature of injuries
sustained and the surgery conducted, this Court is of the view
that the appellant would not have attended his normal pursuits
atleast for a period of four months. The Tribunal did not award
any compensation towards loss of income during such laid up
period except for a period of 15 days.
7. As rightly contended by learned counsel for
respondent No.1, so far as future earnings are concerned, the
appellant who examined himself as PW1 in the cross
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examination stated that he is still continuing to work in Silver
Track Pvt. Ltd., Bengaluru and that he is drawing salary of
Rs.30,000/- per month. Therefore, the Tribunal is justified in
not awarding any compensation towards loss of future
earnings. However, the fact remains is that the appellant
continues his job with disability of 20% in respect of whole
body. Therefore, the probability of extending desired services
at his work place will be diminished to certain extent and such
deficiency will effect his future prospects in getting promoted to
higher cadre. Therefore, the appellant is certainly entitled to
some compensation towards loss of future prospects in
extending services at his work place. The accident occurred in
the year 2020. The Tribunal awarded a sum of Rs.1,90,000/- in
total under the head medical expenses, conveyance,
nourishment and attendant charges. The medical expenses to
the extent proved by the appellant itself is Rs.1,60,000/-.
Therefore, the sum awarded towards conveyance, nourishment
and attendant charges i.e. Rs.30,000/- requires marginal
enhancement. Having considered all these aspects, this Court is
of the view that a sum of Rs.1,75,000/- is required to be
awarded in addition to the sum that is awarded by the Tribunal,
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so that the compensation which the appellant would receive
would be 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 Principal
Motor Accident Claims Tribunal, Bengaluru, through orders in
MVC No.4399/2020 dated 29.01.2024 is enhanced by
Rs.1,75,000/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum 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 eight weeks from the date of receipt of
certified copy of this judgment.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
