Karnataka High Court
Sri A.K Ravindran vs Leone J on 15 September, 2025
-1-
NC: 2025:KHC:36808
MFA No. 5418 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5418 OF 2015 (MV-I)
BETWEEN:
SRI A.K RAVINDRAN
S/O LATE KUMARAN,
AGED ABOUT 52 YEARS,
R/AT NO.2, KRISHNANIVAS,
OPP-DECCAN STUDIOS,
80 FEET ROAD, INDIRA NAGAR,
Digitally signed BANGALORE-560 038.
by KIRAN
KUMAR R ...APPELLANT
Location: (BY SRI. SRIKANTH B., ADVOCATE)
HIGH COURT
OF
KARNATAKA
AND:
1. LEONE J
S/O JOHN SELVARAJ.A,
AGED ABOUT MAJOR,
R/AT NO.15, RAGAVENDRA NAGAR,
-2-
NC: 2025:KHC:36808
MFA No. 5418 of 2015
HC-KAR
KUMBAKONAM TALUK,
TANJAVUR DISTRICT-612 001.
2. THE MANAGER
THE UNITED INDIA INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE NO.42,
MUTT STREET,
1ST FLOOR,
KUMBAKONAM DISTRICT,
THANAVUR-612001.
...RESPONDENTS
(BY SRI. MANJUNATH B K., ADVOCATE FOR R1
SRI. A RAVISHANKAR, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED22.01.2015 PASSED IN MVC
NO.5409/2013 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE & MEMBER MACT, BENGALURU, 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 MRS. JUSTICE P SREE SUDHA
-3-
NC: 2025:KHC:36808
MFA No. 5418 of 2015
HC-KAR
ORAL JUDGMENT
This appeal is preferred challenging the judgment
and award dated 22.01.2015 in MVC No.5409/2013
passed by the XXII Addl. Small Causes Judge and Motor
Accident Claims Tribunal, Bengaluru ('the Tribunal' for
short).
2. The petitioner/injured claimant filed a claim
petition claiming compensation of Rs.10,00,000/-. The
Tribunal, after considering the entire evidence on record,
granted compensation of Rs.1,71,765/- with interest at
the rate of 6% p.a. from the date of petition, till deposit.
3. This appeal is preferred in which it is contended
that, the he was admitted as an inpatient for six days;
meager compensation is awarded under medical
expenses; no compensation is awarded under the head
loss of income during laid-up period and loss of future
income.
NC: 2025:KHC:36808
HC-KAR
4. Heard the arguments of learned counsels for
both sides.
5. The petitioner had sustained the following two
injuries:
i. Segmental fracture shaft vibial visual
ii. Head injury
As per Ex.P6 wound certificate, both the injuries are
grievous in nature. It was observed that, he was treated
for five days. He was working as a Salesman in private
ayurvedic i.e., Herbal Life Pvt. Ltd., and earning
Rs.40,000/- per month. PW-2 stated that, there was
malunion and severe ankle stiffness and swelling on the
right side and assessed whole body disability at 19%. It
was observed that, no evidence was produced to establish
that the petitioner has been removed from his service,
hence no amount was granted towards loss of future
income and also loss of income during laid-up period. The
petitioner has not produced any proof of income. He met
with an accident on 11.08.2013. Therefore, his notional
NC: 2025:KHC:36808
HC-KAR
income has to be taken as Rs.8,000/- per month as per
the guidelines issued by the Karnataka State Legal
Services Authority. An amount of Rs.8,000/- x 3 =
Rs.24,000/- is awarded under the head loss of income
during laid-up period.
6. Apart from this, considering the income,
disability and age of the petitioner, the compensation
under loss of future income comes to Rs.8,000/- x 12 x 11
x 6% = Rs.63,360/-. This Court finds no reason to
interfere with the amounts granted under the heads pain
and sufferings, medical expenses and loss of amenities.
In respect of amounts granted under the heads food and
nourishment and conveyance charges, Rs.30,000/- is
awarded.
7. So, total compensation awarded by this Court is
as under:
NC: 2025:KHC:36808
HC-KAR
Particulars Amount
Rs.
Medical expenses 1,12,765
Pain and sufferings 25,000
Loss of income during laid-up period 24,000
Loss of amenities 25,000
Food, nourishment and conveyance charges 30,000
Loss of future income 63,360
Total 2,80,125
Hence, the appellant/petitioner is entitled to a total
compensation of Rs.2,80,125/- along with interest at the
rate of 6% p.a.
8. In the result, the following order is passed:
ORDER
i. Appeal is allowed-in-part;
ii. The judgment and award dated
22.01.2015 passed in MVC No.5409/2013
by the Tribunal is modified;
iii. The appellant/petitioner is entitled to a
total compensation of Rs.2,80,125/-
along with interest at the rate of 6% p.a.
NC: 2025:KHC:36808
HC-KAR
from the date of petition till the date of
realization;
iv. Respondent No.2-Insurnace Company is
directed to deposit the amount within one
month from the date of this order;
v. On such deposit, the petitioner is permitted
to withdraw the entire amount along with
interest accrued on the same.
Sd/-
(P SREE SUDHA)
JUDGE
PA
