[Cites 0, Cited by 0]
Karnataka High Court
Prakash Gandhi vs Dr. Srinivasan on 7 April, 2026
-1-
NC: 2026:KHC:19193
M.F.A. No.9031/2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.9031/2019 (MV-I)
BETWEEN:
PRAKASH GANDHI
S/O LATE ANRAJ GANDHI
AGED ABOUT 67 YEARS
R/AT NO.16, OLDNO 228
Digitally signed PRASMANI GOLD CREST APARTMENT
by ARSHIFA
BAHAR KHANAM FLAT NO.401, 4TH FLOOR, 5TH MAIN
K G NAGAR, GAVIPURAM GUTTAHALLI
Location: HIGH
COURT OF BANGALORE-560019.
KARNATAKA ...APPELLANT
(BY MS. KAUSALYA, AMICUS CURIAE)
AND:
1. DR. SRINIVASAN
AGED MAJOR
NO.46, SHANKAR PARK
RANGARAO ROAD
BANGALORE 560068.
2. ICICI LOMBARD GENERAL INSURANCE
COMPANY LTD.,
9TH FLOOR, THE ESTATE BUILDING
NO.121, DICKENSON ROAD
M G ROAD, BANGALORE 560042.
...RESPONDENTS
(BY SRI. B. PRADEEP, ADV., FOR R2
V/O/DTD:07.11.2023, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.07.2018 PASSED IN MVC
NO.5318/2017 ON THE FILE OF THE X ADDITIONAL JUDGE,
-2-
NC: 2026:KHC:19193
M.F.A. No.9031/2019
HC-KAR
COURT OF SMALL CAUSES BENGALURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 29.07.2019 passed in
MVC.No.5318/2017 by the X Additional Judge, Court of
Small Causes and MACT (SCCH-16), Bengaluru, (for short,
'Tribunal').
2. This Court permitted the learned counsel
appearing on behalf of the appellant to retire from the
case and thereafter Court notice was issued to the injured-
appellant. The said notice is served. Appellant is called
out, absent and there is no representation. Hence, this
Court appoints Ms.Kausalya, learned counsel as amicus-
curiae to assist the Court on behalf of the appellant.
NC: 2026:KHC:19193
HC-KAR
3. Heard Ms.Kausalya, learned amicus-curiae for
the appellant and Sri.B.Pradeep, learned counsel for the
respondent-Insurance Company and perused the material
available on record.
4. The records indicate that the appellant met with
a road accident on 18.05.2017 and he was provided
treatment at Shekhar Hospital as in-patient, he underwent
surgery. It is averred that the injured was aged about 65
years at the time of accident and was an agriculturist
earning more than Rs.1,00,000/- per month from his
agricultural activity and stock exchange. It is to be noticed
that the Tribunal recorded the finding that the appellant
has failed to produce any acceptable evidence to assess
the income. Hence, his income was assessed at Rs.9,000/-
per month. In order to prove the claim, the appellant
examined himself as PW1 and examined Dr.B.N.Roshan
Kumar as PW2 and got marked documents as Exhibits P1
to P23. PW2 has assessed the disability of the appellant at
52% to the arm and 17.32% to the whole body. The
NC: 2026:KHC:19193
HC-KAR
perusal of the oral evidence of PW2 and Ex.P5 wound
certificate makes it clear that the appellant sustained
comminuted segments fracture shaft of right humerus with
displacement and he was inpatient for 6 days and
underwent surgery. Considering the nature of fracture
suffered and disability assessed, I am of the view that the
compensation is required to be reassessed by reassessing
the income and disability appropriately by considering the
oral and documentary evidence on record.
5. Thus, in the absence of any proof of income of
the appellant, his income is notionally re-assessed at
Rs.11,000/- per month by placing reliance on the notional
income chart prepared by KSLSA and the disability is
assessed at 15% to the whole body. The appellant was
aged about 65 years as on the date of accident, the
appropriate multiplier would be 7, which has been rightly
considered by the Tribunal. Hence, the appellant is entitled
to compensation under the head of loss of future income
due to disability as under:
NC: 2026:KHC:19193
HC-KAR
Rs.11,000 x 12 x 7 x 15% = Rs.1,38,600/-.
6. The appellant would be entitled to
compensation of Rs.45,000/- towards pain & suffering;
Rs.15,000/- towards food, nourishment, conveyance and
attendant charges; Rs.33,000/- (Rs.11,000 X 3) towards
the loss of income during laid-up period. The
compensation awarded by the Tribunal towards medical
expenses, loss of future amenities and happiness, future
medical expenses and vehicle damages is unaltered.
7. Thus, the appellant would be entitled to
modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 45,000
Food, nourishment, conveyance and 15,000
attendant charges
Loss of income during laid up period 33,000
Medical expenses 25,900
Loss of future income due to disability 1,38,600
Loss of future amenities and happiness 40,000
Future medical expenses 20,000
Vehicle damages 30,000
Total 3,47,500
NC: 2026:KHC:19193
HC-KAR
Thus, the appellant-claimant shall be entitled to a
total compensation of Rs.3,47,500/- as against
Rs.2,81,000/- awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant-claimant would be entitled to a
total compensation of Rs.3,47,500/- as
against Rs.2,81,000/- awarded by the
Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till the
date of payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
NC: 2026:KHC:19193
HC-KAR
accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.
e) The entire compensation amount shall be
released in favour of the appellant-
claimant.
f) Draw modified award accordingly.
9. This Court places on record the appreciation to
the assistance rendered by Ms.Kausalya, learned amicus-
curiae. The High Court Legal Services Committee shall
pay Rs.15,000/- as Honorarium to the learned amicus-
curiae.
10. The certified copy of this order be forwarded to
the appellant.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR/List No.: 2 Sl No.: 6
