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2025 Supreme(Online)(Kar) 10382
KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
Claimant – Appellant
Versus
Insurance Company – Respondent
MVC No.529/2007
For the Appellant: Not mentioned
For the Respondents: Not mentioned
Important Points
Subject
Motor Vehicle Accident - Compensation Claims
Act Referred
Headnote
(B) Medical evidence established 100% disability and need for assistance in daily activities, justifying the enhancement. (Paras 7, 11)
Facts of the case:
The claimant suffered severe injuries in an accident, resulting in significant physical and mental disability.
Findings of Court:
The Tribunal's compensation was deemed inadequate given the extent of injuries and loss of future earning capacity.
Issues: The court addressed the adequacy of compensation for severe injuries and future loss of income.
Ratio Decidendi: The court held that the compensation must reflect the severity of injuries and future prospects of the claimant.
Result: Appeal allowed in part, compensation enhanced.
| Table of Content |
|---|
| 1. the appeal seeks compensation enhancement for grievous injuries. (Para 1 , 2 , 3) |
| 2. medical evidence supports the claim of severe injuries and disability. (Para 4 , 5 , 6 , 7) |
| 3. compensation must account for future earnings and medical expenses. (Para 8 , 9 , 10 , 11) |
| 4. court modifies compensation based on severity of injuries. (Para 12 , 13) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the claimant/appellant challenging the judgment and award dated 18.11.2011, passed by the Court of Principal District and Sessions Judge Cum MACT, Dharwad, in MVC No.529/2007, seeking enhancement of compensation.
2. Heard the arguments and perused the material placed before the Court.
3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.
4. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries.
“Cut lacerated wound on the right ankle, Communited fracture of mid shaft of right calconium and swelling over the middle 1/3rd of left thigh with deformity.”
5. The Tribunal has awarded compensation under various heads as under:
6. In the accident, the claimant has suffered grievous injuries. The Tribunal has observed in evidence that the claimant was brought before the Court by two persons by physically lifting him. The Court has observed that the claimant was not in a position to speak and he did not respond to any questions of the Court. He has become a mentally retarded person. The claimant is not able to do his normal work like taking food, bathing and answering the nature call and he always requires the assistance of somebody. Hence, considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award.
7. The doctor has stated that the claimant had suffered 100% physical disability to the whole body. Therefore, considering the evidence of the doctor, 100% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., cut lacerated wound on the right ankle, Communited fracture of mid shaft of right calconium and swelling over the middle 1/3rd of left thigh with deformity.”
8. Accordingly as per the age group mentioned in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, and as per the Division Bench judgment of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016 C/w. MFA Nos.103835/2016 & 103807/2018 and as per the judgment of the Hon’ble Supreme Court in the case of Sidram vs. Divisional Manager, United India Insurance Company Limited and another reported in (2023) 3 SCC 439 , even in the case of injuries, certain income is to be added towards loss of future prospects in life. Therefore, in view of the decision in Pranay Sethi (supra), the claimant is entitled for 40% of income to be added towards loss of future prospects.
9. Considering the injuries sustained, a compensation of Rs.1,00,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses is on the lower side. Hence, the compensation of Rs.7,24,000/- is awarded towards medical expenses. Further, Rs.75,000/- towards incidental expenses like food, nourishment, diet, attendant charges and conveyance charges etc., and Rs.15,000/- towards future medical expenses, is awarded.
10. The accident is caused in the year 2007. Therefore, notional income of Rs.4000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years old at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed as Rs.12,09,600/- (Rs.4,000/- + 40% x 1
