Smt. Indu Subbaiah, v. Smt. Rama. H.,

JUDGMENT AND AWARD DATED:06.03.2023 PASSED IN MVC NO.2445/2020 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, 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 MR. JUSTICE T.M.NADAF

ORAL JUDGMENT Sri.Ravi S.Samprathi, learned counsel for respondent No.2-Insurer seeks two weeks time to file Vakalath. The same is accepted.

¶2This appeal is by claimant seeking enhancement of compensation arising out of common judgment and award dated 06.03.2023, in MVC.No.2444/2020 c/w MVC.No.2445/2020 passed by the IX Additional Small

Causes Judge, Court of Small Causes, Member and Motor Accident Claims Tribunal, Bengaluru (SCCH-7)1.

¶3The parties are referred to as per their ranking before the Tribunal.

¶4Heard Sri.D.Nagaraja Reddy, learned counsel for the claimant and Sri.Ravi S.Samprathi, learned counsel for respondent No.2-Insurer. Vide order dated 29.06.2026, notice of this appeal is dispensed with in respect of respondent No.1.

¶5Sri.D.Nagaraja Reddy, argued this matter only on two points: (1) The Doctor who has been examined as PW-4, stated that the injuries suffered i.e., right proximal humerus 3 part fracture with left leg both bones middle one third comminuted fracture resulted in particular limb disability i.e., upper limb at the rate of 49% and lower limb at 42% and total together would comes to 91%. Though the Doctor has stated 23% to the whole body, the

1 "Tribunal" for short

same ought to have been considered at 30%, being 1/3rd of both the limb disability. (2) He further submitted that if this Court considers 30% disability, she would be entitled for adding of future prospectus. She was working as a Beautician and earning Rs.25,000/- p.m, however, he fairly concedes that in view of non production of documents, the Tribunal has considered the income fixed under the chart prepared by the Karnataka State Legal Services Authority at 14,500/- p.m.

¶6Learned counsel further submits that compensation awarded under other heads are inadequate when compared to injury sustained, disability resulted, medical treatment taken and expenses incurred. In that view of the matter, the compensation requires re-assessment and sought to allow the appeal.

¶7Sri.Ravi S.Samprathi, with all vehemence submits that the Tribunal having considered the entire material on record awarded proper compensation under all

the heads, but fairly submits that the Tribunal ought to have considered whole body disability at 23% as stated by the Doctor, however, the Tribunal has considered 18%, and submitted only to that extent, the compensation may be reconsidered.

¶8Having considered the rival submissions, this Court perused the entire appeal paper as well as the certified copy of the evidence of PW-4 Doctor produced by the learned counsel for the appellant/claimant and the same is not seriously disputed by the other side.

¶9The Doctor in his evidence clearly stated the disability has resulted to the extent of 42% to the right lower limb and 49% at the upper limb. In all it comes to 91%, however, Doctor has assessed 23% to the whole body. This Court as well as High Courts across the Country and the Hon'ble Supreme Court consistently considered 1/3rd of the limb disability as whole body disability. This Court is of the opinion that 1/3rd of limb disability comes

to 30% to the whole body. In that eventuality, the claimant is also entitled for adding future prospectus, in view of settled position of law by the Hon'ble Supreme Court.

¶10A perusal of the award in all other heads, except medical expenses and future medical expenses are inadequate. In that view of the matter this Court proceeds to re-assess the compensation. Further, it is noticed by this Court that, Tribunal has ordered pay and recovery, the same is maintained.

¶11Accordingly, the compensation awarded by the Tribunal is reconsidered and re-assessed, which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Towards loss of future income 2,81,880-00 5,16,780-00 (14,500+10%x12x9x30%)

¶2Towards pain and sufferings 75,000-00 1,00,000-00

¶3Towards medicine and hospital bill 89,263-00 89,263-00

¶4Towards loss of earning during rest period and attendant charges 40,000-00 58,000-00 (14,500x4)

¶5Towards loss of amenities 40,000-00 80,000-00

¶6Towards future medical expenses 20,000-00 20,000-00

TOTAL 5,46,143-00 8,64,043-00

¶12The claimant is entitled for enhanced compensation of Rs.3,17,900/- (Rs.8,64,043 – Rs.5,46,143) rounded off to Rs.3,18,000/- with interest at the rate 6% interest per annum from the date of petition till realization.

¶13For the foregoing reasons, this Court proceedings pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 06.03.2023 passed by the Tribunal in MVC.No.2444/2020c/w MVC.No.2445/2020 is modified and enhanced to Rs.3,18,000/- with interest at the rate of

6% per annum from the date of petition till realization.

(iii) Respondent No.2-Insurer shall deposit the entire enhanced compensation along with accrued interest stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal, with liberty to recover the same from the insured.

(iv) Upon deposit entire amount shall be released in favour of the claimant on proper identification.

(v) The Registry is directed to send back the trial Court record, received if any, to the concerned Tribunal, immediately without causing delay.

(vi) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 12 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:43754( MFA(No.(3764(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010278652023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(17 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.3764(OF(2023(MV-I)( BETWEEN:(( ( SMT.,INDU,SUBBAIAH,, AGED,ABOUT,53,YEARS,, W/O,K.G.,SUBBIAH,, R/A,NO.,24,,B,MAIN,ROAD,, TH 5 ,,CROSS,,MEEMAKSHI,LAYOUT,, SIDEDAHALLI,, BENGALURU,-,560,073., …APPELLANT, (BY,SRI.,NAGARAJA,REDDY,D.,,ADVOCATE), AND:( ( 1., SMT.,RAMA.,H.,, MAJOR,, W/O,CHANDRA,MURTHY,, NO.,101-8,,PRASHANTHA,NAGAR,, Digitally signedtiby T.,DASARAHALLI,PEENYA,, REKHA0R BENGALURU,-,560,057., Location: , High0Court of0Karnataka 2., LIBERTY,GENERAL,INSURANCE,, COMPANY,LTD.,, STNO.1,,ALYASSA,,1 ,,FLOOR,,, REAR,PORTION,,OLD,NO.,28,,, NEW,NO.23,,RICHMOND,ROAD,, RICHMOND,TOWN,,, BENGALURU,-,560,025., REP,BY,ITS,MANAGER, …RESPONDENTS, (BY,SRI.,RAVI,S,SAMPRATHI,,ADVOCATE,FOR,R2,, ,,,,,,VIDE,ORDER,DATED,29.06.2026,NOTICE,TO,R1, ,,,,,,IS,DISPENSED,WITH), THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, AGAINST THE