Francis D Souza v. The Manager Iffco-Tokio General Insurance Co Ltd

((((((((((((HC-KAR, NC:(2026:KHC:43760( MFA(No.(8375(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010667222023( ( ( 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.8375(OF(2023(MV-I)(

BETWEEN:(( ( FRANCIS,DSOUZA,, S/O,DUMING,DSOUZA,,

AGED,ABOUT,57,YEARS,, RESIDING,AT,KUSHKI,, SHIRUPATHI,VILLAGE,, SANKADAHOLE,POST,,

THIRTHAHALLI,TALUK,, SHIMOGA,-,577,432., …APPELLANT, (BY,SRI.,NAIK,KRISHNA,VENKATRAMAN,,ADVOCATE),

AND:( ( Digitally

1.,signedtiby THE,MANAGER,IFFCO-TOKIO,, REKHA0R GENERAL,INSURANCE,CO.,,LTD.,, Location: NO.3,,KSCMF,BUILDING,,High0Court RD RDof0Karnataka 3 ,,FLOOR,,3 ,,BLOCK,, CUNNINGHAM,ROAD,, BENGALURU,-,560,001., (POLICY,ISSUED,BY,ITS,, SHIMOGA,BRANCH,OFFICE,, IN,POLICY,NO.1-23Q1J2GK,P400,, MM449948,DATE,OF,VALIDITY,FROM,,

09.11.2021,TO,08.11.2022., , ((((((((((((HC-KAR, NC:(2026:KHC:43760( MFA(No.(8375(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010667222023( ( (

2., SMT.,PREETHA,P.,, W/O,PRAKASH,, AGED,ABOUT,39,YEARS,, R/A,NEAR,MALNAD,CLUB,, BALEBAILU,, THIRTHAHALLI,, SHIMOGA,DISTRICT,-,577,432., …RESPONDENTS, (BY,SRI.,B.C.,SHIVANNE,GOWDA,,ADVOCATE,FOR,R1,, ,,,,,,,VIDE,ORDER,DATED,17.08.2026,NOTICE,TO,R1,IS,,, ,,,,,,,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, 1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:23.08.2023,PASSED,IN,MVC,NO.167/2022,ON,THE,FILE, OF, THE, C/C, XXIV, ADDITIONAL, SCJ,, ACMM,, MEMBER,, MACT,, BENGALURU, SCCH-23, , 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,MR.,JUSTICE,T.M.NADAF, ,

ORAL JUDGMENT

This appeal is by claimant seeking enhancement of compensation arising out of judgment and award dated

23.08.2023, in MVC.No.167/2022 passed by the XXIV Additional Small Causes Judge and Motor Accident Claims Tribunal and ACMM (SCCH-26), Bengaluru1.

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Heard Sri.Naik Krishna Venkatraman, learned counsel for the claimant and Sri.B.C.Shivanne Gowda, learned counsel for respondent No.1-Insurer. Vide order dated 17.08.2026, notice of this appeal is dispensed with in respect of respondent No.2.

¶4Sri.Naik Krishna Venkatraman, vehemently submits that the claimant has sustained fracture of right proximal humerus and left distal tibia with talus fracture.

1 "Tribunal" for short

He was an in-patient for a period of 13 days and underwent surgery for internal fixation. The Doctor who has been examined has assessed the disability of right arm at 46% and the whole body disability at 15%. He further submits that the accident is of the year 2021, however, the Tribunal has considered the income at Rs.11,500/- p.m. which is against the income fixed under the chart prepared by the Karnataka State Legal Services Authority2 for settlement of disputes before the Lok Adalath. He further submits that the compensation awarded under other heads i.e., pain and suffering, loss of amenities, income during laid-up period, conveyance, food nourishment and attendant charges are inadequately awarded and requires reconsideration.

¶5Sri.B.C.Shivanne Gowda, with all force submits that the Tribunal having considered the evidence of the doctor taking into consideration of the fact that, he was

2 "KSLSA" for short

not the treated doctor, has considered the disability at 10% and awarded appropriate compensation which does not call for any interference and accordingly sought to dismiss the appeal.

¶6Having considered the rival submissions, this Court is of the opinion that though the Doctor was not a treated doctor, the fractures suffered, the treatment taken and surgery underwent and the medical expenses incurred, the disability which is clearly stated at 46% and 15% to the whole body. Admittedly the year of accident 2021. The Tribunal has taken the monthly income at Rs.11,500/-. The monthly income fixed under the chart supra for the year 2021 is Rs.15,000/-. This is not seriously disputed by Sri.B.C.Shivanne Gowda. In that view of the matter the disability is taken at 15%. A perusal of compensation awarded under all the heads, except medical expenses, future medical expenses are inadequate and requires reassessment.

¶7Accordingly, this Court proceed to reassess the compensation awarded by the Tribunal which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future earnings 1,51,800-00 2,97,000-00 (15,000X12X11X15%)

¶2Pain and Suffering 40,000-00 60,000-00

¶3Loss of amenities 20,000-00 50,000-00

¶4Medical expenses 2,11,198-00 2,11,198-00

¶5Future medical expenses 20,000-00 20,000-00

¶6Conveyance, Food, Nourishment & Attendant Charges 13,000-00 25,000-00

¶7Loss of income during laid-up period 34,500-00 60,000-00 (15,000x4)

TOTAL 4,90,498-00 7,23,198-00

¶8The claimants are entitled for enhanced compensation of Rs.2,32,700/- (Rs.7,23,198-Rs.4,90,498) rounded off to Rs.2,33,000/- with interest at the rate 6% interest per annum from the date of petition till realization.

¶9For the foregoing reasons, this Court proceedings pass the following:

ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 23.08.2023 passed by the Tribunal in MVC.No.167/2022

is modified and enhanced to Rs.2,33,000/- 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.

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

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

(vi) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 3 ct-vn