Sri Shivamurthy @ Murthy C v. Icici Lombard General Insuerance Company Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 846 OF 2026 (MV-I) BETWEEN:

SRI SHIVAMURTHY @ MURTHY C S/O GIRIMALLAPPA NOW AGED ABOUT 55 YEARS, NO.54 KANAKAPURA MAIN ROAD, NEAR GOVT. SCHOOL O .B CHUDANAHALLI BENGALURU-560 082. …APPELLANT

(BY SRI. GIRI MALLAIAH, ADVOCATE)

AND:

¶1ICICI LOMBARD GENERAL INSUERANCE COMPANY LTD NO.121, "THE ESTATE" 9TH FLOOR, DICKENSON ROAD M .G ROAD BENGALURU-560 042 BY ITS MANAGER.

¶2MR SHREY CHAUDHARY S/O NEERAJ KUMAR CHAUDHARY MAJOR (AGED OF RESPONDENT NO.2 NOT KNOWN TO APPELLANT) NO.D-750, GALI NO.4 ASHOK NAGAR,

Location: HIGH COURT OF KARNATAKA

NAND NAGRI EAST DELHI SHYAM VIHAR PHASE-1 MURADNAGAR NEW DELHI-110 093. …RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI P S JAGADISH, ADVOCATE FOR R1 V/O DTD. 4.2.2026, NOTICE TO R2 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED.03.11.2025 PASSED IN MVC NO. 2456/2024 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-24 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 SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 03.11.2025 passed in MVC No.2456/2024 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-24).

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of

learned counsel for appellant and learned counsel for respondent No1/insurer.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 28.01.2024 contending that the accident occurred due to rash and negligent driving of the driver of Tata Tiago Car bearing Regn.No.DL-06-CR-6852. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Towards pain and suffering 75,000/-

¶02Medical expenses 15,952/-

¶03Towards loss of income during laid up period 49,500/-

¶04Towards conveyance, attendant charges and nourishing food etc 20,000/-

¶05Future loss of income 2,17,800/-

¶06Future medical expenses 10,000/-

Total 3,88,252/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed

respondent No.1/insurer to deposit the award amount with interest.

The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent No.1/insurer.

¶6Learned counsel for appellant would contend that the claimant has sustained Open type 2 left both bone leg fracture. PW.3-Doctor who examined the claimant has assessed his disability at 42% of lower limb and 14% to the whole body and the Tribunal erred in taking the disability at 10%. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- p.m. and the same is to be taken as against Rs.16,500/- taken by the Tribunal. The Tribunal has rightly applied multiplier '11'. Considering the injuries sustained the compensation awarded towards pain and suffering is on lower side. The Tribunal has not awarded loss of amenities. The Doctor

has stated that the claimant has to undergo surgery for removal of implant and for that he has to spend Rs.25,000/- and the Tribunal has awarded Rs.10,000/- towards future medical expenses. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.1/insurer would contend that considering the evidence of PW.3-Doctor, the Tribunal has rightly taken the disability at 10% and the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With this he prayed to dismiss the appeal.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred on 28.01.2024 and as on the date of accident the claimant was aged 54 years. The Tribunal has taken the notional income at Rs.16,500/-. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year

2024 is Rs.17,000/- and the same is to be taken as against Rs.16,500/- taken by the Tribunal.

¶10PW.3 is the Doctor who has examined the claimant and assessed his disability at 42% to the left lower limb and 14% to the whole body. Considering the said evidence of Doctor, the disability to the whole body is to be taken at 14% as against 10% taken by the Tribunal. The Tribunal has rightly applied multiplier '11' considering the age of the claimant as 54 years. In view of the above, the loss of future income is calculated as under: Rs.17,000 x 12 x 11 x 14% = Rs.3,14,160/-

¶11The claimant has sustained open type 2 left both bone leg fracture and considering the same the compensation awarded towards pain and suffering is just and proper. The Tribunal has not awarded compensation towards loss of amenities. The claimant is entitled to loss of amenities in a sum of Rs.30,000/-. The Tribunal has awarded loss of income during laid up period for three

months. As now the income taken is Rs.17,000/- the claimant is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000 x 3 months). The compensation awarded by the Tribunal towards medical expenses and attendant and conveyance charges is just and proper. PW.3-Doctor has stated that the claimant has to undergo surgery for removal of implants and estimated the cost at Rs.25,000/-. Therefore, the compensation awarded towards future medical expenses in a sum of Rs.10,000/- requires to be enhanced to Rs.25,000/-.

¶12In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income 3,14,160/-

¶02Pain and suffering 75,000/-

¶03Loss of amenities 30,000/-

¶04Medical expenses 15,952/-

¶05Loss of income during laid up period 51,000/-

¶06Attendant and conveyance charges 20,000/-

¶07Future medical expenses 25,000/-

Total 5,31,112/-

¶13Considering the above aspects, the claimant is entitled to total compensation of Rs.5,31,112/- as against Rs.3,88,252/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,42,860/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/insurer is liable to pay the said enhanced compensation with interest.

¶14In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,42,860/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.1/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) Appellant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 2 Sl No.: 47 Ct.sm