The New India Assurance Co. Ltd v. Sri Omprakash C P @ Prakash

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2211 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.4128 OF 2021(MV-I) IN MFA No. 2211/2021 BETWEEN:

SRI OMPRAKASH C.P @ PRAKASH S/O SRI PRABHU AGE ABOUT 36 YEARS PRO. OM SAI RAM BAKERY / CONDIMENTS R/O KALIDASA NAGARA CHIKMAGALURU …APPELLANT (BY SRI. VINOD GOWDA, ADVOCATE) AND:

¶1SRI AKSHAY KUMAR S/O SRI SURESHA AGED ABOUT 29 YEARS R/O GOWRIKALUVE CHIKKAMAGALURU CITY - 577 101

¶2THE MANAGER NEW INDIA ASSURANCE CO.,LTD., by PANKAJA S Location: HIGH COURT OF KARNATAKA e -e2e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:43962 MFA(No.(2211(of(2021 C/W(MFA(No.(4128(of(2021 CNR:(KAHC010177022021 BRANCH,OFFICE, PANDURANGA,COMPLEX, K.T.,STREET,,, CHIKKAMAGALURU, …RESPONDENTS, (BY,SRI.,NAIK,KRISHNA,VENKATRAMAN,,ADVOCATE,FOR,R1,, ,,,,,,SRI.,C.R.,RAVISHANKAR,,ADVOCATE,FOR,R2), , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT,AND,AWARD,DATED,30.01.2021,,PASSED,IN,MVC, NO.504/2019,,ON,THE,FILE,OF,,II,ADDITIONAL,SENIOR,CIVIL, JUDGE,AND,MACT,,CHIKKAMAGALURU,,PARTLY,ALLOWING,THE, CLAIM, PETITION, FOR, COMPENSATION, SEEKING, ENHANCEMENT,OF,COMPENSATION., IN(MFA(NO.(4128/2021 BETWEEN: , THE,NEW,INDIA,ASSURANCE,CO.,,LTD.,, BRANCH,OFFICE,,PANDURANGA,COMPLEX, K.T,STREET,,CHIKMAGALUR, REPRESENTED,BY, THE,NEW,INDIA,ASSURANCE,CO,LTD, MOTOR,THIRD,PARTY,CLAIMS,HUB, NDNO.9,,2 ,FLOOR,,, MAHALAKSHMI,CHAMBERS, M.G,ROAD,,BANGALORE-560,001, REPRESENTED,BY,DEPUTY,MANAGER, ...APPELLANT (BY,SRI.,RAVISHANKAR,C.R,,ADVOCATE), AND: e -e3e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:43962 MFA(No.(2211(of(2021 C/W(MFA(No.(4128(of(2021 CNR:(KAHC010177022021

1., SRI,OMPRAKASH,C,P,@,PRAKASH, AGED,ABOUT,36,YEARS, S/O,SRI,PRABHU, PROP.,OM,SAI,RAM,BAKERY/CONDIMENTS, PERMANENTLY,R/AT, KALIDASA,NAGAR,,, CHIKKMAGALUR,CITY, RDPRESENTLY,R/AT,NO.5.,3 ,FLOOR, ND TH22 ,'A',MAIN,ROAD,,18 ,CROSS, THJ.P,NAGAR,,5 ,PHASE, BANGALORE,-560,078,

2., SRI,AKSHAY,KUMAR, AGED,ABOUT,31,YEARS,, S/O,SRI,SURESHA, NEWSPAPER,AGENT, R/AT,GOWRIKALUVE, CHIKMAGALURU,CITY, ...RESPONDENTS (BY,SRI.,VINOD,GOWDA,,ADVOCATE,FOR,R1,, ,,,,,,SRI.,K.V.,NAIK,,ADVOCATE,FOR,R2), ,,,,,,,THIS,MFA,IS,FILED,U/S.173(1),OF,MV,ACT,,AGAINST, THE, JUDGMENT, AND, AWARD, DT.30.01.2021, PASSED, IN, MVC, NO.504/2019, ON, THE, FILE, OF, THE, II, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, MACT,, CHIKKAMAGALURU,, AWARDING, COMPENSATION, OF, RS.12,19,330/-, WITH, INTEREST, AT, 8, PERCENT, P.A., FROM, THE, DATE, OF, PETITION,TILL,THE,DATE,OF,PAYMENT., , THESE, APPEALS,, COMING, ON, FOR, ADMISSION,, THIS, DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT

¶1These two appeals are arise out of judgment and award dated 30.01.2021 passed in MVC No.504/2019 by the II Additional Senior Civil Judge and MACT, Chikkamagaluru (for brevity, 'the Tribunal'), whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded a compensation of the Rs.12,19,330/- along with 8% interest. M.F.A.No.2211/2021 is preferred by the claimant and M.F.A.No.4128/2022 is preferred by the insurance company.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)

¶1Towards pain and sufferings 30,000

¶2Towards conveyance charges 15,000

¶3Towards food, nourishment and attendant charges 6,000

¶4Towards loss of future earning on account of permanent disability 10,88,830

¶5Towards amenities 40,000

¶6Towards injuries 30,000

¶7Towards medical expenses 1,000

¶8Loss of income during laid up period 8,500 Total 12,19,330

¶4The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 13% to the whole body.

¶5I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from tenderness and inability to move the right lower limb, old fracture surgery at right lower limb, subtriochantric fracture at right femur.

¶6Since the Doctor has assessed the disability of permanent and physical impairment at 38%, considering the nature and injuries suffered by the claimant, the disability assessed by the Doctor and the claimant cannot walk without the help of a

walking stick, I deem it just and appropriate to reassess the disability at 15% instead of 13% as assessed by the Tribunal. Accordingly, the disability suffered by the claimant would be at 15%.

¶7As far as the income of the injured is concerned, the Tribunal has taken the monthly income of the injured at Rs.43,623/- by placing the reliance on Exs.P15 to P17. On careful examination of the profit and loss auditing report and balance sheet for the years 2017-18 and 2018-19 and income tax return acknowledgement for the assessment year 2019 - 2020. The net income of the claimant are that for the year 2017-2018 is Rs.3,91,686/-, for the year 2018-19 Rs.5,23,482/- and for the year 2019-20 Rs.3,23,480/-. Thus, the average income of the petitioner could be calculated at Rs.4,12,882/- per year which is divided by 12 i.e., Rs.34,406/- monthly income. The same is taken for consideration the income.

¶8As the claimant was aged 34 years, the Tribunal has rightly applied a multiplier of '15'. Consequently, the claimant would be entitled to a sum of Rs.9,90,892/- (34,406 x 12 x

16 x 15%) towards 'loss of future income' as against sum of Rs.10,88,830/- awarded by the Tribunal.

¶9Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.1,03,218/- (34,406 X 3 months) towards 'loss of income during the laid up period' as against sum of Rs.8,500/- awarded by the Tribunal.

¶10Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal.

¶11The sum awarded as medical expenses at Rs.1,000/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶12The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

¶13Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.)

¶1Towards pain and sufferings 30,000 50,000

¶2Towards conveyance charges 15,000 15,000

¶3Towards food, nourishment and attendant charges 6,000 6,000

¶4Towards loss of future earning on account of permanent disability 10,88,830 9,90,892

¶5Towards amenities 40,000 40,000

¶6Towards medical expenses 1,000 1,000

¶7Loss of income during laid up period 8,500 1,03,218 Total 12,19,330 12,06,110

¶14Thus, the claimant is held entitled to the total compensation of Rs.12,06,110/- as against Rs.12,19,330/-. However, in view of the judgment of the Division Bench of this Court in the case of Ms. Joyeeta Bose and others vs. Venkateshan V., and others in M.F.A.No.5896/2018, the

Tribunal ought to have awarded the 6% interest instead of 8%. Accordingly, the interest awarded by the Tribunal is modified and the claimants are entitled for 6% interest for the compensation amount.

¶15The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment.

¶16The apportionment of compensation amount shall be in terms of the award of the Tribunal.

¶17The both the appeals are accordingly disposed of. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 7