Karnataka High Court
Ramachandraiah C N vs Icici Lombard General Insurance Co Ltd on 25 September, 2025
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NC: 2025:KHC:38941
MFA No. 8306 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 8306/2017 (MV-I)
BETWEEN:
RAMACHANDRAIAH C N,
S/O. LATE. C R NARAYANA SASTRY,
AGED ABOUT 60 YEARS,
R/AT NO. W-35, 'B' MAIN,
4TH CROSS, BASAPPA GARDEN,
PIPELINE, MALLESHWARAM,
BANGALORE-560 003.
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)
AND:
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
PRESTIDE CORNICHE,
NO. 62/1, 2ND FLOOR,
RICHMOND ROAD,
BENGALURU 25.
Digitally signed
by
PADMASHREE POLICY ISSUED BY ITS OFFICE AT NO. 414,
SHEKHAR DESAI VEER SAVARKAR MARG, NEAR SIDDI VINAYAK
Location: High TEMPLE PRABHADEVI, MUMBAI-400 025.
Court Of IN POLICY NO. 3003/A/93936915/00/000
Karnatka DATE OF VALIDITY FROM 19.09.2014 TO
18.09.2015. BBMP GARBAGE LORRY
BEARING NO. KA.53.B.1179
2. MR. SHANKAR REDDY B R.,
S/O. RAMAIAH REDDY,
MAJOR,
R/AT BALAGERE VILLAGE,
BELANDUR POST, BALAGERE,
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NC: 2025:KHC:38941
MFA No. 8306 of 2017
HC-KAR
BENGALURU-560 103.
...RESPONDENTS
(BY SRI. PRADEEP B.,ADVOCATE FOR R1,
V/O DATED 24.08.2022 NOTICE TO R2 IS D/W)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:25.03.2017 PASSED IN MVC
NO.5106/2015 ON THE FILE OF THE 22ND ADDITIONAL SMALL
CAUSES JUDGE & 20TH 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 25.03.2017 passed in MVC No.5106/2015 by XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru, for enhancing the compensation.
2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. Notice to respondent No.2 is dispensed with. -3-
NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR
3. The injured claimant filed claim application claiming compensation of Rs.75,00,000/- the tribunal considering the entire evidence on record granted Rs.20,73,000/- with interest at the rate of 8% p.a., from date of petition till realization.
4. Aggrieved by the said order, this appeal is preferred, in which it is contended that the petitioner was inpatient for more than 27 days. He sustained fracture of both bones of left leg, crush injury to left leg and it resulted in amputation above knee and also underwent surgery. The amount granted under the head loss of amenities and the doctor assessed disability as 85% functional disability. Also the amount granted under other heads are inadequate. Learned counsel submits that the petitioner was aged 58 years and working as Field Executive and earning Rs.15,000/- per month, but after the accident he left the job. Therefore, requested for enhancement of the compensation. -4-
NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR
5. In order to prove the case of the petitioner, he examined PW2/Doctor and got marked his Employment certificate under Ex.P11, Salary certificate under Ex.P12 and also Relieving letter under Ex.P13. The tribunal observed that though he filed other documents he has not examined the employer to show whether he was continuing his work or not. On perusal of the relieving letter it shows that he himself resigned, but he was not removed from service. Therefore, the functional disability of 100% cannot be taken. The disability assessed by doctor, at the rate of 85% was rightly taken by the tribunal and it needs no interference. Though he filed salary certificate, he has not examined the employer, therefore, considering the fact that he met with an accident on 03.09.2015, this court finds it reasonable to take his notional income as Rs.9,000/- per month as per the guidelines of the Karnataka State Legal Services Authority. As he was aged 58 years, the multiplier is to be taken as 9. Further as he is aged 58 years, he is entitled -5- NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR for 10% future prospect as held by Hon'ble Supreme Court in case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC
680.
6. Therefore, loss of future income is calculated as Rs.9900 X 9 X 12 X 85% = 9,08,820/-. The amount granted towards prosthesis and future medical expenses is not disputed and is confirmed. Considering the nature of injuries sustained and period of hospitalization, loss of income during the treatment period is to be granted at the rate of Rs.9,000 x 6 = Rs.54,000/-. As it is the case of amputation, this court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering and Rs.1,00,000/- is already granted for loss of amenities. Towards food and nourishment, conveyance granted is Rs.60,000/- holds good. As the estimation is given for Rs.4,50,000/- towards amputation, this court finds it -6- NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR reasonable to enhance Prosthesis and Future Medical Expenses to Rs.4,50,000/-.
7. Thus in all, components awarded by this court are as below, Particulars Amount in Rs.
Loss of Future income 9,08,820
Pain and suffering 1,00,000
Medical expenses 7,80,522
Food and nourishment 60,000
expenses, conveyance
and attendant charges
Towards Prosthesis and 4,50,000
future medical expenses
Loss of income during 54,000
treatment period
Loss of amenities of life 1,00,000
Total 24,53,342
Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.24,53,342/- along with interest at the rate of 8% p.a. -7- NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR
8. In the result, the following order is passed:
ORDER i. Appeal is allowed in part.
ii. The judgment and award dated 25.03.2017 passed in MVC No.5106/2015 by XXII Additional Small causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru, is modified;
iii. The claimant is entitled to a sum of Rs.24,53,342/- along with interest at 8% p.a., from the date of petition till the date of realization, instead of Rs.20,73,000/- granted by the tribunal.
iv. Respondent No.1 is directed to deposit the amount within one month from the date of this order;
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NC: 2025:KHC:38941 MFA No. 8306 of 2017 HC-KAR v. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest accrued on the same.
Sd/-
(P SREE SUDHA) JUDGE AKV_List No.: 1 Sl No.: 15