MFA/175/2026 of SRI. R. RENUKA Vs M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD., on 7 October 2026

ORAL JUDGMENT

This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 04.09.2024 passed in MVC No.4541/2020 by the Chief Judge, Court of Small Causes and Member Principal MACT, Bengaluru.

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

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learned counsel for appellant and learned counsel for respondent.

3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 30.08.2020 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing registration No. KA-02/HH-2612. 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.)

01. Pain and suffering 60,000/-

02. Loss of amenities 40,000/-

03. Medical Expenses 1,16,200/-

04. Attendant, conveyance charges, food and nourishment etc,. 10,000/- Total 2,36,200/-

4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization

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and directed respondent No.1 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

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

6. The accident occurred on 30.08.2020 and as on the date of accident the claimant was aged 42 years. The occupation of the claimant is stated to be driver in BMTC.

7. The claimant has sustained the following injuries: i) Fracture of left clavicle, left tentrorial and posterior falcine subdural haemorrahage ii) Fracture of left zygomatic arch iii) Fracture of walls of the left maxillary sinus iv) Fracture of squamous temporal bone on left side

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v) Fracture of lateral wall of the left superior orbital fissure vi) Fracture of left maxillary haemosinus vii) Fractures of left side multiple (2,3,4) ribs and other injuries.

Considering said injuries sustained by the claimant, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- is enhanced to Rs.1,40,000/- and loss of amenities awarded in a sum of Rs.40,000/- is enhanced to Rs.1,00,000/-.

8. The Tribunal based on documents has awarded medical expenses of Rs.1,16,200/-. The claimant has been admitted in the hospital for 22 days. Considering the same, the claimant is entitled to attendant, conveyance charges, food and nourishment etc., in a sum of Rs.22,000/- (Rs.1,000/- x22days) as against Rs.20,000/- as awarded by the Tribunal. Considering the injuries sustained, the claimant has to take rest at least for 01

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month and therefore, he is entitled to loss of income during laid up period in a sum of Rs.40,000/- since his pay is Rs.40,000/- per month. Considering the fact that the claimant is driver and that there is no reduction of his income, The Tribunal has not awarded loss of income due to disability even though the doctor has stated that the claimant is having 18% disability.

9. Considering the fact that there is head on collusion and charge sheet is filed against both the appellant -injured and the rider of the insured vehicle, the Tribunal has rightly held both contributed to the accident to the extent of 50% each.

10. The claimant is entitled to enhanced compensation under various heads as under:

Pain and suffering Rs.80,000/-

Loss of amenities Rs.60,000/-

Loss income during laid up period Rs.40,000/-

Attendant, conveyance charges, food and Rs.2,000/-

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nourishment etc,. Total Rs.1,82,000/-

As the claimant has contributed to the accident and the Tribunal has assessed contributory negligence at 50%, he is entitled to a sum of Rs.91,000/- (50% of Rs.1,82,000/-). Therefore, the claimant is entitled to enhanced compensation of Rs.91,000/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 -insurer is liable to pay the said enhanced compensation with interest. The claimant is not entitled to interest for the delay period of 381 days in filing the appeal as per order dated 15.09.2026 passed on IA No.1/2026.

11. In 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.91,000/- with interest at

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the rate of 6% per annum from the date of petition till realization. iii) The appellant -claimant is not entitled to interest for the delay period of 381 days in filing the appeal. iv) Respondent No.1 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day. v) The appellant -claimant is entitled for release of entire enhanced compensation.

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 26 CT:ABS

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