MFA/2651/2024 of MR JANSANA Vs M/S RELIANCE GENERAL INSURANCE CO LTD on 17 June 2026

ORAL JUDGMENT

This appeal by the claimant seeking enhancement of compensation, arising out of the judgment and award dated 05.05.2022 in MVC.No.6131/2019 passed by Motor Vehicle Accident Claims Tribunal & V Additional Judge SCCH-20, Mayo Hall Unit, Bengaluru1 .

2. The Tribunal by means of impugned award granted compensation of Rs.15,93,000/- with interest at 6% per annum.

1 “Tribunal for short”.

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3. The date of accident, involvement of the vehicle and the injury sustained, disability suffered and liability to pay the compensation are not in dispute. The only dispute is in respect to quantum of compensation.

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

5. Heard Sri.Gurudev Prasad.K.T, learned counsel appearing for appellant-claimant and Sri.D.Vijaya Kumar, learned counsel appearing on behalf of respondent No.1- Insurer. Vide order dated 18.02.2025, notice to respondent No.2 is dispensed with.

6. Sri.Gurudev Prasad submits that, the claimant has suffered multiple fractures as per paragraph No.14 of the judgment. He has examined two Doctors, one a Neurologist PW-4 and another PW-2 an Orthopedic. Both the Doctors have given disability; the Orthopedic has given disability at 31% to the particular limb i.e., right lower limb and whole body as 21%, whereas the

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Neurologist has given disability to the extent of 46.6% to the whole body. If both the disabilities are combined, that would comes to 78% approximately. The Tribunal has considered only 40%, which is on the lower side. Considering the age and avocation of the claimant, as he was doing centering work, the disability be appropriately considered. So far as the other argument of Sri.Gurudev Prasad is concerned, he has submitted that the compensation awarded under each head, except the medical expenses is on lower side, which requires reconsideration.

7. In contrast, Sri.D.Vijayakumar, learned counsel appearing for respondent No.1-Insurer in his usual way submits that the Tribunal after considering the entire evidence considered proper income, so also considered the disability i.e., more than 1/3rd and awarded appropriate compensation under each head and sought to dismiss the appeal.

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8. Having considered the rival submissions, this Court has gone through the entire judgment. The injury suffered and disability stated by the Doctors are not in serious dispute. The Tribunal has taken the whole body disability at 40% as against the medical evidence of 46.6% + 20% to the whole body as per the evidence of the Doctors, which would come to 66%. Considering the fact that he was doing the centering work, this Court is of the opinion that if 45% is taken to the whole body, that would meet the ends of justice.

9. So far as the compensation awarded under other heads, perusal of the same requires reconsideration under each heads, except medical expenses and hospital charges, food and nourishment, conveyance charges and attendant charges. In view of taking the disability for more than 40%, the claimant is entitled for adding future prospectus to the existing income, as per settled position of law by the Hon’ble Supreme Court. Accordingly, considering the age of the claimant as 42 years at the

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time of accident, he is entitled for future prospectus of 25% to the existing income.

10. A perusal of the judgment and award shows that in the tabular column compensation awarded by the Tribunal at item No.8 in respect of ‘loss of future income’ the calculation shown is ‘14,000x12x14x20%’, whereas the disability shown in the body of the judgment at paragraph No.15 is ‘14,000x12x14x40%=Rs.9,40,800/-’, but the total amount is properly shown as ‘Rs.9,40,800/-’ in the tabular column. Since, there is ambiguity with respect to the award amount under the head loss of future income, the same has been clarified.

11. Accordingly, this Court proceeds to reassess the compensation which is as under:

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Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

1. Pain and suffering 50,000-00 1,00,000-00

2. Medical expenses and hospital charges 4,41,000-00 4,41,000-00

3. Food and nourishment 21,000-00 21,000-00

4. Conveyance charges 21,000-00 21,000-00

5. Attendant charges 21,000-00 21,000-00

6. Loss of amenities 40,000-00 60,000-00

7. Loss of income during laid up period 28,000-00 56,000-00 [14,000x4]

8. Loss of future income 9,40,800-00 13,23,000-00 [14,000+25%x12x 14x45%]

9. Future medical expenses 30,000-00 30,000-00 TOTAL 15,92,800-00 20,73,000-00

12. Accordingly, the claimant is entitled for enhanced compensation of Rs.4,80,200/- (rounded off to Rs.4,81,000), which shall carry interest at the rate of 6% per annum from the date of petition till realization, except for 622 days of delayed period in preferring the appeal, in terms of the order passed while allowing the application seeking for condonation of delay.

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13. For the foregoing reasons, this Court proceed to pass the following:

ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 05.05.2022 in MVC.No.6131/2019 passed by the Tribunal, is modified and enhanced to Rs.4,81,000/- with interest at 6% per annum from the date of petition till realization, except the interest for the delayed period of 622 days.

(iii) Respondent No.1-Insurer shall deposit the entire enhanced compensation, except for the delayed period stated supra before the concerned Tribunal within six weeks from the date of receipt of the copy of this order.

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(iv) After deposit of the compensation amount, 50% shall be deposited in any interest bearing FDR with any Nationalized Bank for a period of three years and balance compensation amount shall be released in favour of the claimant upon proper identification

Sd/- (T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 15 ct-vn