Smt Mahabunny v. Cholamandalam Ms General Insurance Company Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 339 OF 2025 (MV-I) BETWEEN:

SMT. MAHABUNNY W/O MAHABOOB BASHA AGED ABOUT 45 YEARS R/AT No.26/4/3379 MUBARAK NAGAR, MELAPURAM HINDUPUR TALUK - 515 201. ANANTAPUR DISTRICT. ANDHRA PRADESH. …APPELLANT

(BY SRI GIRIMALLAIAH, ADVOCATE)

AND:

¶1CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., UNIT - IV, 9TH FLOOR, LEVEL -06 GOLDEN HEIGHT COMPLEX 5TH 'C' CROSS, INDUSTRIAL SUBURB RAJAJINAGAR BENGALURU - 560 042. BY ITS MANAGER.

¶2SRI K BHARATH S/O KURUBARA RAMANJINEYULU AGE :MAJOR (AGE OF R-2 NOT KNOWN TO APPELLANT)

Location: HIGH COURT OF KARNATAKA

No. 26-4-1545, RTC COLONY HIDUPUR H .O ANANTHAPUR DISTRICT - 515 201. ANDHRA PRADESH.

…RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R1 V/O DTD. 17.03.2026, NOTICE TO R2 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:12.11.2024 PASSED IN MVC No.6038/2022 ON THE FILE OF THE 10TH ADDITIONAL SMALL CAUSES, MEMBER AND MACT, BENGALURU, (SCCH-16), 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 12.11.2024 passed in MVC No.6038/2022 by X Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-16).

¶2Even though the appeal is listed today for orders/admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.1 –insurer.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 24.08.2022 contending that the accident occurred due to rash and negligent driving of the driver of Tata ACE vehicle bearing registration No.AP-02/TD-0966. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

¶1Loss of future income Rs.13,83,375-00

¶2Medical expenses 1,98,445-00

¶3Pain and sufferings 1,00,000-00

¶4Attendant charges 10,08,000-00

¶5Food and nourishment 50,400-00

¶6Conveyance expenses 20,000-00

¶7Loss of income during treatment period 93,000-00

¶8Loss of amenities 1,00,000-00

¶9Future medical expenses 1,00,000-00 Total Rs.30,53,220-00

¶4The Tribunal also awarded interest at the rate of 6% per annum 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.

¶6The accident occurred on 24.08.2022 and as on the date of accident, the claimant was aged 45 years. The Tribunal has rightly applied multiplier '15'. The claimant's occupation was tailoring in jockey garment. The claimant has not produced any proof of income and therefore, the Tribunal has rightly taken notional income of Rs.15,500/-. The Tribunal, considering the age of the claimant, has rightly added 25% towards future prospects.

¶7Learned counsel for appellant would contend that there is an amputation of right leg up to upper thigh. Considering the same, the functional disability is to be taken at 100% and on that point, he placed relianced on the decision of Hon'ble Apex Court in the case of Vinayak Vs Manohar Singh and others1. The Tribunal in the judgment has observed that the claimant requires attendant throughout her life. Considering the same, the claimant cannot continue her work of tailoring and therefore, functional disability is to taken at 100%. In view of above, loss of future income is calculated as under: Rs.15,500/- + 25% (Rs.3875/-) = Rs.19,375/- x12 x14 x 100% =Rs.32,55,000/-.

¶8Considering the injuries sustained by the claimant, the compensation awarded towards pain and suffering in a sum of Rs.1,00,000/- is enhanced to

1 In 2025 ACJ 1666

Rs.1,50,000/- and loss of amenities in a sum of Rs.1,00,000/- is enhanced to Rs.1,25,000/-.

¶9In view of disability taken at 100%, the claimant is not entitled to loss of income during laid up period as awarded by the Tribunal in a sum of Rs.93,000/-. The claimant is not seeking enhancement under head "attendant charges" as awarded by the Tribunal in a sum of Rs.10,08,000/-, medical expenses of Rs.1,98,445/-, food and nourishment of Rs,50,400/- and conveyance charges of Rs.20,000/-.

¶10The Tribunal has awarded future medical expenses of Rs.1,00,000/-. The claimant has stated in her evidence that she has purchased artificial limb of Rs.2,00,000/- but has not produced any documents. Considering the same, the Tribunal has awarded Rs.1,00,000/- towards future medical expenses.

¶11In 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 32,55,000/-

¶02Medical expenses 1,98,445/-

¶03Pain and sufferings 1,50,000/-

¶04Attendant charges 10,08,000/-

¶05Food and nourishment 50,400/-

¶06Conveyance expenses 20,000/-Loss of amenities 1,25,000/-Future medical expenses 1,00,000/-Total 49,06,845/-

Considering the above aspects, the claimant is entitled to total compensation of Rs.49,06,845/- as against Rs.30,53,220/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.18,53,625/- 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.

¶12In 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.18,53,625/- with interest at the rate of 6% per annum 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) Out of the compensation amount, a sum of Rs.10,00,000/- shall be keep in fixed deposit in the name of claimant for 15 years and remaining amount shall be released to claimant.

v) Registry is directed to send back trial Court records.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 33 Ct.sm