Sri Venkataravanappa v. The Oriental Insurance Company Ltd.,

NC:(2026:KHC:5323( MFA(No.(9175(of(2017( ( , ,,HC-KAR( ( ( (((IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA(

MISCELLANEOUS(FIRST(APPEAL(NO.(9175(OF(2017((MV-I)(

BETWEEN:(( ( SRI.VENKATARAVANAPPA,, S/O,LATE,MUNIVENKATAPPA, AGED,ABOUT,61,YEARS,, R/AT,DASARAHALLI,VILLAG,E, SHIDLAGHATTA,TALUK, CHICKBALLAPURA,DISTRICT., , …APPELLANT, (BY,SRI.,M,SREENIVASA.,,ADVOCATE), ( AND:( (

1., THE,ORIENTAL,INSURANCE,COMPANY,LTD.,, NO.2023,,HIG,II,PHASE,, Digitally YELAHANKA,NEW,TOWN,, signedtiby BANGALORE,560,064,NIRMALA DEVI POLICY,NO.421590/31/2015/8562., Location: , HIGH0COURT 2., SRI.,RAJU, OF S/O,POSALAPPA,KARNATAKA MAJOR, R/AT,PAPAMMA,LAYOUT,, MARUTHI,NAGAR,,YELAHANKA,, BANGALORE,-,560,064., ,

3., SRI.,K.N.,AMBARISHA, S/O,SRI.,NARAYANAPPA, MAJOR,, R/AT,NO.41/1,,, NC:(2026:KHC:5323( MFA(No.(9175(of(2017( ( , ,,HC-KAR( ( ( SAGARIKA,NILAYA,, POOJAMAHALAKSHMI,LAYOUT,, BANGALORE,-,560,064., , …RESPONDENTS, (BY,SRI.S.Y.SHIRALLI,,ADVOCATE,FOR,R1;,, ,,,,,,SRI.K.R.VENKATARAMANA,ADVOCATE,FOR,R2;,, ,,,,,,SRI.,S.MURTHY,,ADVOCATE,FOR,R3;), , , , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT,AND,AWARD,DATED,15/07/2017,,,PASSED,IN,MVC, NO.7184/2016,,ON,THE,FILE,OF,THE,XXI,ADDITIONAL,SMALL, CAUSES,JUDGE,AND,XIX,ACMM.,,MEMBER,,MACT,,(SCCH-23),, 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,MR.,JUSTICE,C.M.,POONACHA, , , ORAL(JUDGMENT( ( The, present, appeal, is, filed, by, the, claimant, calling, in, question,the,judgment,and,award,dated,15.07.2017,passed,by, the, XXI, Additional, Small, Causes, Judge, and, XIX, ACMM,, 1Member,,MACT,(SCCH-23),,Bengaluru, ,in,MVC,No.7184/2016,,

hereinafter referred to as 'Tribunal'

whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of `1,74,571/- together with interest at 6% pa.

¶2The findings of the Tribunal on negligence and liability are not under challenge. The only question that arises for consideration in the present appeal is the adequacy of the quantum of compensation.

¶3It is forthcoming that the claimant was aged 61 years as on the date of the accident i.e., as on 14.2.2016. Accordingly the appropriate multiplier is 7. The claimant was stated to be an agriculturist. However, no documents have been produced to demonstrate his income. The Tribunal has assessed his income at `7,000/- p.m. Having regard to the date of the accident, the notional income of the claimant is reassessed as `9,500/- p.m.

¶4The wound certificate (Ex.P6), the discharge summary (Exs.P8, 9 and 14) and the testimony of the doctor (PW.3) disclose that the claimant sustained injury to the left hip, as a result of which he sustained left intertrochanteric fracture with

subtrochanteric extension (body and Griffith Type 4). He was admitted as an inpatient for a total period of 12 days from

14.02.2016 to 25.02.2016. The fracture was surgically treated. The Tribunal has assessed the whole body disability of the claimant at 7.92% in terms of the assessment made by the doctor (PW.3).

¶5Keeping in mind the aforementioned, the compensation is reassessed as follows: i. Having regard to the nature of injuries sustained and the period of treatment, the compensation towards pain and suffering is reassessed as `50,000/- as against `40,000/- awarded by the Tribunal; ii. The compensation awarded by the Tribunal towards medical expenses at `63,001/- and conveyance, nourishment and nutritious food at `10,000/- is just and proper; iii. Having regard to the nature of injuries, the period of treatment and resultant disability, loss of amenities is reassessed as `25,000/- as against `15,000/- awarded by the Tribunal;

iv. Loss of future earning capacity is reassessed as (`9,500/-x12x7x7.92%) `63,202/- as against `46,570/- awarded by the Tribunal; v. The Tribunal has not awarded any compensation towards future medical expenses despite the doctor (PW.3) having deposed that the claimant will be required to incur about `75,000/- towards future medical expenses. However, since no documents are produced and there is no other material on record regarding the same, it is just and proper that a sum of `20,000/- be awarded towards future medical expenses; vi. The Tribunal has not awarded any amount towards loss of income during laid-up period. Having regard to the nature of injuries sustained and the period during which he was treated as inpatient, the laid up period is assessed as three months and accordingly, a sum of (`9,500/-x3) `28,500/- is awarded for the same.

¶6Accordingly, the total compensation under various heads is reassessed as follows:

Sl.No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`)

¶1Pain and suffering including mental agony 40000.00 50000.00

¶2Loss of future earnings 46570.00 63202.00

¶3Medical expenses 63001.00 63001.00

¶4Loss of conveyance, nourishment and nutritious food 10000.00 10000.00

¶5Loss of amenities of life 15000.00 25000.00

¶6Future medical expenses

0.00 20000.00

¶7Loss of income during laid up period

0.00 28500.00

Total 174571.00 259703.00

¶7Hence, the claimant is entitled for enhanced compensation of (`2,59,703/- – `1,74,571/-) `85,132/-.

¶8Taking judicial notice of the interest awarded towards Fixed Deposits, it is just and proper to award interest on the enhanced compensation at 7% p.a.

¶9In view of the aforementioned, the following: ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 15.07.2017 passed by the XXI Additional Small Causes Judge and XIX ACMM, Member, MACT (SCCH-23), Bengaluru, in MVC No.7184/2016, is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The claimant is entitled to enhanced compensation of `85,132/- with interest at 7% per annum from the date of petition till its realization, in addition to the compensation awarded by the Tribunal;

iv) Respondent No.1 - Insurance Company shall deposit the said compensation together with accrued interest within a period of six weeks;

v) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the claimant digitally after proper identification;

vi) The Registry to draw the modified award accordingly;

vii) Records be transmitted to the Tribunal forthwith;

viii) No costs.

Sd/- (C.M. POONACHA) JUDGE

ND/ List No.: 1 Sl No.: 17