SRI. RUDRAPPA v. THE RELIANCE GENERAL INSURANCE CO. LTD. & Ors

(BY SRI D VIJAYAKUMAR, ADVOCATE FOR R1 V/O DTD. 16.4.2026 NOTICE TO R2 & R3 ARE DISPENSED WITH) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2023 PASSED IN MVC No.14/2020 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, 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 filed by the claimant seeking enhancement of the compensation awarded in the Judgment and Award dated 28.11.2023 passed in MVC No.14/2020 by I Additional Senior Civil Judge and JMFC and M.A.C.T., Davanagere. - 3 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR

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

3. The appellant -claimant made a claim petition praying to award compensation for the injury sustained by him in a road traffic accident which took place on

17.02.2019, contending that the accident occurred due to the rash and negligent driving of the goods lorry bearing registration No.KA-17/C-0186. The Tribunal recorded the evidence. The Tribunal appreciating evidence assessed the compensation and awarded the compensation under different heads as under: 1 2 3 4 5 Loss of future earning capacity Pain and suffering Loss of Amenities Food, attendant charges Medical expenses conveyance nourishment Rs.5,02,320/- Rs.20,000/- Rs.20,000/- Rs.20,000/- Rs.3,46,157/- Total Rs.09,08,477/-

4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till - 4 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR realisation and held that respondent Nos.1 to 3 are jointly and severally liable to pay the compensation and directed respondent No.1 -Insurer to deposit the compensation amount. The claimant seeking enhancement has filed the present appeal.

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

6. Learned counsel the appellant would contend that there is amputation below knee and therefore, the disability is to be taken at 60% as per the Employee's Compensation Act,1923 and occupational disability as 100% as against 23% taken by the Tribunal. The claimant was admitted in the hospital for 29 days. Considering the nature of injury sustained, compensation awarded by the Tribunal for pain and suffering, loss of amenities, attendant and conveyance charges are on lower side. The claimant is also entitled to future prospects. The claimant requires artificial limb in - 5 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR view of amputation below knee. For that, he needs future medical expenses for fixing artificial limb. With this, he prays to allow the appeal.

7. Learned counsel for respondent No.1 –Insurer would contend that disability stated at 60% in the Employee’s Compensation Act for amputation below knee is with regard to the employee who has sustained injury and the scope of awarding compensation under the said enactment is limited and therefore, disability is to be taken at 50%. The compensation awarded by the Tribunal under other heads is just and proper and there are no grounds for enhancement.

8. Having heard learned counsels, the Court has perused the judgment and award.

9. The occupation of the claimant has been stated in the claim petition and evidence as agriculture and business. Ex.P12 to Ex.P21 are pahanis of landed properties of the claimant. Considering the fact that there - 6 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR is amputation below knee, the functional disability is to be taken at 60% as against 23%.

10. The claimant is aged 50 years and therefore, multiplier is 13. The claimant is entitled to future prospectus at 25% as per decision of the Hon’ble Apex Court in the case of National Insurance Company Vs Pranay Sethi and Ors1. Learned counsel for respondent No.1 submits that as the age of the claimant is taken at 50 years is entitled to future prospects at 10%. Learned counsel for the appellant -claimant submits that as the age of the claimant is 50 years, he is aged between 40 to 50 years and therefore, future prospects are to be taken at 25%.

11. The Hon'ble Apex Court in the case of Pranay Sethi (Supra) has held as under: “61. XXX (iii) While determining income, an addition of 50% of actual salary to the income of 1 AIR 2017 SC 5157 - 7 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax. (iv) In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.” As per the said decision, if the age of the deceased /injured is between 40 to 50 years, the future prospects are to be taken at 25%. If the age of the deceased /injured is between 50 to 60 years, the future prospects are to be taken at 10%. As the awarding of compensation - 8 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR under Motor Vehicles Act is a beneficial legislation, beneficial interpretation has to be taken into consideration. As the claimant -injured is aged 50 years, he comes under the category of persons between the age of 40 to 50 years, as it includes 50 years. Any person aged above 50 years is required to be awarded future prospects at 10%.

12. Considering the above, the loss of future income is calculated as under: Rs.14,000/- +25% = Rs.17,500/- x 12 x 13 x 60% = Rs.16,38,000/-.

13. There is an amputation of leg below knee and the claimant has been admitted in hospital for 29 days. The compensation awarded for pain and suffering requires to be enhanced to Rs.1,00,000/- as against Rs.20,000/- as awarded by the Tribunal. Considering the said aspect, as the claimant has to suffer lifelong without leg as is the amputation of leg below knee, loss of amenities in life requires to be enhanced from Rs.20,000/- to Rs.75,000/-. - 9 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR

14. In view of the above, the claimant being admitted in the hospital for 29 days is entitled to attendant and conveyance charges in a sum of Rs.29,000/- (29 x 1,000/-). In view of the amputation of leg below the knee, the claimant requires artificial limb. For that, future medical expenses required to be awarded towards artificial limb in a sum of Rs.30,000/-. In view of the above, the claimant is entitled to total compensation under different heads as under: 1 2 3 4 5 6 Loss of future income Pain and suffering Loss of Amenities Attendant charges Medical expenses Artificial Limb Rs.16,38,000/- Rs.1,00,000/- Rs.75,000/- Rs.29,000/- conveyance Rs.3,46,157/- Rs.30,000/- Total Rs.22,18,157/-

15. The claimant is entitled to total compensation of Rs.22,18,157/- as against Rs.9,08,477/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. Therefore, the claimant is entitled to enhanced compensation of - 10 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR Rs.13,09,680/-(Rs.22,18,157/- minus Rs.9,08,477/-) 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 enhanced compensation with interest.

15. In view of the above, the following i) ii) ORDER The appeal is allowed in part. The appellant -claimant is entitled to enhanced compensation of Rs.13,09,680/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.1 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day, failing which it is liable to pay interest at the rate of 9% per annum from this day till payment of compensation. - 11 - NC: 2026:KHC:30137 MFA No. 2247 of 2024 HC-KAR iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 44