Sri Shivamurthy @ Murthy C vs ICICI Lombard General Insuerance Company Ltd & Anr.

This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 03.11.2025 passed in MVC No.2456/2024 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-24).

Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No1/insurer.

The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 28.01.2024 contending that the accident occurred due to rash and negligent driving of the driver of Tata Tiago Car bearing Regn.No.DL-06-CR-6852. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

The Tribunal also awarded interest @ 6% p.a. 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.

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

Learned counsel for appellant would contend that the claimant has sustained Open type 2 left both bone leg fracture. PW.3-Doctor who examined the claimant has assessed his disability at 42% of lower limb and 14% to the whole body and the Tribunal erred in taking the disability at 10%. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- p.m. and the same is to be taken as against Rs.16,500/- taken by the Tribunal. The Tribunal has rightly applied multiplier ‘11’. Considering the injuries sustained the compensation awarded towards pain and suffering is on lower side. The Tribunal has not awarded loss of amenities. The Doctor has stated that the claimant has to undergo surgery for removal of implant and for that he has to spend Rs.25,000/- and the Tribunal has awarded Rs.10,000/-towards future medical expenses. With this he prayed to allow the appeal.

Learned counsel for respondent No.1/insurer would contend that considering the evidence of PW.3-Doctor, the Tribunal has rightly taken the disability at 10% and the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With this he prayed to dismiss the appeal.

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

The accident occurred on 28.01.2024 and as on the date of accident the claimant was aged 54 years. The Tribunal has taken the notional income at Rs.16,500/-. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- and the same is to be taken as against Rs.16,500/- taken by the Tribunal.

PW.3 is the Doctor who has examined the claimant and assessed his disability at 42% to the left lower limb and 14% to the whole body. Considering the said evidence of Doctor, the disability to the whole body is to be taken at 14% as against 10% taken by the Tribunal. The Tribunal has rightly applied multiplier ‘11’ considering the age of the claimant as 54 years. In view of the above, the loss of future income is calculated as under:

Rs.17,000 x 12 x 11 x 14% = Rs.3,14,160/-

The claimant has sustained open type 2 left both bone leg fracture and considering the same the compensation awarded towards pain and suffering is just and proper. The Tribunal has not awarded compensation towards loss of amenities. The claimant is entitled to loss of amenities in a sum of Rs.30,000/-. The Tribunal has awarded loss of income during laid up period for three months. As now the income taken is Rs.17,000/- the claimant is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000 x 3 months). The compensation awarded by the Tribunal towards medical expenses and attendant and conveyance charges is just and proper. PW.3- Doctor has stated that the claimant has to undergo surgery for removal of implants and estimated the cost at Rs.25,000/-. Therefore, the compensation awarded towards future medical expenses in a sum of Rs.10,000/- requires to be enhanced to Rs.25,000/-.

In view of the above, the claimant is entitled to compensation under various heads as under:

Considering the above aspects, the claimant is entitled to total compensation of Rs.5,31,112/- as against Rs.3,88,252/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,42,860/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following:

ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,42,860/-with interest @ 6% p.a. 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) Appellant is entitled to release of entire enhanced compensation.