AMBIKE vs NAGINDRAPPA
- Court
- Karnataka High Court
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MFA No. 201481 of 2025
CNR: KAHC030009532025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE BRUNGESH M
MISCL. FIRST APPEAL NO.201481 OF 2025 (MV-I)
BETWEEN:
AMBIKE W/O LATE HARIKRISHNA,
AGED ABOUT 28 YEARS, OCC: COOLIE,
R/O H.NO.1/1, NAMWAR TQ. SEDAM,
DIST. KALABURAGI
NOW AT CHIMMANIDALALI TQ. CHINCHOLI,
DIST. KALABURAGI.
…APPELLANT
(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
1. NAGINDRAPPA S/O ASHOK,
AGE: MAJOR OCC: BUSINESS,
R/O H.NO.S/8/2, DIGGAON, TQ. CHITTAPUR,
DIST. KALABURAGI-585101.
2. HDFC, ERGO GENERAL INSURANCE COMPANY LTD.,
THROUGH THE GENERAL MANAGER,
HDFC ERGO GENERAL INSURANCE COMPANY,
ST
1 FLOOR, VEERUPAKSHA KRUPA
OPP. KIMS MAIN GATE P. B. ROAD,
VIDYA NAGAR, HUBBALI-580009.
…RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 09.06.2025 NOTICE TO R1 IS D/W)
Digitally signed by
BASALINGAPPA S
D
Location: HIGH
COURT OF
KARNATAKA
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MFA No. 201481 of 2025
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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 06-
11-2023 PASSED BY THE SENIOR CIVIL JUDGE AND MACT,
CHINCHOLI, IN MVC NO.329/2019, BY ENHANCING THE
COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE BRUNGESH M
ORAL JUDGMENT
The appeal is preferred by the appellant, Smt.
Ambika wife of late Harikrishna, questioning the legality
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and propriety of the judgment and award dated 6
November, 2023 passed by the learned Senior Civil Judge
and MACT at Chincholi in MVC No.329 of 2019.
2. The appellant, Smt. Ambika wife of late
Harikrishna, was the petitioner before the Tribunal,
whereas respondent No. 1-Nagindrappa son of Ashok, and
respondent No.2, HDFC ERGO General Insurance Company
Limited, were respondents Nos.1 and 2, respectively,
before the Tribunal in MVC No.329 of 2019.
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3. For the sake of convenience and clarity, and to
avoid any confusion, the parties are referred to by the
ranks assigned to them before the Tribunal.
4. The petitioner-Smt. Ambika, filed MVC No.329
of 2019, seeking compensation for the injuries sustained
th
by her in a road traffic accident that occurred on 9
October, 2018.
5. The facts leading up to this appeal are as
follows.
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(i) The petitioner contends that on 9 October,
2018, she was proceeding as a pillion rider along with her
husband, Harikrishna from Sedam to their village-Namer,
on a motorcycle. It is her further case that when they
were proceeding near Kodla village on the Sedam–Yadgir
Road, near the Agasarhalli bridge, a vehicle bearing
registration No.KA-32-EF-6348 (hereinafter referred to as
the “offending vehicle” for the sake of brevity), was driven
at high speed and in a rash and negligent manner and
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dashed against the motorcycle on which she was
travelling. Due to the forceful impact, the petitioner and
her husband were thrown to the ground and sustained
grievous injuries.
(ii) The petitioner further contends that after the
accident, she was shifted to the Government Hospital,
Sedam and after receiving first aid, was taken to
Basaveshwara Hospital, Kalaburagi, and thereafter to
United Hospital, Kalaburagi. She claims to have sustained
grievous head injuries resulting in serious damage to her
brain and nervous system. It is further contended that her
right hand and right leg have become paralysed and that
she is suffering from mental disorder. The petitioner
claims to have spent Rs.3,00,000/- towards medical
expenses. She further contends that prior to the accident,
she was hale and healthy, but, owing to the injuries
sustained in the accident, she is unable to maintain herself
and her family. According to the petitioner, the accident
occurred solely due to the rash and negligent driving of
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the offending vehicle bearing registration No.KA-32-EF-
6348. On these and other grounds, the petitioner sought
compensation of Rs.23,50,000/-.
6. Upon presentation, the claim petition was
registered, and notices were issued to the respondents.
Respondent No. 1, Nagindrappa, failed to appear before
the Tribunal and was accordingly placed ex parte.
7. However, respondent No.2-HDFC ERGO General
Insurance Company, entered appearance and filed its
written statement, thereby seriously contesting the claim
of the petitioner-Ambika.
8. After completion of the pleadings, the Tribunal
framed three issues for its consideration. Thereafter, the
Tribunal afforded reasonable opportunities to the parties to
adduce evidence. The petitioner- Smt. Ambika, examined
herself as PW1 and also examined Dr. Rajendra Kotari as
PW2. The petitioner got marked 111 documents as Exs.P1
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to P111. Per contra, the Insurance Company examined
one of its officials, Yenkangouda Patil, as RW1 and got
marked four documents as Exs.R1 to R4. Besides,
respondent No.2 also examined Shankar Gowda son of
Veeranna Gouda Patil, as RW2.
9. Thereafter, the Tribunal heard the arguments
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and passed the impugned judgment and award dated 6
November, 2023, awarding compensation of Rs.5,99,500/-
together with interest at the rate of 6% per annum from
the date of the petition till realisation. The Tribunal further
directed respondent No.2, HDFC ERGO General Insurance
Company, to satisfy the award.
10. Aggrieved by the said judgment and award, the
petitioner-appellant, Smt. Ambika, has preferred this
appeal, primarily contending that the compensation
awarded by the Tribunal is inadequate.
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11. The learned advocate for the appellant would
contend that the petitioner sustained grievous head
injuries, resulting in serious damage to her brain and
nervous system. It is further contended that she also lost
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her teeth and underwent inpatient treatment from 9
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October, 2018 to 30 October, 2018. Therefore, the
compensation awarded under the head of pain and
suffering is on the lower side and warrants enhancement.
12. The learned advocate for the appellant would
further contend that the Tribunal ought to have assessed
the petitioner's income at a higher rate, having regard to
the nature of the work she was pursuing prior to the
accident and the year in which the accident occurred.
13. The learned advocate for the appellant would
also contend that the petitioner examined Dr. Rajendra
Kothari as PW2, who assessed her whole-body disability at
37%. However, the Tribunal, without assigning valid and
cogent reasons, reassessed her whole-body disability at
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only 15%, which warrants interference by this Court.
According to the learned advocate, the petitioner's whole-
body disability ought to have been assessed at 35%.
14. Besides, the learned advocate for the appellant
would contend that the Tribunal ought to have awarded
interest at the rate of 9% per annum, having regard to the
prevailing rates of inflation. On these and other grounds,
the learned advocate seeks suitable enhancement of the
compensation.
15. Per contra, the learned advocate for respondent
No.2, Sri Subhash Mallapur, seeks to justify the award
passed by the Tribunal. He would contend that it is the
consistent practice followed by Tribunals and various
courts to take one-third of the limb disability as the whole-
body disability. Accordingly, the Tribunal reassessed the
petitioner's disability.
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16. The learned advocate for respondent No.2
would further contend that one-third of 37% works out to
approximately 12.33%. Nevertheless, the Tribunal
assessed the petitioner's whole-body disability at 15%,
which is higher than the said proportion. Therefore,
according to the learned advocate, no interference with
the assessment made by the Tribunal is warranted. On
these and other grounds, the learned advocate for
respondent No.2 seeks dismissal of the appeal.
17. Ex.P5 is the letter addressed by the
Basaveshwara Teaching and General Hospital Authorities
to the Medical Officer, United Hospital, Kalaburagi. A
perusal of Ex.P5 makes it clear that the Medical Officer of
United Hospital, Kalaburagi, had requested the
Basaveshwara Teaching and General Hospital to furnish
the details with reference to the X-ray and MRI scan
reports pertaining to Smt.Ambika wife of Harikrishna, the
petitioner herein.
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18. Further, Ex.P5 reveals that, in response to the
said request, the authorities of Basaveshwara Teaching
and General Hospital informed that Smt. Ambika wife of
Harikrishna, the petitioner herein, was subjected to X-ray
examination on 10.10.2018 and MRI scan examination on
14.10.2018.
19. It is further mentioned in Ex.P5 that the MRI
scan of the brain of Smt. Ambika revealed the following
findings:
“1. Diffuse axonal injury;
2. Bleed in the occipital area;
3. Bilateral lateral ventricle involvement;
4. Subarachnoid haemorrhage;
5. Bilateral frontoparietal lesion;
6. Diffuse cerebral oedema; and
7. Subdural haemorrhage.”
20. Therefore, it appears that the petitioner-Smt.
Ambika, had sustained a serious head injury with
consequential neurological complications.
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21. In order to appreciate the nature and gravity of
the injuries sustained by the petitioner, it is necessary to
understand, at least in brief, the medical significance of
the aforesaid terminologies and their possible residual
effects on the human body. Without such an
understanding, it would be difficult to appreciate the
nature of the difficulties that may have been suffered by
the petitioner.
22. Diffuse Axonal Injury (DAI) : Diffuse axonal
injury is a serious form of traumatic brain injury in which
the brain is subjected to rapid stretching, twisting or
shearing forces, resulting in injury to numerous nerve
fibres known as axons.
23. An axon is the long part of a nerve cell which
carries electrical signals from one nerve cell to another. In
diffuse axonal injury, such axons may be stretched or torn
at multiple locations in the brain. The expression “ diffuse ”
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signifies that the injury is spread across multiple areas of
the brain rather than being confined to a single small area.
24. The possible effects of diffuse axonal injury
include loss of consciousness, prolonged unconsciousness
or coma, confusion and disorientation, memory
impairment, difficulty in concentration and thinking,
speech and communication difficulties, weakness or
paralysis of the limbs, problems with balance and
coordination, abnormal movements, seizures, changes in
behaviour or personality, problems with vision or eye
movements, and difficulty in performing ordinary daily
activities.
25. A person who survives diffuse axonal injury
may continue to experience long-term difficulties relating
to cognition, memory, attention, behaviour, movement,
speech and coordination. The extent of recovery depends
upon the severity of the injury and other relevant clinical
factors. While some patients, particularly those with less
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severe injury, may improve substantially with appropriate
rehabilitation, severe diffuse axonal injury may result in
permanent neurological impairment.
26. At the same time, the diagnosis of diffuse
axonal injury, by itself, does not establish the exact
percentage of permanent disability. The extent of residual
disability has to be assessed with reference to the
patient's neurological examination, functional limitations,
imaging findings and subsequent clinical course.
27. In the present case, it must be noted that the
petitioner has not produced the MRI or X-ray images
themselves for the perusal of the Tribunal. Therefore, this
Court would have some difficulty in independently
assessing the radiological severity of the injury or
determining the precise extent of permanent impairment
attributable to the diffuse axonal injury.
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28. Nevertheless, even a plain understanding of the
aforesaid medical terminology and its possible residual
effects demonstrates that diffuse axonal injury is a
significant form of traumatic brain injury and cannot be
ignored or treated lightly. The said injury, therefore,
requires to be considered with due care and
circumspection while assessing the overall nature and
consequences of the injuries sustained by the petitioner.
In Ex.P5, it is also mentioned that the petitioner had
sustained subdural haemorrhage . A subdural
haemorrhage, also referred to as a subdural haematoma,
means bleeding that occurs between the dura mater and
the surface of the brain. The dura mater is the tough
outermost membrane covering the brain. Usually, such
bleeding occurs when, as a consequence of a head injury,
small veins situated between the brain and the dura mater
are torn. The collected blood may exert pressure on the
brain.
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29. The possible consequences of subdural
haemorrhage include persistent headache, dizziness and
imbalance, drowsiness or altered consciousness, problems
with memory and concentration, weakness or paralysis on
one side of the body, speech or language difficulties,
seizures, and behavioural or personality changes. In
severe cases, it may result in permanent neurological
disability, coma or even death.
30. The residual effects of a subdural haemorrhage
depend, among other factors, upon the size and location of
the haemorrhage, the degree of pressure exerted on the
brain, the duration of such compression and the treatment
received. While some patients may recover completely,
others may be left with permanent neurological deficits.
31. While considering the medical significance of
subdural haemorrhage, this Court has noticed another
important medical terminology, namely, “ membrane ”. In
medical language, a membrane is a thin layer or sheet of
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tissue which covers, lines, separates or protects a part of
the body.
32. For instance, the brain and spinal cord are
covered by three protective membranes, collectively
known as the meninges. They are:
“1. Dura mater – the tough outermost
membrane;
2. Arachnoid mater – the middle and delicate
membrane; and
3. Pia mater – the innermost membrane, which
closely covers the surface of the brain.”
33. Thus, subdural haemorrhage refers to bleeding
occurring in the space between the dura mater and the
arachnoid mater.
34. It is also necessary to note that subarachnoid
haemorrhage is another significant finding mentioned in
Ex.P5. Subarachnoid haemorrhage means bleeding into
the subarachnoid space, which lies between the arachnoid
mater and the pia mater.
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35. The possible consequences of subarachnoid
haemorrhage include severe headache, vomiting, loss or
alteration of consciousness, seizures, confusion and
memory problems, weakness or paralysis, speech
difficulties, and problems with vision or coordination. It
may also result in hydrocephalus, which refers to an
abnormal accumulation of cerebrospinal fluid within the
brain, and cerebral vasospasm, which is narrowing of
blood vessels that may reduce blood flow to the brain and
cause further brain injury. In some cases, it may result in
permanent cognitive or neurological impairment
36. In Ex.P5, it is also mentioned that the petitioner
had sustained a bilateral frontoparietal lesion. This is
primarily an anatomical description rather than a diagnosis
by itself. The expression “ bilateral ” means involving both
sides. “Frontal” refers to the frontal lobes of the brain,
whereas “parietal” refers to the parietal lobes. Therefore,
“ bilateral frontoparietal ” means that the damaged
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tissue is present in the frontal and parietal regions on both
sides of the brain.
37. The frontal lobes are important for functions
such as planning and decision-making, attention and
concentration, behaviour and personality, voluntary
movements and speech production, particularly on the
dominant side.
38. The parietal lobes are involved in sensation and
perception, processing and coordination of sensory
information, understanding the position and movement of
different parts of the body, and spatial awareness.
39. At this stage, it is also necessary to understand
the meaning of the word “lobe”. In medical terminology, a
lobe means a distinct anatomical section or division of an
organ. In the context of the brain, it is divided into several
major lobes, each of which performs different functions.
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40. Therefore, if a CT scan or MRI report records a
finding such as “ bilateral frontoparietal subdural
haemorrhage ”, it would mean that the bleeding is
located over the frontal and parietal regions on both sides
of the brain. Depending upon the severity and extent of
the involvement, such an injury may be associated with
headache, confusion, impaired concentration, memory
problems, weakness, sensory disturbances, difficulty with
coordination, behavioural changes or other neurological
deficits.
41. It is relevant to note that the petitioner has
examined Dr. Rajendra Kothari as PW2. However, PW2 has
not stated in his evidence that the petitioner was actually
suffering from all the aforesaid problems or residual
effects. Therefore, it would neither be possible nor prudent
for this Court to conclude, merely on the basis of the
medical terminology contained in Ex.P5, that the petitioner
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had in fact suffered all the aforesaid residual consequences
or neurological deficits.
42. Having held so, it is nevertheless necessary to
observe that, having regard to the nature and severity of
the injuries sustained by the petitioner and the possible
residual consequences thereof on the day-to-day activities
of a person, the difficulties or problems that may have
been experienced by the petitioner, Smt. Ambika, cannot
be ignored or treated lightly. At the same time, the
assessment has to be made on the basis of the evidence
available on record. The said injuries and their possible
consequences, therefore, deserve due consideration and
appropriate weight while assessing the overall impact of
the injuries sustained by the petitioner.
43. In Ex.P5, it is also mentioned that the petitioner
has suffered diffuse cerebral edema . Diffuse cerebral
edema means widespread swelling of the brain. “ Diffuse ”
means spread over a large or widespread area, rather
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than being confined to one small region. “ Cerebral ”
means relating to the brain. “ Edema ” means swelling
caused by accumulation of excess fluid in the tissues.
Therefore, diffuse cerebral edema means widespread
swelling of the brain due to an increase in fluid within the
brain tissue.
44. The possible consequences or ill effects of
diffuse cerebral edema may include the following:
(i) Raised intracranial pressure : As the brain
swells within the fixed space of the skull, the pressure
inside the skull may increase.
(ii) Reduced blood flow to the brain : Increased
intracranial pressure may compress the blood vessels and
thereby reduce the supply of blood and oxygen to the
brain tissue.
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(iii) Altered consciousness : The person may
develop drowsiness, confusion, disorientation or reduced
responsiveness.
(iv) Neurological deficits : Depending upon the
areas of the brain affected, the patient may develop
problems relating to movement, speech, vision, memory,
coordination or other brain functions.
(v) Brain herniation : In severe cases of cerebral
edema, excessive pressure may cause the brain tissue to
shift from its normal position. This condition is known as
brain herniation and is a life-threatening complication.
(vi) Permanent brain injury : If the swelling is
severe or prolonged and the brain does not receive
adequate blood and oxygen, irreversible neurological
damage may occur.
45. Therefore, the presence of diffuse cerebral
edema cannot be ignored. At the same time, it is
necessary to bear in mind that the mere presence of
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diffuse cerebral edema in a medical record does not, by
itself, establish that all the aforesaid consequences
actually occurred in the case of the petitioner. The actual
clinical consequences have to be assessed with reference
to the medical records, clinical findings and neurological
condition of the petitioner.
46. Having understood the meaning of the medical
terminology employed in Ex.P5, this Court now proceeds
to consider the evidence of PW2-Dr. Rajendra Kothari.
PW2 has filed his affidavit under Order XVIII Rule 4 of the
CPC in lieu of his examination-in-chief. At page No.2 of the
said affidavit, the doctor has referred to the complaints
narrated by the petitioner. This Court is conscious of the
fact that the possibility of a petitioner exaggerating or
even feigning certain complaints cannot be completely
ruled out. Therefore, this Court cannot merely proceed on
the basis of the complaints narrated by the petitioner-
Ambika.
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47. It is, however, relevant to note that under the
caption "Examination of Patient", the doctor has recorded
that the patient was slow in understanding routine
commands and that her pulse, respiration and
temperature were within normal limits. He has further
noted suture wounds over the left eye and the left side of
the cheek; tenderness over the vault and paraesthesia
over the scalp; flabby tone and reduced power in the right
upper and lower limbs, with stiffness of movements
suggestive of upper motor neuron paralysis; unstable and
walking with short steps while swaying from side to side
postural giddiness and reeling and involuntary movement
of muscle.
48. Thus, the observations made by the doctor that
the patient was slow in understanding routine commands
and that she had reduced power with features suggestive
of upper motor neuron involvement in the right upper and
lower limbs are of considerable significance. These are not
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merely complaints narrated by the petitioner, but clinical
observations recorded by the doctor upon examination of
the patient.
49. It is relevant to recall that, while discussing the
residual consequences of diffuse axonal injury, subdural
haemorrhage, diffuse cerebral oedema and bilateral
frontoparietal involvement, this Court has already
observed that such injuries may result in reduced muscle
strength, weakness of the limbs, impairment of gait or
walking pattern, giddiness and reeling, and difficulty in
understanding routine commands. The clinical findings
recorded by PW2 are, therefore, consistent with the
possible residual consequences of the injuries sustained by
the petitioner.
50. Accordingly, the evidence of PW2 inspires
confidence in this Court. However, it would not be
appropriate for this Court to arrive at a final conclusion
without examining his cross-examination. The learned
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counsel appearing for the Insurance Company has cross-
examined PW2. The cross-examination, insofar as the
disability assessed by the doctor is concerned, primarily
consists of general suggestions that the doctor had issued
the disability certificate only to help the petitioner and that
the difficulties complained of by the petitioner had been
exaggerated. PW2 has specifically denied these
suggestions.
51. It was further suggested to PW2 that the
petitioner had sustained injuries in the year 2018 and that
the disability certificate was issued by him only in the year
2020. PW2 admitted the said suggestion. In the
considered opinion of this Court, the mere time gap
between the date of the accident and the date of
assessment of disability, by itself, is not sufficient to
disbelieve the evidence of the doctor. On the contrary,
disability is ordinarily assessed after the patient has
undergone the necessary and possible medical treatment
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and the condition has attained a reasonable degree of
stability.
52. In the present case, even after a lapse of about
two years from the date of the accident, the petitioner
continued to have the aforesaid clinical problems. This
circumstance lends support to the opinion that the
possibility of substantial further improvement was remote.
Therefore, this Court is of the considered opinion that the
petitioner has suffered serious and continuing functional
difficulties as a consequence of the accidental injuries
sustained by her in the accident, which is the subject
matter of MVC No.329/2019 before the Tribunal.
53. Further, it is important to note that, in his
cross-examination, PW2-Dr. Rajendra Kothari has
admitted that he had not treated the petitioner and had
only issued the disability certificate after assessing the
disability of the petitioner. This admission of PW2-Doctor
has been highlighted by the learned counsel for the
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Insurance Company. However, it is well settled that
merely because a non-treating doctor has assessed the
disability of an injured person, that by itself is not
sufficient to disbelieve or discard the evidence of such
doctor, provided his evidence is consistent with medical
science and is otherwise acceptable. In the preceding
paragraphs of this judgment, this Court has discussed the
residual consequences of the injuries sustained by the
petitioner and has also noticed that the evidence of PW2-
Doctor is in conformity with such residual consequences.
Therefore, what this Court initially considered to be
possible consequences of the injuries have, in fact,
become a reality. Hence, due importance has to be given
to the problems being faced by the petitioner. In the
considered opinion of this Court, since the evidence of
PW2-Doctor is consistent with medical science, there is no
reason to disbelieve the same merely on the ground that
he had not treated the petitioner. Accordingly, this Court
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accepts the evidence of PW2-Doctor and holds that the
same inspires confidence.
54. Having held so, it is again necessary to note
that PW2-Doctor has assessed the whole-body disability of
the petitioner at 37%. The impugned judgment shows that
the Tribunal, having noticed that PW2 was not the treating
doctor, reduced the assessment and assessed the
permanent physical impairment of the petitioner at 15%.
In the considered opinion of this Court, having regard to
the residual consequences of the injuries sustained by the
petitioner, it is not possible to state with mathematical
precision that the petitioner has suffered only 15%
disability. However, this Court is conscious of the fact that
the functional disability of the petitioner has to be
determined by considering the medical problems suffered
by her and evaluating the same in the light of her
avocation. The record shows that the petitioner contends
that, prior to the accident, she was doing household work
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as well as coolie work and was earning Rs.12,000/- per
month. For performing household chores and coolie work,
the use of healthy and functional limbs is essential.
Further, in view of the loss of strength, including paralysis
of the upper right upper and right lower limbs, coupled
with the change in her gait, giddiness, reeling sensation
and slowness in understanding routine commands, the
functional disability of the petitioner cannot, in the
considered opinion of this Court, be confined to 15%.
55. Having regard to the overall medical condition
and the nature of the avocation of the petitioner, this
Court is of the opinion that, if the whole-body disability is
assessed at 30%, the ends of justice would be met.
Accordingly, this Court concludes that the petitioner has
suffered 30% whole-body disability.
56. The record shows that the learned Tribunal has
awarded a sum of Rs.25,000/- towards pain and suffering.
In the preceding paragraphs of this judgment, this Court
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has discussed the nature of the injuries sustained by the
petitioner, Ambika, and the residual or possible
consequences of those injuries on the human body.
Further, a perusal of Ex.P5 reveals that the petitioner had
sustained severe bleeding in the occipital region, bilateral
frontoparietal lesions, diffuse cerebral oedema, subdural
haemorrhage and diffuse axonal injury. The nature and
severity of these injuries demonstrate that the petitioner
must have undergone considerable pain and suffering.
Therefore, in the considered opinion of this Court, if the
compensation awarded under the head of pain and
suffering is enhanced from Rs.25,000/- to Rs.50,000, the
ends of justice would be met.
57. The learned Tribunal has awarded a sum of
Rs.1,54,000/- towards medical expenses after examining
the medical documents produced by the petitioner, Smt.
Ambika. The record reveals that, apart from the medical
documents produced before the Tribunal, the petitioner
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has not produced any further material to establish that she
subsequently incurred additional medical expenses.
Therefore, in the considered opinion of this Court, no
further compensation is warranted under the head of
medical expenses.
58. The learned Tribunal has awarded a sum of
Rs.6,300/- towards food and extra nourishment and
medical attendant charges. In the considered opinion of
this Court, the amount awarded under this head is on the
lower side. It is necessary to reiterate that the petitioner
sustained severe head injuries, which resulted in several
complications, including neurological problems and
reduced strength in the right upper and lower limbs.
Having regard to the nature and severity of the injuries,
the petitioner would have required adequate nutritious
food during her recovery. Therefore, this Court considers it
appropriate to enhance the compensation towards food
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and extra nourishment to Rs.20,000/-, which would meet
the ends of justice.
59. The record further shows that the petitioner,
Ambika, was treated as an inpatient for a period of 21
days. It is common knowledge that a person who sustains
severe head injuries and undergoes inpatient treatment
for such a period cannot resume normal activities
immediately after discharge from the hospital. The injured
person would ordinarily require adequate rest and
assistance in carrying out day-to-day activities during the
recovery period. In the present case, having regard to the
nature of the injuries, it would be reasonable to consider a
period of three months for such assistance. During this
period, the services of an attendant, whether a family
member or an outsider, would be required to attend to the
needs of the injured person. The person providing such
assistance would also have to devote considerable time
and attention to the care of the injured person, thereby
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foregoing some of their usual day-to-day activities.
Therefore, in the considered opinion of this Court, an
amount of Rs.30,000 towards medical attendant charges
would be just and reasonable.
60. The learned Tribunal has awarded a sum of
Rs.5,000/- towards conveyance charges. As noted above,
the petitioner underwent inpatient treatment for a period
of 21 days. Having regard to the duration of her
hospitalisation, it is reasonable to infer that her family
members might have visited the hospital and attended to
her needs, thereby incurring expenditure towards
transportation. Considering these circumstances, this
Court is of the considered opinion that enhancing the
compensation towards conveyance charges to Rs.20,000/-
would be just and reasonable and would meet the ends of
justice.
61. The impugned judgment shows that the learned
Tribunal has awarded a sum of Rs.23,500/- towards loss
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of income during the laid-up period. The record further
shows that the learned Tribunal assessed the monthly
income of the petitioner, Ambika, at Rs.11,750/- by
relying upon the notional income chart published by the
KSLSA. The accident in which Smt. Ambika sustained
th
severe injuries occurred on 9 October, 2018. The KSLSA
notional income chart prescribes Rs.11,750/- per month
for the year 2018. Therefore, at first blush, the
assessment made by the learned Tribunal appears to be in
accordance with the prescribed notional income.
62. Even if the petitioner were entitled to loss of
income for only two months during the laid-up period, the
compensation under the said head would work out to
Rs.32,900/-. However, in the preceding paragraphs of this
judgment, this Court has concluded that, having regard to
the nature and severity of the injuries sustained by the
petitioner, she would have required complete rest for a
period of three months. Therefore, this Court is of the
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considered opinion that awarding a sum of Rs.49,350/-
towards loss of income during the laid-up period, being the
income for three months calculated at Rs.16,450/- per
month, would meet the ends of justice.
63. The record further shows that the learned
Tribunal has awarded a sum of Rs.3,80,700/- towards loss
of future income. It is evident from the impugned
judgment that the learned Tribunal assessed the monthly
income of the petitioner at Rs.11,750/- without adding any
amount towards future prospects. This Court is of the
considered opinion that the learned Tribunal ought to have
added 40% of the assessed income towards future
prospects.
64. In National Insurance Company Limited v.
Pranay Sethi reported in 2017 (16) SCC 680 , the
Hon’ble Supreme Court has laid down the principles
governing the addition of future prospects while
determining compensation. In the case of a self-employed
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person below the age of 40 years, an addition of 40% of
the established income is ordinarily required to be made
towards future prospects. The record shows that, as on
the date of the accident, the petitioner, Ambika, was aged
about 22 years and was working as a coolie. Therefore, an
addition of 40% to her assessed monthly income is
warranted towards future prospects. Accordingly, the
monthly income of the petitioner, including future
prospects, works out to Rs.16,450/- (Rs.11,750/- +
Rs.4,700/-). Further, the loss of future income would work
out to Rs.10,65,960/- (16,450x12x18x30%).
65. The record further shows that the learned
Tribunal has awarded a sum of Rs.5,000/- towards loss of
future amenities. In the considered opinion of this Court,
having regard to the nature and severity of the injuries
sustained by the petitioner and their residual
consequences on her physical functioning, the petitioner is
likely to be deprived of several amenities of life. Therefore,
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the amount awarded under this head is on the lower side.
Accordingly, the compensation towards loss of future
amenities is enhanced from Rs.5,000 to Rs.40,000/-.
66. In view of the foregoing discussion, this Court
concludes that the petitioner, Smt. Ambika, is entitled to
the following compensation under the respective heads:
Sl.
Compensation
awarded by
the Tribunal
Compensation
awarded by this
Court
NO
Heads
1. Pain and suffering Rs.25,000/- Rs.50,000/-
2. Medical Expenses Rs.1,54,000/- Rs.1,54,000/-
3. Food and extra
nourishment and Rs.6,300/- Rs.30,000/-
medical attendant
4. Conveyance
Rs.5,000/- Rs.20,000/-
charges
5. Loss of income
during laid up Rs.23,500/- Rs.49,350/-
period
6. Loss of future
Rs.3,80,700/- Rs.10,65,960/-
income
7. Deprivation of
Rs.5,000/- Rs.40,000/-
future amenities
Total Rs.5,99,500/- Rs.14,09,310/-
Enhanced
compensation
Rs.8,09,810/-
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67. Hence, the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award passed by
Tribunal in MVC No.329/2019 is modified to
the aforesaid extent.
iii. The appellant/petitioner shall be entitled to
enhanced compensation of Rs.8,09,810/-
with interest at the rate of 6% per annum
from the date of claim petition till its
realization.
iv. The respondent No.2 - Insurance Company
is directed to deposit the enhanced
compensation within six weeks from receipt
of certified copy of this judgment.
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v. The deposit and release of the enhanced
compensation shall be as per the order of
the Tribunal.
Sd/-
(BRUNGESH M)
JUDGE
BL
LIST NO.: 2 SL NO.: 1/CT:SI