SRI PRAVEENA vs CHOLAMANDALAM

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:47362
MFA No. 4306 of 2017


CNR: KAHC010328672017




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF AUGUST, 2026


BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 4306 OF 2017 (MV-I)


BETWEEN:

SRI. PRAVEENA
S/O RAJU K.V
AGED ABOUT 26 YEARS,
R/AT ARISHINAKUNTE,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
(SINCE THE APPELLANT IS OF UNSOUND MIND,
HE IS REPRESENTED BY HIS MOTHER
SMT. LAKSHMAMMA)
…APPELLANT










(BY SRI. KRISHNA VENKATRAMAN NAIK, ADVOCATE)

AND:

1. CHOLAMANDALAM
MS. GENERAL INSURANCE CO. LTD.,
6TH FLOOR, NEAR SUJATHA THEATER,
GOLDEN HEIGHTS BUILDING,
RAJAJINAGAR, BENGALURU - 560 010,
REP. BY ITS MANAGER.

2. SRI. K. VIJAY POOJARI
R/AT NO.83, 17TH KB MAIN
KHB COLONY, 5TH BLOCK,
KORAMANGALA,
Digitally signed
by KHAJAAMEEN
MALAGHAN
Location: HIGH
COURT OF
KARNATAKA

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BENGALURU - 560 095.
…RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH ON 15.06.2026)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.12.2016 PASSED IN MVC
NO.3273/2015 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE AND XIX ACMM, MEMBER-MACT,
BENGALURU(SCCH-23), 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 MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 16.12.2016 passed in MVC
No.3273/2015 on the file of the XXI Additional Small
Causes Judge and XIX ACMM, Member-MACT, Bengaluru
(SCCH-23), seeking enhancement of the compensation.

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MFA No. 4306 of 2017


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2. Heard the arguments of learned counsel for the
both sides. The ranks of the parties are retained as per
Tribunal for the sake of convenience.
3. The petitioner/injured claimant met with an
accident on 25.05.2015 and filed petition before the
Tribunal for compensation of Rs.50,00,000/-. The Tribunal
considering the entire evidence on record granted an
amount of Rs.10,15,774/- with interest at the rate of 6%
p.a., from the date of filing the petition till the date of
deposit.
4. Aggrieved by the said order, this appeal is filed
and mainly contended that the doctor opined that the
appellant sustained right hemi paresis secondary to the
left basal ganglia. He was intubated, catherized and
medicated and thereafter referred to NIMHANS. He
underwent tracheostomy and discharged on 04.07.2015.
The petitioner has sustained grievous injuries and the
doctor assessed the disability at 75% to the whole body.

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As the petitioner was working as a carpenter, the
functional disability is to be taken as 100%. The amounts
granted by the Tribunal under the other heads are
meager. Therefore, requested for enhancement of the
compensation.
5. Learned counsel for the respondents stated that
during the pendency of the proceedings, the petitioner was
referred to the NIMHANS and where the disability was also
assessed at 75%. Therefore, requested the Court to take
the disability as per the medical evidence.
6. Learned counsel for the appellant placed
reliance upon Civil Appeal No. ___ of 2026 (Diary
No.37186/2023), in the case of R. Halle Vs. Reliance
General Insurance Company Limited , wherein the
Medical Board has assessed the disability of the claimant
at 63%. But considering the nature of the claimant’s
occupation, the Hon’ble Supreme Court taken the disability
as 100%. Learned counsel also relied upon the decision of

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the Hon’ble Supreme Court in Kajal Vs. Jagdish Chand
1
and Ors , wherein the claimant aged 12 years and
sustained injuries in the accident and his disability was
assessed as 100%. The reliance was placed on the
judgment of this Court in MFA No.1405/2021, dated
01.07.2026, wherein though the doctor has assessed the
disability at 82.25%, this Court has taken the disability as
100%. It is stated that petitioner was aged 24 years and
he was doing carpenter work and earning Rs.15,000/- per
month, but he has not filed any income proof. As he met
with an accident in the year 2015, this Court finds that it is
just and reasonable to take his notional income as
Rs.9,000/- per month, as per the chart prepared by the
Karnataka State Legal Services Authority. The Tribunal has
taken the petitioner’s age as 26 years, as per Ex.P.13.
Therefore, the relevant multiplier is ‘17’. The Petitioner has
filed Ex.P.8-wound certificate, Ex.P.14-discharge summary
and Ex.P.22-case sheet. Apart from that, he examined the

1
AIR 2020 SC 776

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doctor as PW.1, who is a consultant neurosurgeon. PW.1
stated that the petitioner sustained trauma while crossing
the road near Nelamangala/Tumakuru road on
24.05.2015. He was initially evaluated at MS Ramaiah
Hospital, Bengaluru. He sustained head injury and was
deeply unconscious. He was referred to NIMHANS,
Bengaluru. C.T. scan of brain was done at NIMHANS and it
revealed bleed clot on the left deep in the brain. He was
referred general hospital with treatment instructions. He
was subsequently admitted and treated at NRR Hospital,
Bengaluru. The petitioner’s current problems are:
"1) Right side spastic hemiparesis

2) Impairment of speech

3) Impaired memory

4) Behavioral disturbances"

The neuropsychological assessment was done on
06.02.2016. The petitioner was below average in
reasoning, thinking and memory. His speech was slow and
unclear. He also has dysfunction of frontal lobe, parietal

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lobe and temporal lobe. CT scan of the brain was done on
02.02.2016. It revealed a large cavity on the left side deep
in the brain. This cavity in his brain is due to the head
injury sustained and is permanent. The doctor has
assessed the total disability as 75% pertaining to the
whole body, which is permanent in nature. It is stated that
the petitioner requires medication, physiotherapy, speech
therapy and rehabilitation. During the pendency of the
proceedings, again he was referred to medical board and
in a report dated 03.07.2026, it was held that he has
cerebrovascular accident with right hemiparesis with
disability of 75%.
7. Admittedly, the petitioner was aged 26 years at
the time of the accident and was doing manual work as a
carpenter. Due to the injuries sustained by him and the
disability caused to him, he would not be in a position to
pursue his avocation in future at any point of time.
Therefore, this Court finds that it is just and reasonable to
take his functional disability at 100%, as per the above

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citations. As the petitioner has sustained more than 20%
disability, in view of the decision of this Court in New
India Assurance Company Vs. Abdul S/o. Mehaboob
Tahasildar and Others in MFA No.103807/2016 ,
dated 27.05.2022 , he is entitled to future prospects. The
petitioner was aged 26 years. Therefore, he is entitled to
40% towards future prospects. Accordingly, the loss of
future earning capacity comes to Rs.25,70,400/-
(9,000+40%x12x17x100%). The petitioner was admitted
in the hospital for a period of 38 days. The Tribunal
already granted Rs.75,000/- towards pain and suffering,
Rs.50,000/- towards discomfort, inconvenience, and loss
of earnings to the parents during the period of
hospitalization, Rs.50,000/- towards loss of marriage
prospectus, Rs.1,00,000/- towards transportation, extra
nourishment and attendant charges and Rs.3,32,774/-
towards medical expenses and the said amounts are
confirmed.

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8. Thus in all, compensation awarded by this Court
is as below:
Sl.Nos. Particulars Amount in Rs.
1. Towards pain and suffering 75,000/-
2 Towards medical expenses 3,32,774/-
3 Towards discomfort,
inconvenience, and loss of
earnings to the parents during
the period of hospitalization
50,000/-
4. Towards transportation extra
nourishment and attendant
charges
1,00,000/-
5 Towards loss of marriage 50,000/-
prospectus
6 Towards loss of future earning 25,70,400/-
capacity
Total 31,78,174/-

9. Hence, the appellant-claimant is entitled for a
total compensation of Rs.31,78,174/- along with interest
at the rate of 6% p.a.
10. In the result, the following order is passed:

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MFA No. 4306 of 2017


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ORDER
i. This appeal is allowed in part.

ii. The judgment and award dated 16.12.2016
passed in MVC No.3273/2015 on the file of
the XXI Additional Small Causes Judge and
XIX ACMM, Member-MACT, Bengaluru
(SCCH-23), is modified.

iii. The claimant is entitled to a sum of
Rs.31,78,174/- along with interest at 6%
p.a., from the date of petition till the date
of realization, instead of Rs.10,15,774/-
granted by the Tribunal.

iv. Respondent No.1/Insurance Company has
already deposited the award amount before
the Tribunal. Therefore, respondent
No.1/Insurance Company is directed to
deposit enhanced compensation of
Rs.21,62,400/- , along with the interest at

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the rate of 6% within one month from the
date of this order.

v. On such deposit, the petitioner is permitted
to withdraw the entire amount along with
interest accrued on it.


Sd/-
(P SREE SUDHA)
JUDGE

AMA
List No.: 1 Sl No.: 24