Lokesh B vs. Suryanarayana Raju Jaggaraju

2025 INSC 939
NON-REPORTABLE


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2025
(@ SPECIAL LEAVE PETITION (C) NO(S).22050-22051 OF 2023)


LOKESH B …APPELLANT(S)


VERSUS


SURYANARAYANA RAJU
JAGGARAJU & ANR. …RESPONDENT(S)


J U D G M E N T
ARAVIND KUMAR, J.
1. Leave granted.
2. These appeals have been filed assailing the common judgment and
order dated 02.08.2021 passed by the High Court of Karnataka at Bengaluru
in MFA Nos. 5356/2018 (MV) and 3155/2018 (MV), arising from the award
dated 20.02.2018 passed by the Motor Accident Claims Tribunal, Bengaluru
(MVC No. 8056/2016). By the impugned judgment, the High Court partly
Signature Not Verified
Digitally signed by
Nirmala Negi
Date: 2025.08.06
18:43:25 IST
Reason:
allowed the appeal preferred by the insurer, dismissed the claimant’s appeal
for enhancement, and modified the quantum of compensation while
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affirming the finding of 20% contributory negligence on the part of the
claimant.
3. The accident occurred on 19.11.2016 at approximately 6:00 a.m. on
the Peenya flyover, Bengaluru. The appellant, aged 38 years and engaged in
the tailoring business, was driving an Omni car bearing registration KA-52-
M-4021 when it collided with lorry (AP-04-TX-4507), allegedly parked in
the middle of the flyover without indicators or reflective caution. The
appellant sustained grievous head and bodily injuries, including skull
fractures, frontal hemorrhage, optic nerve trauma with resultant visual
impairment, and bilateral wrist fractures. He was first treated at Premier
Sanjeevini Hospital and later hospitalized at Sparsh Hospital from
19.11.2016 to 05.12.2016.
4. The Tribunal determined the appellant’s monthly income at ₹8,000/,
applied the multiplier of 15 (age 38), assessed disability at 35%, and by
adding 50% of his income towards loss of future prospects, awarded a total
compensation of ₹17,01,140/- which was reduced to ₹13,60,912/- after
applying 20% deduction for contributory negligence. On appeal, the High
Court revised the income to ₹9,500/- but omitted future prospects, retained
disability at 35%, and awarded ₹16,74,640/-. After applying 20% deduction
towards contributory negligence, the net amount awarded was ₹13,44,712/-.
Hence, these appeals.
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5. The learned counsel for the appellant fairly submitted that the finding
of 20% contributory negligence is not pressed and said finding may be
affirmed. The concession is recorded and, having considered the
circumstances of the case, we find no reason to disturb conclusion so arrived
at by courts below.
6. The only issue that arises for our consideration is whether the High
Court erred in excluding future prospects and adopting a lower percentage
of disability, thereby resulting in less compensation being awarded. We find
merit in the appellant’s submission on both counts.

7. The monthly income of ₹9,500/-, as fixed by the High Court is
accepted by both sides during the course of hearing, is affirmed. Though the
appellant is self-employed, the law is now well settled that such claimants
are entitled to future prospects. In Santosh Devi v. National Insurance
1
Company Limited and Others , this Court extended future prospects to self-
employed persons. In National Insurance Company Limited v. Pranay
2
Sethi and Others , , this view was reiterated. We therefore add 40% towards
future prospects.
8. As regards disability, the evidence of PW3 Dr. Prathibha Sharan,
Neuropsychologist from NIMHANS, who assessed neuro-behavioural and

1
(2012) 6 SCC 421

2
(2017) 16 SCC 680
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cognitive disability at 41.77% using validated testing (NIMHANS Battery),
was neither rebutted nor doubted. There was no contrary medical evidence.
The Tribunal and High Court adopted 35% without any reasoning. We
therefore take the functional disability at 41.77%.
9. The recalculated compensation for loss of future earning capacity is
as follows:

10. The other heads of compensation awarded by the High Court are
maintained. Accordingly, the total revised computation would be as follows:

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11. Accordingly, the impugned judgment dated 02.08.2021 is modified
to the extent above. The total compensation payable to the appellant stands
enhanced to ₹16,60,891/-, which shall carry interest at the rate of 6% per
annum from the date of claim petition till payment or deposit whichever is
earlier. The enhanced amount, after deducting sums already paid, shall be
deposited by M/s Shriram General Insurance Co. Ltd., within six (6) weeks
from today before the jurisdictional tribunal and shall be disbursed to the
appellant forthwith.

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12. The Registry is directed to forward a copy of this judgment to the
Motor Accident Claims Tribunal, Bengaluru, and the Registrar General of
the High Court of Karnataka for appropriate compliance and record.
13. Accordingly, the present appeals stand disposed of, no order as to
costs, all pending applications, if any, stand disposed of.


…………………………………., J.
[SUDHANSHU DHULIA]




………………………………….,J.
[ARAVIND KUMAR]

New Delhi;
August 06, 2025


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