Karnataka High CourtTransport, Maritime, and Aviation LawInsurance Law

Karnataka HC Raises Injured Constable’s Compensation To ₹3.66 Lakh, Counting 264 Used Leave Days While Retaining 20% Contributory Negligence

SRI. G. T. SOMAIAHv.THE MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED

Karnataka HC Raises Injured Constable’s Compensation To ₹3.66 Lakh, Counting 264 Used Leave Days While Retaining 20% Contributory Negligence. SRI. G. T. SOMAIAH vs THE MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED. Karnataka High Court. LawLens
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In brief

The question

1. Whether the claimant established that he bore no contributory negligence for the accident.

The court held

The appeal was allowed in part. The Court affirmed the finding of 20% contributory negligence but increased the total compensation to ₹4,58,415 before deduction and awarded the claimant 80% of that sum, namely ₹3,66,732, with interest at 6% per annum from the petition date until realization.

It also directed

The insurer was directed to deposit the amount with accrued interest within eight weeks and was permitted to recover it from the owner; disbursement and deposit were to follow the Tribunal’s order.

01Facts

On 30 September 2021, the claimant, a police constable, was injured when a motorcycle struck him as he crossed a road after alighting from a Hoysala vehicle.

p. 3

The Tribunal found him 20% contributorily negligent, awarded compensation under several heads, and directed the insurer to pay and recover from the owner because the rider lacked a valid and effective driving licence.

p. 3

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, challenging the finding of contributory negligence and seeking enhanced compensation.

p. 3

02Issues

i.1. Whether the claimant established that he bore no contributory negligence for the accident.

p. 6

ii.2. Whether the claimant was entitled to enhanced compensation.

p. 6

03Law Applied

The Court considered the appeal under Section 173(1) of the Motor Vehicles Act, 1988.

p. 2

contributory negligence may proportionately reduce a claimant’s compensation

p. 7

a medical disability does not, without evidence of its effect on employment or earning capacity, establish functional disability

p. 8

leave used because of an accident may constitute a compensable loss where the claimant could otherwise have encashed it

p. 9

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

The Court upheld the 20% contributory-negligence finding because the claimant crossed the road at night, and the complaint, further statement, sketch and panchanama supported the Tribunal’s assessment.

p. 7

It declined to treat the claimant’s medical disability as functional disability because he had not shown that it caused him to leave his job, affected promotion prospects, or led to reassignment.

p. 8

However, the claimant’s evidence established that he had taken 264 days of leave due to the accident; since that leave could have been encashed, the Court assessed the loss using a monthly income of ₹31,590 and awarded ₹2,77,992 under that head.

p. 8

It also increased compensation for pain and suffering and loss of amenities, while leaving the amounts for conveyance, nourishment, attendant charges and medical expenses unchanged.

p. 10

05Holding

The appeal was allowed in part. The Court affirmed the finding of 20% contributory negligence but increased the total compensation to ₹4,58,415 before deduction and awarded the claimant 80% of that sum, namely ₹3,66,732, with interest at 6% per annum from the petition date until realization.

p. 10

The insurer was directed to deposit the amount with accrued interest within eight weeks and was permitted to recover it from the owner; disbursement and deposit were to follow the Tribunal’s order.

p. 11
Karnataka High Court

Original Court PDF

SRI. G. T. SOMAIAHvsTHE MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED

Karnataka High Court · October 30, 2026

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