The Oriental Insurance Co LTD. vs. Sri Krishna Prasad H K
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Cause title — parties, addresses and appearances
ORAL JUDGMENT MFA No.6886/2025 is filed by the claimant seeking enhancement of compensation and MFA No.3165/2025 is filed by the insurer challenging the quantum of compensation awarded in the judgment and award dated 03.02.2025 passed in MVC No.4805/2021 by Judge, Court of Small Causes and MACT, Bangalore (SCCH-9).
The claimant made a claim petition praying to award compensation for injuries sustained by him in a road traffic accident occurred on 07.09.2021, contending that the accident occurred due to the rash and negligent driving of driver of the car bearing registration No.KA- 41/MA-9374. The Tribunal after recording evidence, appreciating the evidence on record has assessed the compensation and awarded the compensation under various heads as under: Sl.No. Heads Amount in (Rs.)
Towards Pain and Suffering 40,000/-
Towards Medical Expenses 3,12,330/-
Towards Food and extra nourishment, conveyance 7,000/- SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 and medical attendant
Towards loss of income during treatment 30,000/-
Towards loss of future earning 3,67,200/-
Deprivation of Future amenities 10,000/-
Future Medical Expenses 10,000 Total 7,76,530/-
The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed the insurer to deposit the award amount with interest. The claimant has filed appeal seeking enhancement of compensation and the insurer has filed appeal challenging the quantum of compensation awarded.
Heard learned counsel for claimant and learned counsel for insurer.
Learned counsel for insurer would contend that the doctor who has given evidence regarding disability is not treated doctor and disability stated by him and taken by the Tribunal is on higher side. The claimant is stated to SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 be real estate agent and even after accident he continued the said avocation. Therefore, he is not entitled for loss of future income due to disability. The Tribunal while awarding medical expenses has excluded the medical bills contained in Ex.P1 at Sl.Nos. 23, 24, 27, 29 and 31. Apart from these bills, bills at Sl.Nos.6, 20 and 21 pertain to the receipts of payment of Rs.1,35,000/- which is bill amount at bill at Sl.No.
Therefore, they are to be excluded. She further submits that bills at Sl.Nos.14 to 16, 23, 24, 27, 29 and 30 does not bear signature and seal and bills at Sl.Nos.17, 18, 28, 30, 32 and 33 are the Xerox copies and exclude the award of medical expenses of those bills. She submits that the compensation awarded on all heads is on higher side and prays to allow the appeal filed by the insurer.
Learned counsel for claimant would contend that the claimant has sustained two fractures. Considering the same, the compensation awarded towards pain and suffering and loss of amenities are on lower side. The SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 doctor has stated that the claimant has to undergo surgery for removal of implant. Considering the same, compensation awarded towards future medical expenses is on lower side. P.W.3 -doctor has stated that the claimant has sustained disability at 42% to the lower limb and 14% to the whole body and the Tribunal has erred in taking the disability at 12%. The medical bills even though doesn't contain signature, there is mention of GST number and they are tax invoices and at this period of time in 21st century, one should not insist for seal and signature on the bills as they are computer generated. With these, he prays to allow the appeal filed by the claimant and for enhancement of the compensation.
Having heard learned counsels, the Court has perused impugned judgment, award and trial Court Records.
The accident occurred on 07.09.2021 and as on the date of the accident, the claimant was aged 30 years. SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 Considering the said age of the claimant, the Tribunal has rightly applied multiplier ‘17’. The Tribunal has also rightly taken the notional income fixed for the year 2021 at Rs.15,000/- per month on the ground that the claimant has not established his income.
The claimant has sustained the following injuries: i) Fracture of left shin bone (tibia) ii) Fracture of left acromion.
Considering the said fractures, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- is enhanced to Rs.60,000/- and loss of amenities awarded in a sum of Rs.10,000/- is enhanced to Rs.30,000/-. Considering the said fractures, the Tribunal has rightly awarded loss of income during laid up period for 02 months. The claimant has been admitted in the hospital for 05 days. Considering the same, the claimant is entitled to a sum of Rs.5,000/- (Rs.1,000/- x 5 days) SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 towards attendant, conveyance charges, food and nourishment etc., as against Rs.7,000/- as awarded by the Tribunal. P.W.3 -doctor has stated that the claimant has to undergo surgery for removal of implant. Therefore, the claimant is entitled to future medical expenses of Rs.30,000/- as against Rs.10,000/- as awarded by the Tribunal.
P.W.3 is doctor who has examined the claimant and assessed his disability and stated that the claimant has sustained 42% disability to left lower limb and 14% to the whole body. In cases of disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body. Therefore, disability to be taken is 14% (1/3rd of 42%). Considering the said aspect, the loss of future earning due to disability is calculated as under: Rs.15,000/- x12x17x14% = Rs.4,28,400/-.
The Tribunal has awarded medical expenses of Rs.3,12,330/- based on the medical bills produced at SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 Ex.P1 by excluding bills at Sl.Nos.2, 3, 23, 24, 27, 29 and 31. The bill at Sl.No.2 and 3 are tax invoices and therefore, their exclusion by the Tribunal is not proper. Bills at Sl.Nos.23. 24, 27, 29 and 31 are tax invoice issued by healthcare department and bills contains GST number and therefore, their exclusion by the Tribunal only on the ground that it doesn't contain signature is not proper. The claimant is entitled to bills amount of the said bills.
The bill at Sl.No.4 issued by Sparsha Hospital and total bill amount is Rs.1,35,000/- (after discount). The bill at Sl.No.6 is advance payment of Rs.50,000/-, bill at Sl.No.21 is another advance payment of Rs.50,000/- and bill at Sl.No.20 is payment of Rs.35,000/-. These three bills at Sl.No.6, 20 and 21 pertains to payment of bill at Sl.No.4 i.e., Rs.1,35,000/-. Therefore, the bill amount at Sl.Nos.6, 20 and 21 are to be excluded. The bill at Sl.No.14 issued by Jayanagar Orthopedic Centre is not a tax invoice and it doesn't contain any signature and seal and therefore, it is to be excluded. The contention of SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 learned counsel for the insurer is that bills at Sl.Nos.17, 18, 28, 30, 32 and 33 are to be excluded since they are Zerox copies is not correct, since they contain signature and they are tax invoices. The bill at Sl.No.13 is the same as that of bill at Sl.No.
Even the total bill amount at Sl.No.15 is not correct and therefore, the said bill is also excluded. In view of the same, the claimant is entitled to medical expenses contained in bill at Sl.Nos.1 to 5, 7 to 12, 16 to 19, 22 to 33. The total amount of these medical bills is Rs.1,65,341/-.
In view of the above, the claimant is entitled to total compensation under various heads as under: Sl.No. Heads Amount in (Rs.)
Towards Pain and Suffering 60,000/-
Towards Medical Expenses 1,65,341/-
Towards Food and extra nourishment, conveyance and medical attendant 5,000/-
Towards loss of income during treatment 30,000/-
Towards loss of future income due to disability 4,28,400/-
Loss of amenities 30,000/-
Future Medical Expenses 30,000/- Total 7,48,741/- SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 In view of the above, the claimant is entitled to total compensation of Rs.7,48,741/- as against Rs.7,76,530/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Insurer is liable to pay the enhanced compensation with interest before the Tribunal.
In view of the above, the following ORDER i) Both appeals are allowed in part. ii) The claimant is entitled to total compensation of Rs.7,48,741/- as against Rs.7,76,530/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. iii) The insurer shall deposit the said amount with interest before the Tribunal within a period of SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010606672025 NC: 2026:KHC:52758 06 weeks from this day including the amount already deposited. iv) The claimant is entitled to release of 50% compensation amount and remaining 50% shall be keep in fixed deposit in the name of claimant in Karnataka Bank, City Civil Court Branch, Bengaluru for a period of 03 years. v) The amount in deposit is ordered to be transmitted to the Tribunal.
(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 2 Sl No.: 14 Ct.sm SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.