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)

JUDGMENT

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

Signature Not Verified (MVC No. 8056/2016). By the impugned judgment, the High Court partly 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

1 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

Company Limited and Others,1 this Court extended future prospects to self-

employed persons. In National Insurance Company Limited v. Pranay

Sethi and Others,2 , 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 3 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:

Sl. Amount Particulars Calculation No. (₹)

Not 1. Monthly Income 9,500/- Applicable

Add: 40% Future 9,500/- + 2. 13,300/- Prospects 40%

3. Annual Income 13,300/- × 12 1,59,600/-

4. Multiplier Age 38 → 15 —

5. Disability 41.77% —

Loss of Future 1,59,600/- × 6. 9,99,974/- Earnings 15 × 41.77%

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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Head of Compensation Amount (₹)

1. Loss of Future Earning Capacity 9,99,974/-

2. Medical Expenses 8,18,140/-

3. Pain and Suffering 75,000/-

4. Attendant & Conveyance 20,000/-

5. Loss of Income During Treatment 38,000/-

6. Loss of Amenities 1,25,000/-

Total Compensation 20,76,114/-

Less: 20% Contributory Negligence (4,15,223/-)

Net Payable ₹16,60,891/-

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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