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SC Enhances Compensation to Tailor Injured in Bengaluru Flyover Accident

Vivek G.

SC Enhances Compensation to Tailor Injured in Bengaluru Flyover Accident

The Supreme Court of India, on August 6, 2025, modified a Karnataka High Court ruling in the case of Lokesh B vs. Suryanarayana Raju Jaggiraju & Another, enhancing the total compensation awarded to a tailor injured in a road accident from ₹13.44 lakh to ₹16,60,891.

हिंदी में पढ़ें

The accident occurred on 19 November 2016, around 6:00 AM, on the Peenya flyover in Bengaluru. The appellant, Lokesh B, a 38-year-old tailor, was driving an Omni car (KA-52-M-4021) when it collided with a lorry (AP-04-TX-4507) parked in the middle of the road without reflectors or indicators.

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Due to the crash, Lokesh suffered multiple serious injuries including:

  • Skull fractures and frontal hemorrhage
  • Optic nerve trauma resulting in partial vision loss
  • Fractures in both wrists

He was initially treated at Premier Sanjeevini Hospital and later admitted to Sparsh Hospital, where he remained hospitalized until 5 December 2016.

  • The Motor Accident Claims Tribunal (MACT) fixed his monthly income at ₹8,000, applied a 15-year multiplier, and assessed disability at 35%.
  • A total compensation of ₹17,01,140 was awarded, which was reduced to ₹13,60,912 after 20% contributory negligence was deducted.
  • On appeal, the High Court of Karnataka revised the monthly income to ₹9,500 but excluded future prospects and maintained the 35% disability.
  • This resulted in a total award of ₹13,44,712 after applying the 20% deduction.

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The only issue before the Supreme Court was whether the High Court erred in not considering future prospects and in fixing a lower disability percentage.

"We find merit in the appellant’s submission on both counts." – Justice Aravind Kumar

  • Monthly income of ₹9,500 was accepted by both parties and affirmed.
  • Citing precedents like Santosh Devi v. National Insurance Co. and Pranay Sethi v. National Insurance Co., the Court granted 40% addition towards future prospects even for a self-employed person.
  • The disability was revised to 41.77%, based on neuropsychologist Dr. Prathibha Sharan’s unrebutted evidence using the validated NIMHANS battery test.

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Revised Compensation Breakdown

HeadAmount (₹)
Loss of Future Earning Capacity9,99,974
Medical Expenses8,18,140
Pain and Suffering75,000
Attendant & Conveyance20,000
Loss of Income During Treatment38,000
Loss of Amenities1,25,000
Total20,76,114
Less 20% Contributory Negligence4,15,223
Net Payable₹16,60,891

“The compensation shall carry interest at 6% per annum from the date of the claim petition till the date of payment or deposit.” – Supreme Court of India

The Court directed Shriram General Insurance Co. Ltd. to deposit the enhanced amount within six weeks before the jurisdictional tribunal. Any previous payments shall be adjusted.

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The Supreme Court modified the High Court’s judgment and disposed of the appeal. It also directed the Registry to forward a copy of the judgment to the MACT, Bengaluru, and the Registrar General of the Karnataka High Court for compliance.

“Appeal stands disposed of. No order as to costs.” – Justice Sudhanshu Dhulia and Justice Aravind Kumar

Case Title: Lokesh B vs. Suryanarayana Raju Jaggiraju & Another

Case Type: Civil Appeal Nos.....of 2025
(Arising out of SLP (C) Nos. 22050-22051 of 2023)

Date of Judgment: 6 August 2025