MFA NO. 5954/2024 (MV - I - CA) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI NARASIMHAPPA VS. THE MANAGING DIRECTOR] 22.06.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 03.10.2023 passed in MVC No.5836/2022 by I Additional Small Causes Judge, ACMM and Member, MACT, Bengaluru (SCCH-11). 2. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 03.09.2022 contending that the accident occurred due to rash and negligent driving by the driver of KSRTC bus bearing registration No.KA-40-F-1017. 3. The Tribunal recorded the evidence. The Tribunal after appreciating the evidence, assessed the Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - MFA NO. 5954/2024 (MV - I - CA) compensation and awarded the compensation under different heads as under: Sl. No. Particulars Amount a. Towards injury pain and suffering Rs. 55,000/- b. Towards Medical Expenses Rs. 20,565/- c. Towards food and extra nourishment and medical attendant Rs. 14,400/- d. Towards conveyance Rs. 10,000/- e. Towards loss of income during treatment Rs. 31,000/- f. Towards loss of future earning Rs. 4,35,240/- g. Deprivation of future amenities Rs. 10,000/- h. Towards future medical expenses Rs. 40,000/- Total compensation Rs. 6,16,205/- 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the respondent to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. - 3 - MFA NO. 5954/2024 (MV - I - CA) 5. Heard the learned counsel for appellant and learned counsel for respondent. 6. Learned counsel for the appellant would contend that, the appellant/claimant is a coolie worker aged about forty eight (48) years as on the date of the accident. The claimant has sustained severe injuries to his leg and there is a amputation of pituito of his left leg. The Doctor - P.W.2 has examined the claimant and assessed the disability at 64% to his left lower limb and 21% to the whole body. The Tribunal has erred in taking the functional disability at 18%. 7. The claimant has been admitted in the hospital for two months. The compensation awarded for loss of amenities, loss of income during laid-up period, pain and sufferings and food, nourishment, conveyance and attendant charges are on lower side and they are required to be enhanced. With these, she prayed to allow the appeal. - 4 - MFA NO. 5954/2024 (MV - I - CA) 8. Learned counsel for respondent would contend that, the compensation awarded by the Tribunal is just and property and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard the learned counsels appearing for the parties, the Court has perused the judgment, award and trial Court records. 10. Ex.P6 is the wound certificate and as per the wound certificate, the appellant/claimant has sustained the following injuries: a) (L) leg # both bones upper 1/3rd. b) (L) leg - Pestr. aspect degloving infure exposing the muscles and tendons. c) (R) forearm degloving injury (e) exposing muscles and tendons. d) (L) foot degolving injury (e) medical aspect 5) # @ Base of Big toe? (SIC) 11. Ex.P12 is the photograph of the claimant which show that the __ of left leg has been amputed. - 5 - MFA NO. 5954/2024 (MV - I - CA) 12. Ex.P16 is the disability certificate issued by P.W.2 - Doctor has stated that the claimant has sustained at 64% of his left lower limb and 21% to the whole body. The claimant has been admitted in the hospital for two months. Considering the injuries sustained and evidence of the Doctor - P.W.2, the disability is to be taken at 21% as against 18% taken by the Tribunal. 13. In view of the above, the Tribunal has rightly taken the income at Rs.15,000/- and applied multiplier '13'. Considering the same, the loss of future income is calculated as under: 15,000 X 12 X 13 X 21% = 4,91,400. 14. The claimant has sustained the injury noted above and he has been admitted in the hospital for two months. Considering the said aspect, the compensation award for pain and sufferings requires to be enhanced to Rs.1,00,000/- as against Rs.55,000/- awarded by the Tribunal. - 6 - MFA NO. 5954/2024 (MV - I - CA) 15. Loss of amenities requires to be enhanced in a sum of Rs.40,000/- as against Rs.10,000/- awarded by the Tribunal. 16. Considering the fact that the claimant has been admitted in the hospital for two months and taken rest for three months. Considering the same, he is entitled for loss of income during laid-up period for three months is Rs.46,500/-. 17. The claimant has been admitted in the hospital for sixty (60) days and therefore, he is entitled to food, nourishment and attendant charges in a sum of Rs.60,000/- (60 X 1000). 18. The Tribunal has rightly awarded the compensation towards medical expenses of Rs.20,565/- and future medical expenses of Rs.40,000/-. 19. Considering all the above aspects, the claimant is entitled to total compensation under different heads as under: Sl. Particulars Amount - 7 - MFA NO. 5954/2024 (MV - I - CA) No. 1 Loss of future income Rs. 4,91,400/- 2 Loss of amenities Rs. 1,00,000/- 3 Loss of income during laid-up period Rs. 46,500/- 4 Future medical expenses Rs. 40,000/- 5 Medical expenses Rs. 20,565/- 6 Pain and suffering Rs. 1,00,000/- 7 Food, nourishment, conveyance and attendant charges. Rs. 60,000/- Total Rs. 8,58,465/- 20. The claimant is entitled to total compensation of Rs.8,58,465/- as against Rs.6,16,205/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of the petition till realisation. 21. The claimant is entitled to enhanced compensation of Rs.2,42,260/- (8,58,465 - 6,16,205) with interest at the rate of 6% per annum from the date of petition till realisation. 22. The Respondent is liable to pay enhanced compensation amount with interest. 23. In view of the above, the following: ORDER - 8 - MFA NO. 5954/2024 (MV - I - CA) i) Miscellaneous First Appeal is allowed-in- part. ii) The claimant is entitled to enhanced compensation of Rs.2,42,260/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimant is entitled to release of entire enhanced compensation amount. v) The claimant is not entitled to the interest for delay period of 210 days in filing the appeal. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 58