- 1 - NC: 2025:KHC:9156 MFA No. 201 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 201 OF 2014 (MV-I) BETWEEN: SRI.UMESHA S.C., S/O CHANNAIAH S.K., AGED ABOUT 26 YEARS R/A NO.157/2, 10TH CROSS MUNESHWARA LAYOUT, LAGGERE, BANGALORE NORTH BANGALORE -560 058 …APPELLANT (BY SRI. H.B.SOMAPUR, ADVOCATE) AND: 1. M/S ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. BY ITS MANAGER NO.132, BALAJI SOVEREIGN 2ND FLOOR, BRIGADE ROAD NEAR BRIGADE TOWER BANGALORE- 560 025 2. SRI.SHIVANANJAIAH S/O HOTTE NANJAIAH NO.105, BAGALAGUNTE NELAMANGALA ROAD NELAMANGALA BANGALORE- 562 123 …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R1 V/O/D 11/1/2016 NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.7.2013 PASSED IN MVC NO.2794/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9156 MFA No. 201 of 2014 BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.2794/2012 dated 31.07.2013 by the XIII Additional Judge and Member Motor Accident Claims Tribunal, Court of Small Causes, Bangalore, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The facts of the case are that on 11.02.2012 at about 11:30 p.m., the appellant/claimant along with others were walking on the left side of the road. At that time, the driver of the offending vehicle came from behind in a rash and negligent manner with high speed and dashed against the appellant and others. As a result, he fell down and sustained injuries all over the body. Several claimants have filed several cases and they were disposed of by way of a common order. As far as the present appellant is concerned, it is his case that he was aged about 25 years, working as mason and earning income of an amount of Rs.7,500/- per month. He has suffered fracture to - 3 - NC: 2025:KHC:9156 MFA No. 201 of 2014 the right ring finger and grievous injuries all over the body and he has incurred medical expenditure of an amount of Rs.50,000/- and because of the injuries sustained, he has become permanently disabled. 3. According to the claimant, he has suffered permanent disability of 10% to the whole body. In Ex.P10, the age of the appellant is shown as 25 years and in Ex.P19, it is shown as 32 years and the trial Court had taken 30 years and the multiplier applied is 18. As there was no evidence on record, the Court had taken the income of the claimant at Rs.4,500/- per month. Towards pain and sufferings, the Court had granted an amount of Rs.15,000/- and as there is no evidence with regard to the medical and other incidental expenses, the Court had granted an amount of Rs.3,000/- and when it comes to loss of future income, taking income at Rs.4,500/-, disability at 10% and applying the multiplier of 18, the Court had granted an amount of Rs.64,800/- and towards loss of amenities and comfort, an amount of Rs.30,000/- was granted. Altogether, compensation of an amount of Rs.1,12,800/- was granted by the Tribunal. Aggrieved thereby, the claimant is before this Court seeking enhancement of the compensation. - 4 - NC: 2025:KHC:9156 MFA No. 201 of 2014 4. Basing on the evidence, the trial Court had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and sufferings : Rs. 15,000/- 2. Medical and other incidental : Rs. 3,000/- 3. Loss of future income (4,500x12x10/100x18) : Rs. 64,800/- 4. Loss of amenities & comfort : Rs. 30,000/- TOTAL : Rs. 1,12,800/- 5. Learned counsel appearing for the appellant/claimant submits that the claimant had suffered disability of 10% and when it is his case that he was earning an amount of Rs.7,500/- per month, the trial Court ought to have taken the income at Rs.7,500/- per month and considering the amputation suffered by the claimant, an amount of Rs.15,000/- granted towards pain and suffering is on the lower side. Further, when there is an amputation and the claimant was hospitalized, the Court had granted only an amount of Rs.3,000/- towards medical and other incidental expenses. It is submitted that an amount of Rs.30,000/- granted towards loss - 5 - NC: 2025:KHC:9156 MFA No. 201 of 2014 of amenities is also not reasonable. It is submitted that the compensation granted by the trial Court needs to be enhanced. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that the trial Court had considered all the aspects and in fact, the amount that is granted by the trial Court is on the higher side. He submits that the Court had granted interest at the rate of 8% p.a. instead of granting 6% p.a. He submits that the Court had taken the age of the claimant as 30 years, where the multiplier applicable is 16, but the Court has applied multiplier of 18. Further, he submits that the notional income is rightly taken at Rs.4,500/- per month. It is submitted that as per the judgment of the Division Bench of this Court, the Court has to take the notional income but not according to the chart prepared by the Legal Services Authority. In that case, an amount of Rs.4,500/- taken as income per month is a reasonable amount and no interference is called for with the order passed by the Tribunal on this count. 7. Having heard the learned counsels on either side, perused the entire material on record. The claimant is before this Court seeking enhancement of the compensation granted - 6 - NC: 2025:KHC:9156 MFA No. 201 of 2014 by the Tribunal. The Insurance Company has not preferred any appeal. So as far as the disability aspect is concerned, as per the evidence on record and as per the order passed by the Tribunal, he has suffered 10% disability to the whole body. Coming to the income, the accident had taken place in the year 2012. The Courts are following the chart prepared, considering the notional income for the particular years. Hence, this Court is inclined to take the income as per the chart which is an amount of Rs.7,000/- per month for the year 2012. 8. There is amputation and towards pain and sufferings, an amount of Rs.15,000/- that is granted by the Tribunal is on the lower side and the same is enhanced to an amount of Rs.30,000/-. The trial Court had not granted any amount towards attendant, nourishment and transport. Considering the nature of injury, this Court is granting an amount of Rs.15,000/- towards attendant, nourishment and transport. When it comes to loss of future income, this Court is taking the income of the claimant at Rs.7,000/-. But as far as the multiplier is concerned, as the trial Court had taken the age of the claimant as 30 years, the multiplier applicable is 16, but the court applied multiplier 18. If the multiplier 16 is applied by - 7 - NC: 2025:KHC:9156 MFA No. 201 of 2014 taking an amount of Rs.7,000 as income, it would come to Rs.7,000x12x16x10/100 = Rs.1,34,400/- towards loss of future income. Coming to loss of income, considering the amputation, for three months, this Court is granting Rs.7,000x3 = Rs.21,000/- towards loss of income during the laid up period. Towards loss of amenities and medical and other incidental expenses, the trial Court had granted an amount of Rs.30,000/- and Rs.3,000/- respectively and this Court is not interfering with the same. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether, the claimant is entitled for compensation of an amount of Rs.2,43,400/-. 10. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 8 - NC: 2025:KHC:9156 MFA No. 201 of 2014 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 15,000/- 30,000/- 2. Medical and other incidental : Rs. 3,000/- 3,000/- 3. Loss of future income (Rs.7,000x12x16x10/100) : Rs. 64,800/- 1,34,400/- 4. Loss of income during the laid up period : Rs. 00/- 21,000/- 5. Loss of amenities & comfort : Rs. 30,000/- 30,000/- 6. Attendant nourishment and transport : Rs. 00/- 15,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,12,800/- 2,43,400/- Enhancement : Rs. 1,30,600/- 11. Accordingly, the appeal filed by the appellant/ claimant is allowed-in-part. i. The compensation is enhanced from an amount of Rs.1,12,800/- to Rs.2,43,400/- and the Insurance company is liable to pay the compensation. - 9 - NC: 2025:KHC:9156 MFA No. 201 of 2014 ii. The enhanced amount shall carry interest @ 6% per annum from the date of petition till the date of realization. iii. The trial Court had directed the amount to be deposited in Karnataka Bank, City Civil Court Branch, Bangalore, for period of 5 years and as this is an order passed in the year 2013, the appellant/claimant is at liberty to withdraw the entire amount. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 31