- 1 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.7615 OF 2018(MV-I) BETWEEN: SRI. NARAYANASWAMY, S/O. LATE VENKATAGIRIYAPPA, AGED ABOUT 35 YEARS, OCC: MASON, R/AT KAVARANAHALLI, S.D.KOTE POST, RABERTSONPET, BANGARPET TALUK, KOLAR DISTRICT, BENGALURU-560 084. …APPELLANT (BY SRI. SURESH. M LATUR, ADVOCATE) AND: 1. SRI. PRAKASHAN C., S/O. CHINNASWAMY, MAJOR IN AGE, R/AT.NO.131, NEW NO.22, 3RD CROSS, K.K. HALLI, BENGALURU-560 084. 2. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO LTD., HOSUR MAIN ROAD, 2ND FLOOR, S.V.R. COMPLEX, MADIVALA, KORAMANGALA, BENGALURU-560 068. …RESPONDENTS (V/O/D 21.08.2024 NOTICE TO R1 IS DISPENSED WITH; SRI. P.S. JAGADISH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2018 PASSED IN MVC Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 NO.2753/2017 ON THE FILE OF THE III ADDITIONAL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU [SCCH-18], 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 The present appeal is filed by the claimant aggrieved by the order passed in M.V.C.No.2753/2017 dated 13.04.2018 by the III Addl. Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, the appellant/ claimant is before this Court. 2. The claimant had filed the petition seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by him in the accident. It is the case of the claimant that on 25.04.2017 at about 07.05 p.m., the petitioner was walking on the left side of the service road from Kavaranahalli towards Govindapura, near Hennur cross, at that time a motor cycle came from Nagawara service road with high speed and dashed against the petitioner, because of the rash and negligent driving of the driver of the offending vehicle, he had - 3 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 sustained fracture injuries to both bones of the right leg and as per the evidence of the doctor he had sustained 43.3% disability to the limb and 21.65% disability to the whole body. According to the claimant, he is earning an amount of Rs.20,000/- per month, the Tribunal had taken the income at an amount of Rs.7,500/- and disability at 14%. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and Suffering : Rs. 40,000/- 2. Loss of income during laid up and rest period : Rs. 22,500/- 3. Medical Expenses : Rs. 10,000/- 4. Loss of future income : Rs. 2,01,600/- 5. Loss of amenities : Rs. 10,000/- 6. Attendant, Nourishment and Conveyance Charges : Rs. 20,000/- 7. Future medication : Rs. 20,000/- TOTAL : Rs. 3,24,100/- 4. Learned counsel appearing for the appellant/claimant submits that the accident had taken place in the year 2017, the Tribunal ought to have taken the income at an amount of Rs.11,000/- per month but, it had taken only an amount of Rs.7,500/- per month. It is submitted that the Tribunal had not - 4 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 taken the disability as stated by the doctor. The claimant is a mason and the amount granted towards loss of amenities is not a reasonable amount and he submits that all the heads of compensation needs to be enhanced. 5. Learned counsel appearing for the respondent No.2/ Insurance Company submits that the Tribunal had rightly taken 14% as disability to the whole body as 1/3rd of 43% i.e., disability to the limb. He submits that all heads of compensation that is awarded by the Tribunal are just and reasonable and no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. The claimant had sustained fracture of two bones of right leg. Under the head of pain and sufferings, the Tribunal had granted Rs.40,000/- and this Court finds no reason to interfere with the same. Then, coming to the loss of income during the laid up period, as this accident had taken place in the year 2017, as per the chart prepared by the Legal Services Authority, this Court is inclined to take the income at an amount of Rs.11,000/- and for 3 months it would come to an amount of Rs.33,000/-. Towards the medical - 5 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 expenses, the Tribunal had granted an amount of Rs.10,000/- and this Court finds no reason to interfere with the same. Then, coming to the loss of amenities, considering the occupation of the claimant that he is a mason, this Court is granting an amount of Rs.30,000/- and towards attendant, nourishment, conveyance charges the Tribunal had rightly granted an amount of Rs.20,000/- and no interference is called for. Towards future medication also the Tribunal had rightly granted an amount of Rs.20,000/- and no interference is called for. Then coming to the loss of future earnings, this Court is taking the income at an amount of Rs.11,000/- per month (11,000x12x16x14/100) it would come to an amount of Rs.2,95,680/-. 7. 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. 8. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 40,000/- 40,000/- 2. Loss of income during laid up and rest period : Rs. 22,500/- 33,000/- 3. Medical Expenses : Rs. 10,000/- 10,000/- 4. Loss of future income : Rs. 2,01,600/- 2,95,680/- 5. Loss of amenities : Rs. 10,000/- 30,000/- 6. Attendant, Nourishment and Conveyance Charges : Rs. 20,000/- 20,000/- 7. Future medication Rs. 20,000/- 20,000/- 8. Legal Expenses Rs. - 10,000/- TOTAL : Rs. 3,24,100/- 4,58,680/- Enhanced compensation : Rs. Rs.1,34,580/- 9 All together, the claimant in MVC.No.2753/2017 is entitled for compensation of an amount of Rs.4,58,680/-. Accordingly, the appeal filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.3,24,100/- to Rs.4,58,680/-. The compensation amount shall be paid by the insurance company. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent No.2 - insurance company shall deposit the amount within a period of - 7 - NC: 2025:KHC:12014 MFA No. 7615 of 2018 eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii) 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. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 12