- 1 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1939 OF 2024 (MV-I) BETWEEN: SHASHANKA S/O VASANTHA AGED ABOUT 28 YEARS, R/AT VINAYAKA NAGARA, KOTE, ARAKALGUD TOWN, HASSAN DISTRICT …APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. NAGARAJU P S/O PUTTASWAMYGOWDA, AGED ABOUT 43 YEARS, R/AT 402, BANDIPALYA, G S ASHRAMA MYSURU WEST 2. THE MANAGER EDELWEISS GENERAL INSURANCE (ZUNO GENERAL INSURANCE ) 5TH FLOOR, TOWERS 3 KOHINOOR CITY MALL KIROL ROAD, KURLA (WEST) MUMBAI - 400 070 …RESPONDENTS (BY SRI.B.PRADEEP.,ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH V.O.D 11.03.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.02.2024 PASSED IN MVC NO.1412/2022 ON THE FILE OF Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 THE SENIOR CIVIL JUDGE AND MACT, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 14.02.2024 passed in MVC.No.1412/2022 by the Senior Civil Judge and MACT, Arakalagud (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal. 2. Though this matter is listed for admission, with consent of learned counsels for parties, it is taken up for final disposal. 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. Brief facts of the case are as under: On 10.03.2022, when the claimant was proceeding as a rider on his Royal Enfield motorcycle bearing - 3 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 registration No.KA-13/ER-5177 on the left side of the road, the driver of Mahindra Xylo car bearing registration No.KA-09/Z-2061 drove the same in a rash and negligent manner, suddenly stopped the vehicle and took reverse direction and dashed against the motor cycle of the claimant. 4.1 Due to occurrence of accident on the negligence of the driver of the offending vehicle, the claimant sustained injuries. He was immediately shifted to Sparsh Hospital, Hassan, where he took treatment as an inpatient for 20 days and spent more than Rs.3,00,000/- toward his treatment for the injuries sustained in the road traffic accident. Due to the injuries sustained and the expenditure meted out for treatment, he filed a claim petition seeking compensation against the respondents. 4.2 Respondent No.1 did not appear before the tribunal and was placed ex parte. Respondent No.2- Insurance Company has filed written statement denying - 4 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 the claim of the claimant and sought for dismissal of the claim petition. 4.3 On the basis of material evidence produced by the parties, both oral and documentary, the tribunal awarded total compensation of Rs.5,57,820/- along with interest @ 6% p.a. and held that respondent Nos.1 and 2 are jointly and severally liable and directed respondent No.2-Insurance Company to pay the compensation within a period of two months. 4.4 Being aggrieved by the inadequate compensation awarded by the tribunal, the claimant is before this Court seeking enhancement. 5. It is the contention of learner counsel for appellant-claimant that the tribunal has erred in assessing the income at Rs.11,000/- p.m., which is on the lower side, whereas the income ought to have been taken at Rs.15,500/-. It is also contended that the compensation awarded under all other heads is meagre and the same - 5 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 requires to be enhanced. Hence, he seeks to allow the appeal. 6. Per contra, learned counsel for Insurance Company sustains the impugned judgment and award passed by the tribunal, which is on the basis of materials placed on record. He further contends that there is no material placed on record by the claimant with regard to proof of income. Therefore, the income taken by the tribunal so also the compensation awarded under other heads are justified. Hence, he seeks dismissal of this appeal. 7. I have heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company and perused the impugned judgment and award and the records. The occurrence of accident, involvement of vehicle and injuries sustained by the claimant are proved and established by production of Exs.P1 to P53. Therefore, the negligence is attributed against the driver - 6 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 of the offending car, which is not questioned or challenged. 8. Now coming to the question of age, avocation, income, multiplier and disability for awarding compensation, it is seen that the claimant was aged 25 years as on date of occurrence of accident, the appropriate multiplier applicable is '18', which is correctly applied by the tribunal and the same does not call for interference. The Doctors have been examined as CWs.1 and 2 and they have deposed the disability to an extent of 23.3% to a particular limb. However, the tribunal has taken 1/3rd of the same i.e. 7% to the whole body, which also does not call for interference and the same is retained. I am in agreement with learned counsel for appellant-claimant that the income assessed by the tribunal is on the lower side. The notional income chart of the Legal Services Authority prescribes the income of Rs.15,500/- per month for the accident of the year 2022. Hence, the income is taken as Rs.15,500/- per month as against Rs.11,000/- - 7 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 taken by the tribunal. Therefore, the claimant is entitled to Rs.2,34,360/- (Rs.15,500/- x 12 x 18 x 7%) towards loss of future income due to permanent disability as against Rs.1,66,320/- awarded by the tribunal. 9. The tribunal awarded a sum of Rs.2,54,500/- towards medical expenses, which does not call for interference and the same is retained. 10. The tribunal awarded a sum of Rs.30,000/- towards pain, shock and agony. However, this Court deems it appropriate to award Rs.60,000/- under this head. 11. The tribunal awarded a sum of Rs.22,000/- towards loss of income during treatment period. In view of this Court enhancing the income from Rs.11,000/- to Rs.15,500/- and the claimant would require atleast three months period to recuperate and to get back to his normal day to day activities, he is entitled to Rs.46,500/- (Rs.15,500/- x 3) under this head. - 8 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 12. The tribunal awarded Rs.10,000/- towards disappointment, discomfort and loss of amenities. However, this Court deems it appropriate award Rs.40,000/- under this head. 13. The tribunal awarded Rs.20,000/- towards food, diet, attendant, nourishment, conveyance and other incidental expenses; Rs.30,000/- towards future medical expenses and Rs.25,000/- towards motorcycle repair expenses, which do not call for interference and the same are retained. 14. In view of the above, the claimant is entitled to total compensation of Rs.7,10,360/- as against Rs.5,57,820/- awarded by the tribunal, as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Pain, shock and agony 60,000-00 2 Medical expenses 2,54,500-00 3 Food, diet, attendant, nourishment, conveyance and other incidental expenses 20,000-00 4 Future medical expenses 30,000-00 - 9 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 5 Loss of income during treatment period 46,500-00 6 Loss of future income due to permanent disability 2,34,360-00 7 Disappointment, discomfort and loss of amenities 40,000-00 8 Motor cycle repair expenses 25,000-00 TOTAL 7,10,360-00 15. Accordingly, I pass the following: O R D E R i) The appeal is allowed-in-part; ii) The impugned judgment and award dated 14.02.2024 passed in MVC.No.1412/2022 by the Senior Civil Judge and MACT, Arakalagud, is modified; iii) The appellant-claimant is entitled to total compensation of Rs.7,10,360/- as against Rs.5,57,820/- awarded by the tribunal along with interest at 6% per annum. iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. - 10 - NC: 2025:KHC:10528 MFA No. 1939 of 2024 vi) All other terms and conditions stipulated by the tribunal shall stand intact. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 39