- 1 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 2842 OF 2024 (MV-I) BETWEEN: SRI SHANKAR S/O. LATE RANGAIAH, AGED ABOUT 43 YEARS, RESIDING AT 4TH CROSS, HEMAVATHI NAGARA, HASSAN-573 201. PERMANENT ADDRESS AGRAHARA, SARASWATHI PURAM, SAKALESHPURA TALUK, HASSAN DISTRICT, PIN-573 134. …APPELLANT (BY SRI. ABHISHEK RANGANAHALLI., ADVOCATE) AND: 1. SRI MANJUNATH K S S/O K. SRINIVAS, MAJOR, RESIDENT OF NO. 164/K, 14TH CROSS, 10TH MAIN, 1ST BLOCK, RAJAJINAGAR, BENGALURU-560 010. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 2. THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED, CHANDANA COMPLEX, HARSHAMAHAL ROAD, HASSAN-573 201. …RESPONDENTS (BY SRI.B.R. VENKAESH KAMATH., ADVOCATE FOR R2; VIDE ORDER DATED 16.01.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2021 PASSED IN MVC NO.177/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. BARRED BY TIME. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The claimant has succeeded in part in his petition under Section 166 of the Motor Vehicles Act, 1988 in MVC No.177/2019 on the file of the Principal Senior Civil Judge and CJM and Additional Motor Accident Claims Tribunal, Hassan [for short 'the Tribunal'] with the Tribunal awarding a total sum of Rs.2,15,800/- under the following heads: Sl.No. Particulars Amount (in Rs.) 1. Towards pain and agony 25,000 2. Loss of amenities 10,000 3. Loss of income during laid up period 11,000 4. Loss of future income 1,58,400 5. Medical bills 10,500 6. Nourishment and attendant charges 900 Total 2,15,800 2. This Court must at the outset record that there is no dispute about the appellant suffering injuries in a road accident on 07.10.2018 while he was traveling on his two-wheeler or the Insurer's liability as the Insurer of the other vehicle, a car - 4 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 bearing registration No. KA-02-MK-7847, because the driver of this vehicle was responsible for the accident. Further, it is not disputed that in the accident, the claimant suffered a fracture in the right clavicle requiring his hospitalization on two occasions over six days. The appellant has sought for enhancement in compensation asserting a high degree of permanent disability and contending that he was earning Rs.50,000/- per month as an Electrician and doing farming work and that his ability to earn income is affected by the injuries suffered in the accident. 3. The appellant has not given proof of actual income, and the Tribunal has taken the income at Rs.11,000/- per month. It cannot be argued that in the claim petitions arising out of accident in the year 2018, for uniform and consistent grant of compensation in the Lok Adalat, a schedule is evolved, and this schedule is adopted by the Courts - 5 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 when there is no proof of actual income. In terms of this Schedule, the income must be taken at Rs.12,500/- per month resulting in an enhancement of compensation. If the monthly income is taken as Rs.12,500/- keeping the percentage of total disability as opined by the Tribunal at 8% and applying the multiplier of '15' [considering the age of the claimant at the time of the accident], the computation towards loss of future income will be Rs.1,80,000/- which is computed as hereunder: Annual Income [Rs.12,500 X 12] Rs.1,50,000/- Disability to whole body 8% Income after taking disability Rs.12,000/- Multiplier 15 Loss of future income Rs.1,80,000/- Amount awarded by Tribunal Rs.1,58,400/- Enhancement towards loss of future income Rs.21,600/- 4. Though the learned counsel for the appellant submits that the Tribunal has erred in taking the disability at 8%, this Court is not persuaded to state that there is any error in such opinion because admittedly the appellant had only - 6 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 suffered fracture of the right clavicle. However, the appellant has undergone hospitalization on two occasions over six days, and this would mean that he was constrained in attending to work for more than a month. This Court opines that an additional sum of Rs.15,000/- [as against Rs.11,000/- awarded by the Tribunal under this head] must ensure just and reasonable compensation. 5. In the light of the afore, the enhancement will be in a sum of Rs.25,600/-, which is brought out by a comparative table of the amounts awarded by the Tribunal and by this Court. By the Tribunal [in Rs.] By this Court [in Rs.] Towards pain and agony 25,000 25,000 Loss of amenities 10,000 10,000 Loss of income during laid up period 11,000 15,000 Loss of future income 1,58,400 1,80,000 Medical bills 10,500 10,500 Nourishment and attendant charges 900 900 Total 2,15,800 2,41,400 Enhancement 25,600 - 7 - HC-KAR NC: 2025:KHC:21970-DB MFA No. 2842 of 2024 ORDER [a] The appeal is allowed in part granting enhanced compensation in Rs.25,600/- along with interest at 6%, but excluding interest for the delay period of 660 days in terms of the order condoning the delay in filing the appeal. [b] The Insurer is called upon to deposit the enhanced amount of compensation along with interest subject to the condition as aforesaid within eight weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE AN/-