- 1 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 2928 OF 2017 (MV-I) BETWEEN: 1. SMT. JAYAMMA @ JAYALAKSHMI W/O DEVARAJU, AGED ABOUT 25 YEARS, HOSAHALL, MARIKUPPE POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. …APPELLANT (BY SRI. BOPANNA B., ADVOCATE) AND: 1. RAMESH R S/O RAMAIAH, NO.97, 5TH MAIN, NEAR GANESHA TEMPLE, VIJAYANAGAR, T. DASARAHALLI, BANGALORE - 560 057. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO LTD., CENTENARY BUILDING M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 22.06.2016 PASSED IN MVC NO.30/2012 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BENGALURU (SCCH-3), PA`RTLY Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant challenging the judgment and award dated 22.6.2016 passed in MVC No.30/2012 by the learned VII Additional Small Causes Judge and Member, MACT, Bengaluru1, seeking enhancement of quantum of compensation. 2. The Tribunal, by judgment and award dated 22.6.2016, has awarded a total compensation of `6,18,245/- together with interest at 8% p.a. Being aggrieved, the present appeal is filed seeking for enhancement of quantum of compensation. 3. The findings of the Tribunal on negligence and disability are not under challenge and have attained finality. The only question that requires to be adjudicated in the present appeal is with regard to the adequacy of the compensation. 1 hereinafter referred to as `Tribunal' - 3 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 4. The claimant was aged about 20 years as on the date of accident which occurred on 13.11.2011. Hence, the Tribunal has applied the appropriate multiplier of 18, which is just and proper. 5. The claimant is stated to be a milk vendor and earning a sum of Rs.6,000/- p.m. However, no document has been produced to prove the income. Having regard to the fact that, the claimant himself has claimed to have been earning a sum of Rs.6,000/- p.m, the income assessed by the Tribunal at Rs.6,000/- p.m. is just and proper. 6. It is forthcoming from the wound certificate (Ex.P3) and other medical records that the claimant has sustained head injury i.e. large right temporal parietal extradural haemotoma, left fronto tempero parietal subdural haemotoma, multiple fractures of squamous and petrous part of right temporal bone and other injuries. The doctor (PW4) has deposed that he has examined the claimant on 27.1.2016 for the purpose of assessment of disability, and has assessed the whole body disability at 38.02%. - 4 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 7. PW4 has also stated that the neurobehavioral and cognitive assessment done by a clinical psychologist on 27.1.2016. It is evident from the said neurobehavioural and cognitive assessment (Ex.P93) for the purpose of assessing cognitive disability, various tests have been done, which have been indicated in the said report. The said detailed assessment has been done by a doctor at NIMHANS, who had assessed the cognitive disability at 28% and neurobehavioral disability at 16%. Thereafter, it is stated that as per the formula adopted for assessment of the combined neurobehavioural and cognitive disabilities, the same is 39.02%. Keeping in mind, the detailed assessment which is forthcoming from Ex.P3 as well as testimony of PW4, it is just and proper to re-assess the disability of the claimant at 38%. 8. The claimant was treated as inpatient for a total period of 19 days. 9. In view of the aforementioned, the compensation reassessed is as follows: (9.1) The compensation assessed by the Tribunal towards pain and suffering at `50,000/- is just and proper. - 5 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 (9.2) The Tribunal has awarded a sum of `18,000/- towards loss of income during laid up period, which is just and proper. (9.3) The Tribunal has awarded medical expenses at `2,61,045/- which is as per actual medical bills, which is just and proper and rounded of to `2,62,000/-. (9.4) The Tribunal has awarded a sum of `30,000/- towards amenities, conveyance, food and nourishment, attendant charges, etc. Having regard to the nature of injuries sustained and the resultant disability, it is just and proper to award a sum of `20,000/- towards conveyance, food, nourishment and attendant charges, and further a sum of `25,000/- towards loss of amenities. (9.5) The loss of future earning is reassessed as (6,000 x 12 x 18 x 38%) = `4,92,480/-. 10. It is noticed that the Tribunal has awarded interest at 8% per annum. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. - 6 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 11. In view of the aforementioned, the compensation is re-assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 50,000.00 50,000.00 2 Loss of income during laid up period. 18,000.00 18,000.00 3 Medical bills 2,61,045.00 2,62,000.00 4 Loss of future earning 2,59,200.00 4,92,480.00 5 Loss of amenities, conveyance, food and nourishment, attendant charges, etc. 30,000.00 6 Conveyance, food, nourishment and attendant charges 20,000.00 7 loss of amenities 25,000.00 Total 6,18,245.00 8,67,480.00 12. Accordingly, the claimant is entitled to enhanced compensation of (`8,67,480/- – `6,18,245/-) = `2,49,235/- which is rounded of to `2,50,000/-. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 22.6.2016 passed in MVC No.30/2012 by the learned VII Additional Small Causes Judge and Member, - 7 - HC-KAR NC: 2025:KHC:22408 MFA No. 2928 of 2017 MACT, Bengaluru is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `2,50,000/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BKM List No.: 1 Sl No.: 61