- 1 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3926 OF 2015 (MV-I) BETWEEN: SRI. K. NATARAJAN S/O SRI A. KRISHNAN, AGE: 44 YEARS, OCC: CARPENTAR, R/O NO.22, BALAJI KOIL STREET, K. KAMARAJ ROAD CROSS, BHARATHINAGAR, BENGALURU-560 001. AT RESIDING (ELECTION ID) NO.233, ANANDAPURA 4TH MAIN ROAD, J.B. NAGAR, BENGALURU - 560 075. …APPELLANT (BY SRI. SURESH M.LATHUR, ADVOCATE) AND: 1. CHAND @ CHAND PASHA, SINCE, DIEDD HE IS REPRESENTED BY HIS LR'S A) SRI MIYAN KHAN, S/O. LATE CHAND @ CHAND PASHA, B) SMT BEGUM W/O LATE CHAND @ CHAND PASHA, BOTH ARE R/AT NO.133/1, 4TH CROSS, CHAMUNDI NAGAR, RT NAGAR POST, BENGALURU-32. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 4TH FLOOR, 5TH & 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.A RAMAKRISHNA, ADVOCATE FOR R2, R1(A) and (B)-VIDE ORDER DATED 24.04.2018-NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.1.2015 PASSED IN MVC NO.892/2014 ON THE FILE OF THE 16TH ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 30th January 2015, passed by the XVI Addl.Judge and M.A.C.T., Court of Small Causes, Bengaluru, (for short `Tribunal'), in MVC No.892/2014, seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. Brief facts of the case are that, on 09.12.2013, around 3.30 p.m., the claimant was walking on the left side of the road near Ram Temple on Narayana Pillai Street, Bengaluru. At that time, he met with an accident due to the rash and negligent driving of Maruti Omni Car bearing registration No.KA-06-M-231 by its driver. As a result, he sustained fracture of malleolar of left leg. He was admitted as an inpatient in Santhosh Hospital, Bengaluru, and spent substantial amount towards medical expenses. The claimant was aged about 43 years at the time of the accident and he was a carpenter, earning Rs.20,000/- per month. Due to the injuries sustained in the accident, he has been suffering from permanent disability and this has resulted in loss of his earning capacity. With these reasons, the claimant has prayed for awarding of compensation. - 4 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 4. Respondent No.1(a) and 1(b) are the legal heirs of owner of the offending vehicle. Respondent No.2 is the insurer. Respondent No.2-insurer appeared before the Tribunal and filed its written statement. It has denied the contentions of the claim petitioner. It was further contended that accident took place due to the negligence of the claimant, who was walking on the middle of the road. Its liability is restricted to terms and conditions of the insurance policy. With these reasons, prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination. 6. The claimant to prove his case examined two witnesses as PW-1 and PW-2 and marked 10 documents, as per Exs.P-1 to P-10. Respondent No.2 examined one witness as RW-1 and marked documents as Exs.R-1 to R-4. 7. The Tribunal after hearing both parties and appreciating the evidence on record, held that the accident - 5 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 took place due to contributory negligence of claimant, as well as driver of the Maruti vehicle and apportioned the negligence in the ratio of 20:80. The Tribunal has accepted the age of the claimant as 43 years, his earning as Rs.6,000/- per month, the disability at 8% to the whole body, applied the multiplier as `14' and awarded following compensation: Particulars Amount in Rs. Pain and sufferings 25,000/- Medical expenses 76,000/- Nourishment, conveyance and attendant charges 10,000/- Loss of income 12,000/- Loss of amenities 25,000/- Future medical expenses 25,000/- Loss of future income 80,640/- Total 2,53,640/- 8. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. - 6 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 9. Learned counsel for the appellant/claimant submits that the claimant had sustained fractures and has spent substantial amount towards medical expenses. He has been suffering from permanent disability. However, the Tribunal has failed to award a just and reasonable amount of compensation on all the heads. Therefore, prayed to enhance the compensation. 10. Learned counsel for respondent No.2-insurer submitted that the Tribunal has considered the case of the claimant properly and awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 11. Following point arises for consideration : (i) Whether the claimant is entitled for enhancement of compensation? Point No.1 : 12. The fact that the accident occurred is not in dispute. The Tribunal after discussing the evidence on - 7 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 record, held that the accident had occurred at that place and time as stated in the claim petition. The Tribunal has held that claimant was walking in the middle of the road, therefore, he had contributed to an extent of 20% in causing the accident in question. The said finding on the face of the record appears to be erroneous. The mahazar of the spot of the accident is marked as Ex.P-4 and spot sketch Ex.P-5, which shows that accident had taken place at the left side end of the tar road and there was still 25 ft. wide road towards right side of the spot of the accident. The driver of the offending vehicle was not examined or no eye witnesses were examined by the respondents to rebut the evidence of PW-1. Under these circumstances, the findings of the Tribunal that accident occurred at the middle of the road and claimant contributed in causing the accident in question is erroneous. The entire negligence was part of the driver of the car. 13. The Tribunal has taken the income of the claimant as Rs.6,000/- per month since claimant was - 8 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 unable to prove that he was earning Rs.20,000/- per month. Accepting, the notional income chart prepared by the Karnataka State Legal Services Authority the notional income of the claimant is taken as Rs.8,000/- per month. 14. Further the Tribunal has taken the disability at 8% to the whole body, which appears to be on the lower side. PW-2 has stated physical disability to the whole body as 15%. Considering the age, injury, nature of work and the evidence of PW-2, functional disability of claimant is taken as 10% to the whole body. Undisputedly, the age of the claimant was 43 years at the time of the accident and multiplier applicable is `14'. 15. For the above said discussions, the amount of compensation awarded under other heads are on the lower side, which requires to be enhanced. 16. The claimant is entitled to following amount of compensation: - 9 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 Particulars Amount in Rs. Pain and sufferings 40,000/- Medical expenses 76,000/- Special diet, conveyance and attendant charges 25,000/- Loss of income during laid up period (Rs.8,000/- x 3) 24,000/- Loss of future earning capacity due to disability (Rs.8,000/- x 12 x 14x 10%) 1,34,400/- Loss of amenities and unhappiness 35,000/- Future medical expenses 25,000/- Total 3,59,400/- Amount awarded by the Tribunal Enhancement- Rounded off- 2,53,640/- 1,05,760/- 1,06,000/- Claimant is entitled for interest at the rate of 6% p.a. on the enhanced amount. - 10 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 17. Undisputedly, the respondents are jointly and severally liable to pay compensation. Accordingly, point No.1 is answered partly in the affirmative. 18. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 30th January 2015, passed in MVC.No.892/2014, by the XVI Addl.Judge and M.A.C.T., Court of Small Causes, Bengaluru, stands modified. iii) The claimant is entitled to an enhancement of Rs.1,06,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the above amount within a period of six weeks from the date of award. v) The remaining portion of the award of the Tribunal shall remain unaltered. vi) Draw award accordingly. - 11 - HC-KAR NC: 2025:KHC:20297 MFA No. 3926 of 2015 Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 5