- 1 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 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. 4546 OF 2017 (MV-I) BETWEEN: SRI ANANDA KUMAR A R S/O RAMAKRISHNA AGED ABOUT 27 YEARS R/AT NO.10, 4TH CROSS C MAIN, MUNESHWARA BLOCK PALACE GUTTALLI BENGALURU-560 003 …APPELLANT (BY SRI. RANJAN KUMAR K, ADVOCATE) AND: 1. SRI MANJUNATHA MASTHI S/O MASTHI SHIVA SANGAPPA AGED ABOUT 25 YEARS R/AT GOPALAPPA COLONY OPP: MVJ COLLEGE NEAR GOVERNMENT SCHOOL B CHANNASANDRA WHITEFIELD BENGALURU-560 066 2. UNITED INDIA INSURANCE CO.LTD. NO.47/1, V D CHANDRU BUILDING 3RD CROSS, ANJANEYA TEMPLE ROAD K R PURAM EXTENSION OPP: SYNDICATE BANK BENGALURU-560 036 REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 28.02.2025) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2017 PASSED IN MVC NO.3402/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M, AND MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed challenging the judgment and award dated 27.02.2017 passed in MVC No.3402/2015 by the XXII Additional Small Causes Judge and XX Additional Chief Metroplitan Magistrate & MACT, Bengaluru1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,63,650/- together with interest at 8% pa. Being aggrieved, the present appeal is filed by the claimant for enhancement of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the 1 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 present appeal is with regard to the adequacy of the compensation awarded. 3. Heard the submissions of learned counsel Sri Ranjan Kumar for the appellant/claimant and learned counsel Sri Jwala Kumar for respondent No.2 - insurer. 4. The claimant is aged 25 years as on the date of the accident i.e., 28.3.2015. The multiplier of 18 adopted by the Tribunal is just and proper. 5. The claimant is stated to have been working as an Executive in Airtel Office and earning `20,000/- pm. The salary slips (Ex.P10) discloses that the salary paid together with all allowance is `29,000/- pm. PW.3 has deposed that he is a partner at SAP Distributors. That the claimant joined employment as an Executive and at the time of the accident he was working as Business Development Manager and was drawing a monthly salary of `29,000/-. However, no other documents, such as appointment letter, have been produced to demonstrate that the claimant was working as averred in the claim petition. The claimant has also not produced any bank statements to demonstrate that he was receiving monthly salary, as averred. The Tribunal has disbelieved the testimony - 4 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 of PW.3 and assessed the monthly income of the claimant at `8,000/- pm. However, having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,000/- pm. 6. The claimant has sustained displaced mild crush fracture of the left tibia as is forthcoming from the wound certificate (Ex.P6) and other medical documents. It is further forthcoming from the discharge summary (Ex.P12) that the claimant was treated as an inpatient for 5 days and the fracture was surgically treated. The doctor, PW.4 has deposed that the disability of the claimant is 11.6%. The Tribunal, re- appreciating the material on record, has assessed the whole body disability at 5%, which is just and proper 7. Having regard to the aforementioned, the compensation is re-assessed as follows: 7.1 Having regard to the nature of injuries sustained, the compensation awarded towards pain and suffering is re- assessed as `40,000/- as against `10,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 7.2 The Tribunal has awarded a sum of 1,16,256/- towards medical expenses, which is as per actuals and is just and proper. 7.3 The compensation awarded by the Tribunal towards food, nourishment and attendant charges at `15,000/- is just and proper. 7.4 The period of treatment is assessed as two months and accordingly, compensation of (`9,000/-x2) `18,000/- is awarded towards loss of income during laid up period as against ` 16,000/- awarded by the Tribunal. 7.5 Having regard to the nature of injuries sustained and the resultant disability, loss of amenities is re-assessed as `20,000/- as against `10,000/- awarded by the Tribunal. 7.6 The doctor, PW.4 has deposed that the claimant is required to undergo another surgery for removal of implants and the estimation (Ex.P16) has been produced in that regard. The Tribunal has awarded a sum of `10,000/- towards future medical expenses. However, the same is re-assessed as `15,000/-. - 6 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 7.7 Compensation towards disability/loss of future earnings is re-assessed as (`9,000/-x12x18x5%) `97,200/- as against `86,400/- awarded by the Tribunal. 7.8 It is noticed that the Tribunal has awarded interest at 8% pa. 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. 8. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1. Towards pain and suffering 10000.00 40000.00 2. Towards medical expenses 116256.00 116256.00 3. Food, nourishment and attendant charges 15000.00 15000.00 4. Loss of income during laid up period 16000.00 18000.00 5 Loss of future earnings 86400.00 97200.00 6 Future medical expenses 10000.00 15000.00 7 Loss amenities 10000.00 20000.00 Total 263656.00 321456.00 - 7 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 9. Hence, the claimant is entitled for enhanced compensation of `57,800/- (`3,21,456/- – `2,63,656/-). 10. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 27.02.2017 passed in MVC No.3402/2015 by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate & MACT, Bengaluru, is modified to an extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered. iii) The claimant is entitled for an enhanced compensation of Rs.57,800/- with interest at the rate of 7% p.a. from the date of petition till its realisation 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; - 8 - HC-KAR NC: 2025:KHC:22619 MFA No. 4546 of 2017 vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 65