- 1 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4803 OF 2020 (MV-I) BETWEEN: SRI. NAVEEN KUMAR, S/O MUNIYAPPA, AGED ABOUT 31 YEARS, R/AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU DISTRICT - 562 111. …APPELLANT (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. MAHIMANNA, S/O LATE KARIYANNA, KENGALKEMPOHALLI, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 111. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., 2ND FLOOR, 11TH MAIN, 3RD S.M. TOWER, JAYANAGAR EAST, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SRI. MALLIKARJUNAIAH, ADVOCATE FOR R1; SRI. MALIKARJUN REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.12.2019 PASSED IN MVC Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 NO.6509/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Vasanthappa learned counsel for the appellant as well as Sri.Mallikarjuna Reddy who represents Sri. B.Pradeep, learned counsel on record for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in MVC No.6509/2018 dated 02.12.2019. 3. The matrix of the case as projected by the appellant before the Tribunal is that on 22.01.2014 while he was proceeding in an Apee Auto-rickshaw bearing Registration No.KA-52-7260 and when he reached near - 3 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 Honnenahalli village, the driver of a tractor and trailer bearing registration No.KA-40-T-9897 and KA-40-T-9898 came from opposite direction in a rash and negligent manner and dashed against his Auto-rickshaw, due to which himself and inmates of the Auto fell down and sustained injuries. 4. The version of the appellant is that he sustained compound fracture upper third of left radius with wrist drop and head injury, underwent surgery but became permanently and completely disabled. 5. Learned counsel for the appellant submits that the appellant as an auto driver was earning considerable sum by the date of accident. However, the Tribunal took the notional income as Rs.6,000/-per month only. Learned counsel also submits that the accident occurred in the year 2014 and for the relevant period even the Karnataka State Legal Services Authority is taking the notional income as Rs.8,500/- per month and at least said figure should have been considered by the Tribunal. Learned counsel also - 4 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 states that the extent of permanent disability assessed by the Tribunal i.e., 12% is on lower side. Learned counsel also contends that the compensation granted by the Tribunal under different heads is grossly low and hence by allowing the appeal, the compensation claimed may be granted. 6. Per-contra the submission that is made by Sri. Mallikarjuna Reddy, who represents respondent No.2 is that the Tribunal rightly assessed the disability and therefore the assessment needs no interference. Learned counsel states that as far as taking the notional income is concerned he has no objection to consider the notional income as Rs.8,500/- per month. 7. The tribunal awarded a sum of Rs.40,000/- under the head pain and suffering, Rs.15,000/- towards loss of amenities, Rs.5,000/- towards nourishment, conveyance and attendant charges, Rs.1,55,600/- towards loss of future income, Rs.18,000/- towards loss of income during laid up period, Rs.15,000/- towards future medical - 5 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 expenses and thus in total the Tribunal awarded a sum of Rs.2,48,600/- as compensation. 8. Taking the notional income of the appellant as Rs.8,500/-per month and without disturbing other parameters as the assessment of the Tribunal on those aspects including the assessment of disability is on proper lines, the compensation which the appellant is entitled to towards loss of future earning is as under. Sl. No Description Amount 1. Notional income 8,500/- 2. Annual income 1,02,000/- 3. On applying appropriate multiplier '18' 18,36,000/- 4. Loss of future earnings, permanent physical disability being 12% in respect of whole body 2,20,320/- 9. The Tribunal through the impugned order awarded a sum of Rs.1,55,600/- only under the head loss of future - 6 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 earnings. Thus, the enhancement will be Rs.64,720/- (2,20,320/- - 1,55,600/-). 10. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of 3 months. Therefore, the compensation that is granted by the Tribunal towards loss of income during laid up period and for extra nourishment, diet, conveyance and attendant charges is on lower side. This Court is of the view that under those heads globally the appellant is entitled for an additional sum of Rs.40,000/-. Thus, the total compensation which the appellant is entitled to receive in addition to the sum that is awarded as compensation by the Tribunal is Rs.1,04,720/- (64,720 + 40,000). 11. Thus, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. - 7 - HC-KAR NC: 2025:KHC:22189 MFA No. 4803 of 2020 ii. The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C. No.6509/2018 dated 02.12.2019 is enhanced by Rs.1,04,720/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.2 is directed to deposit the enhanced sum within the period of eight weeks from the date of receipt of certified copy of this order v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 29 CT: BHK