- 1 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4576 OF 2023 (MV-I) BETWEEN: GANGADHAR S/O LATE MARI DANDDAIAH AGED ABOUT 62 YEARS RESIDING AT NO.2285 10TH CROSS, ASHOKAPURAM MYSURU-570 008 …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. SUJYOTHI. P. K. W/O MUDDUMADAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO 50/B, BASAVESHWARA LAYOUT, NEAR SHARMADA RESORT, BELAVADI, MYSURU-570 018 2. THE MANAGER NATIONAL INSURANCE CO LTD, DIVISIONAL OFFICE II, PRESTIGE SHOPPING ARCADE, NO 371A, 1ST FLOOR, RAMASWAMY CIRCLE, SUBBARAYANAKERE, CHAMARAJAPURAM, MYSURU 570024 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH VIDE ORDER DT.11.07.2023 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2023 PASSED IN MVC NO.1422/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, 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 PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 27.03.2023 passed in MVC.No.1422/2021 on the file of the Motor Accidents Claims Tribunal at Mysuru (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. - 3 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 3. Brief facts of the case are as under: On 23.09.2021, when the claimant was going for a morning walk, at that time a Car bearing Registration No.KA-12-P-9294, came in a rash and negligent manner from the opposite direction and dashed against the claimant causing injuries to the claimant all over the body. Claimant was immediately shifted to Vidyaranya Hospital, Mysuru, where he took treatment. Due to the injuries suffered in the road traffic accident, he filed claim petition seeking compensation against the respondent. 4. The respondents appeared and denied the claim of the claimant and sought for dismissal of the claim petition. 5. On the basis of material placed on record, both oral and documentary, the tribunal awarded total compensation of Rs.3,85,400/- along with interest at 6% per annum, fixing the liability jointly against respondent Nos.1 and 2 and directed respondent No.2 to deposit the - 4 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 compensation within thirty days from the date of the award. Claimant being dissatisfied with the inadequate compensation is before this Court seeking enhancement. 6. It is the vehement contention of the learned counsel for the claimant that the compensation awarded by the tribunal is inadequate and has not taken into consideration the relevant factor for computation of the compensation. The income taken is on the extremely lower side, as the claimant was earning Rs.20,000/-. The tribunal has erroneously taken notional income of the Legal Services Authority Chart of Rs.15,000/-, which require enhancement, so also, under other heads inadequate compensation is granted on each of which enhancement is required. On these grounds he seeks to allow the appeal, consequently, enhancement of compensation. 7. Per contra, learned counsel for the respondent - Insurance Company sustains the order passed by the tribunal by contending that there is no error or - 5 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 arbitrariness in the impugned order passed by the tribunal. The compensation awarded is just and reasonable. Hence, the appeal deserves to be dismissed. 8. I have heard learned counsel for the appellant- claimant and learned counsel for the respondent-Insurance Company. The occurrence of the accident and involvement of the vehicle, while the claimant was a pedestrian and injury sustained by the claimant in the road traffic accident are proved and established by the production of Exs.P1 to P14. Negligence is rightly attributed against the driver of the offending car. 9. Now coming to the question of age, avocation, income and disability sustained in the road traffic accident for computation of compensation. The age of the claimant as on the date of occurrence of the accident is 60 years, the multiplier is taken at '9', which does not call for interference. The tribunal has taken the income on the basis of notional income at Rs.15,000/-, which is justified as no proof of income is produced by the claimant. - 6 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 Evidence of the Doctor adduced as PW.2, who has opined disability to an extent of 23% to the right lower limb. The tribunal has taken the disability to the whole body as 7% functional disability, which also does not call for interference. Therefore, loss of future earning capacity due to disability of Rs.1,13,400/-, does not call for interference. Same is retained. 10. Towards loss of income during laid up period, the tribunal has committed an error by awarding Rs.15,000/-, which is on the lower side. The tribunal having taken the income at Rs.15,000/- p.m, three months will be required for recuperation. Hence, Rs.45,000/- (15,000 x 3) is awarded under this head. 11. Towards pain and suffering, Rs.50,000/- is awarded as against Rs.40,000/-. 12. Towards loss of amenities, Rs.30,000/- is awarded as against Rs.15,000/- awarded by the Tribunal. - 7 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 13. Towards attendant charges, food, nourishment, transportation and conveyance charges, Rs.15,000/- is awarded by the tribunal. Same is retained. 14. Towards medical expenses, the tribunal awarded Rs.1,87,000/-. Same is retained. 15. In view of the discussions made hereinabove, the appellant/claimant would be entitled to total compensation of Rs.4,40,400/- as against Rs.3,85,400/- as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income 1,13,400-00 2 Pain and suffering 50,000-00 3 Loss of amenities 30,000-00 4 Loss of income during laid-up period 45,000-00 5 Food, nourishment, attendant and conveyance charges 15,000-00 6 Medical expenses 1,87,000-00 TOTAL 4,40,400-00 - 8 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 16. Accordingly, I pass the following: ORDER i) The appeal is allowed in part. ii) The impugned Judgment & Award dated 27.03.2023 passed by the Motor Accidents Claims Tribunal at Mysuru in MVC No.1422/2021, is modified. iii) The appellant/claimant would be entitled to total compensation of Rs.4,40,400/- as against Rs.3,85,400/- awarded by the tribunal along with interest at 6% per annum. iv) The enhanced compensation amount shall be paid with interest at 6% per annum by the respondent - insurance company within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact. - 9 - NC: 2025:KHC:4229 MFA No. 4576 of 2023 vii) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. Sd/- (PRADEEP SINGH YERUR) JUDGE AM List No.: 1 Sl No.: 8