- 1 - NC: 2025:KHC:150 MFA No. 5196 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5196 OF 2021 (MV-I) BETWEEN: MR.NISAR PASHA S/O.SHEK BASHA SAB AGED ABOUT 49 YEARS R/AT PALYA KANNAMANGALA DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 …APPELLANT (BY SRI K.V.NAIK, ADVOCATE) AND: 1. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD. KSCMF BUILDING, 3RD FLOOR 3RD BLOCK, CUNNINGHAM ROAD BENGALURU-560 052 POLICY BY ITS OFFICE IN POLICY NO.M1840429 DATE OF VALIDITY FROM 01/07/2018 TO 30/06/2019 2. M/S.ITC LIMITED MEENAKUNTE VILLAGE JALA HOBLI BENGALURU-562 157 …RESPONDENTS (BY SRI B.C.SHIVANNE GOWDA, ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED V/O. DATED 21.11.2022) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:150 MFA No. 5196 of 2021 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.08.2021 PASSED IN MVC.NO.2599/2019 BY C/C XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU. 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 05.08.2021 passed in MVC.No.2599/2019 by the Court of C/c XXII Additional Small Causes Judge and ACMM, Court of Small Causes, Bengaluru (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Though this matter is listed for admission, with consent of learned counsels for both parties, it is taken up for final disposal. 3. Parties to the appeal shall be referred to as per their status before the tribunal. - 3 - NC: 2025:KHC:150 MFA No. 5196 of 2021 4. Brief facts of the case are as under: On 30.03.2019 at about 5.00 p.m., the claimant was riding his motor cycle bearing registration No.KA-01-EN- 4496 on B.B.Road, NH-7 slowly and cautiously by observing traffic Rules and Regulations. When the claimant reached Hosur Flyover, a car bearing registration No.KA- 50-M-0934 driven by its driver came with high speed and in a rash and negligent manner and dashed against his motor cycle. Due to which, the claimant fell down and sustained grievous injuries and he was shifted to Ashwini Hospital, where he took first aid treatment and thereafter, he was shifted to HOSMAT Hospital. It is stated that he has spent a sum of Rs.5,00,000/- towards medical, nourishment and miscellaneous expenses. Hence, he filed a claim petition seeking compensation. 4.1 On service of notice, the respondents appeared and filed written statement denying the claim of the claimant by taking a plea that the accident was occurred - 4 - NC: 2025:KHC:150 MFA No. 5196 of 2021 due to the negligence of the claimant himself and sought for dismissal of the claim petition. 4.2 On the basis of pleadings, the tribunal framed relevant issues for consideration. 4.3 In order to substantiate the issue and to establish the case, the claimant got examined himself as PW.1 and the Doctor as PW.2 and got marked documents from Exs.P1 to P24. On the contrary, the respondents neither examined any witness nor got marked any document. 4.4 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of Rs.4,00,000/- with interest @ 9% p.a. and ordered that respondent Nos.1 and 2 shall jointly and severally pay the compensation. 4.5 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. - 5 - NC: 2025:KHC:150 MFA No. 5196 of 2021 5. It is the vehement contention of learned counsel for appellant-claimant that the judgment and award passed by the tribunal is arbitrary, illegal and contrary to the materials placed on record. It is further contended that the tribunal has not awarded any compensation towards loss of future income due to disability except awarding Rs.40,000/- as a total compensation under this head. The tribunal has also awarded meager compensation towards loss of amenities. The tribunal has failed to take into consideration the disability at 49% to the left lower limb and 17% to the whole body and also the difficulty, disadvantage and loss of earning capacity due to the injuries suffered by the claimant in the accident. Hence, he seeks to enhance the compensation. 6. Per contra, learned counsel for respondent- Insurance Company vehemently contends that the judgment and award does not call for interference, as just and reasonable compensation is awarded by the tribunal, taking into consideration the magnitude of injuries, - 6 - NC: 2025:KHC:150 MFA No. 5196 of 2021 avocation of the claimant and also the disability that may interfere with future earning capacity. It is also contended by learned counsel for Insurance Company that on other heads, the tribunal has awarded reasonable compensation. In fact, the interest component awarded is on the higher side and in case, this Court were to enhance the compensation on any of the heads, the interest component be reduced to 6% p.a. rather than 9% p.a. Hence, he seeks dismissal of the appeal. 7. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the point that would arise for consideration is - "Whether the appellant-claimant is entitled for enhancement of compensation?" 8. The answer to the above point is partly in the affirmative for the reasons stated hereinbelow: The occurrence of accident, involvement of vehicle and injuries suffered by the claimant due to the accident, are proved and established. Therefore, the negligence is - 7 - NC: 2025:KHC:150 MFA No. 5196 of 2021 rightly attributed against the driver of the offending vehicle. 9. Now coming to the aspect of age, avocation, income and appropriate multiplier to be adopted, it is seen that the claimant was aged 47 years as on the date of occurrence of accident and he was running a business. Though he has stated that he was earning a sum of Rs.30,000/- per month, no cogent material has been produced to show the income of the claimant. Considering the nature of injuries suffered by the claimant, the tribunal has taken the income of the claimant at Rs.10,000/- per month. However, no amount is awarded towards loss of future earning capacity. The notional income chart of the Legal Services Authority prescribes Rs.14,000/- per month for the accident of the year 2019. The same is taken as the income of the claimant in the present case. 10. The claimant has got examined the Doctor as PW.2, who was opined that there is a disability of 49% to the left lower limb and 17% to the whole body. Though - 8 - NC: 2025:KHC:150 MFA No. 5196 of 2021 PW.2-Doctor, who is an Orthopaedic Surgeon at HOSMAT Hospital, is not a treated Doctor, he has provided his expert medical opinion with regard to disability suffered by the claimant. However, nothing contrary has been established in the cross-examination by the respondent- Insurance Company. In the present case on hand, considering the age and avocation of the claimant, it is not possible that a person having suffered disability to an extent of 49% to the left lower limb or 17% to the whole body as assessed by the Doctor, would not have any economic and functional disability in performing his day to day business activities. Be it, an avocation of just sitting in at one place and doing business. 11. Under the circumstance, though nothing much is elicited in the evidence of the claimant, this Court is of the opinion that 12% could be taken as disability for loss of future earning capacity of the claimant. In view of the fact that the claimant was aged 47 years, the appropriate multiplier would be applicable in the present case on hand - 9 - NC: 2025:KHC:150 MFA No. 5196 of 2021 is '13'. Therefore, the claimant would be entitled to Rs.2,62,080/- (Rs.14,000/- x 12 x 13 x 12%) towards loss of future earning capacity as against Rs.40,000/- awarded by the tribunal. 12. The tribunal awarded Rs.2,85,000/- towards medical expenses, which does not call for interference and the same is retained as it is on the actual expenditure incurred by the claimant. 13. The tribunal awarded Rs.5,000/- towards attendant, extra nutritious food and conveyance charges, which does not call for interference and the same is retained. 14. The tribunal awarded Rs.20,000/- towards pain and suffering. However, this Court deems it appropriate to award additional sum of Rs.10,000/-. In all, the claimant is entitled to Rs.30,000/- under this head. 15. The tribunal has not awarded any amount towards loss of income during laid up period. In view of this Court enhancing the income of the claimant from - 10 - NC: 2025:KHC:150 MFA No. 5196 of 2021 Rs.10,000/- to Rs.14,000/- and he would require atleast three months period to recuperate and to get back to his normal day to day activities, the claimant would be entitled to Rs.42,000/- (Rs.14,000/- x 3) under this head. 16. The tribunal awarded Rs.25,000/- towards loss of future amenities and happiness. However, this Court deems it appropriate to award additional sum of Rs.10,000/-. In all, the claimant is entitled to Rs.35,000/- under this head. 17. The tribunal awarded Rs.25,000/- towards future medical expenses, which does not call for interference and the same is retained. 18. Learned counsel for respondent-Insurance Company contends that in view of this Court enhancing the compensation under the head loss of future earning capacity, interest component would be reduced to 6% p.a. rather than 9% p.a. I am in agreement with learned counsel for appellant that respondent-Insurance Company - 11 - NC: 2025:KHC:150 MFA No. 5196 of 2021 is not in appeal and the interest component is retained at 9%. In view of this Court enhancing the compensation under the head loss of future earning capacity, this Court deems it appropriate to award interest component at 6% p.a. on the enhanced compensation. 19. In view of the above, the claimant would be entitled to a total compensation of Rs.6,84,080/- as against Rs.4,00,000/- as mentioned in the table below: Heads Amount in Rs. Loss of future earning capacity 2,62,080-00 Medical expenses 2,85,000-00 Attendant, extra nutritious food and conveyance charges 5,000-00 Pain and suffering 30,000-00 Loss of income during laid-up period 42,000-00 Loss of future amenities and happiness 35,000-00 Future medical expenses 25,000-00 TOTAL 6,84,080-00 20. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 05.08.2021 passed in MVC.No.2599/2019 by the Court of C/c XXII Additional Small Causes Judge and - 12 - NC: 2025:KHC:150 MFA No. 5196 of 2021 ACMM, Court of Small Causes, Bengaluru, is modified; iii) The claimant is entitled to a total compensation of Rs.6,84,080/- as against Rs.4,00,000/- along with interest @ 9% awarded by the tribunal; iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. by respondent- Insurance Company within a period of four weeks from the date of receipt of a copy of this order; v) The original records shall be transmitted to the jurisdictional tribunal forthwith; vi) All other terms and conditions stipulated by the tribunal with regard to release and deposit of the compensation amount is retained. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 49