- 1 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6234 OF 2017 (MV-I) BETWEEN: SRI. MAHADEVA N, S/O SRI. MALLAIAH AGED ABOUT 41 YEARS RESIDING AT NO.2, 1ST FLOOR, BEML ROAD, CHANNASANDRA, BANGALORE 560 098. …APPELLANT (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) AND: 1. SRI. BINAY KUMAR DAS S/O DURGA MADHABA DAS, AGED ABOUT 24 YEARS RESIDING AT NO.467, M.S.P.G, 2ND CROSS, 3RD MAIN ROAD, GLOBAL VILLAGE, MYLASANDRA KENGERI, BANGALORE 560 098. 2. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, LEELA BUSINESS PARK, 6TH FLOOR, ANDHERI KURLA ROAD, MUMBAI 400 059. REPRESENTED BY AUTHORISED SIGNATUORY …RESPONDENTS (BY SRI. H S LINGARAJU, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 23.03.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.05.2017 PASSED IN MVC NO.4806/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BENGALURU. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicle Act, 19881 challenging the judgment and award dated 18.05.2017 passed in MVC.No.4806/2016 by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18)2 seeking for enhancement of compensation. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The relevant facts in a nutshell are that on 05.07.2015 when the claimant was proceeding on his motor cycle another motor cycle came from wrong side and hit the motorcycle in which the claimant was traveling, causing the 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 accident in question, whereunder he sustained grievous injuries. Claiming compensation for the injuries sustained, the claimant instituted claim proceedings arraying the owner and insurer of the offending motor cycle as respondent Nos.1 and 2. Respondent No.1 - owner remained ex-parte before the Tribunal. Respondent No.2 – insurer contested the claim proceedings. The Tribunal by its judgment and award dated 18.05.2017 partly allowed the claim petition and awarded a compensation of `2,87,000/- together with interest at 9% per annum and held respondent Nos.1 and 2 jointly and severally liable to pay the compensation awarded. Respondent No.2 – insurer was directed to deposit the compensation awarded. Being aggrieved the present appeal is filed by the claimant seeking for enhancement of quantum of compensation. 4. Heard the submissions of learned counsel Sri. Sharath Kumar Shetty, appearing for the appellant and learned counsel Sri. HS Lingaraju, appearing for respondent No.2 – insurer. 5. Learned counsel for the appellant contends that the quantum of compensation awarded by the Tribunal is on the - 4 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 lower side and that the claimant despite having produced all medical bills for a total sum of `1,45,586/-, without giving any reason the Tribunal has awarded only a sum of `71,000/- towards medical expenses. It is further contended that compensation awarded on various other heads is also on the lower side. 6. Per contra, learned counsel for respondent No.2 – insurer justifies the compensation awarded by the Tribunal. 7. The submissions of both the learned counsels have been considered and the material on record including the records of the Tribunal have been perused. 8. The finding of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect adjudicated upon in the present appeal is with regard to enhancement of compensation awarded by the Tribunal. 9. The claimant was aged 46 years as has been held by the Tribunal by noticing the date of birth mentioned in the driving license (Ex.P.13a). It is forthcoming from the wound - 5 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 certificate (Ex.P.6) and the discharge summary (Ex.P.15) that the claimant sustained lacerated wound over plantar aspect of the right great toe, degloving injury of right great toe with open fracture of the proximal phalanx. The claimant was treated as inpatient from 05.07.2015 to 08.07.2015 and he was discharged against medical advice due to financial constraints. 10. Doctor (PW.2) has deposed that the claimant has disability of the right fore foot with deformity and sensory loss. It is further deposed that he cannot stand and work for long periods and has moderate pain in his foot, ankle and toe of his right leg. PW.2 has assessed disability to the lower limb at 34% and the total body disability at 11.3%. The Tribunal considering the aspect of disability noticed that PW.1 in his cross- examination has deposed that he continued work and hence, awarded a sum of `1,00,000/- towards loss of disablement. Although, PW.1 has deposed in the cross-examination that he has continued to work, the nature of injuries having been admitted and keeping in mind the testimony of the doctor (PW.2) it is just and proper that the disability of the claimant be re-assessed at 5%. - 6 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 11. The claimant has deposed that he was working as a mason. However, no documents have been produced to prove the income. Hence, the income to be assessed as notional income. The Tribunal has assessed the income at `8,000/- pm,. However, keeping in mind the date of accident, the income of the claimant be re-assessed at `9,000/- pm,. 12. Having regard to the aforementioned, the compensation is re-assessed as follows: i. Having regard to the nature of injuries sustained the compensation awarded towards pain and suffering is at `30,000/- as against `25,000/- awarded by the Tribunal. ii. Loss of income has been assessed by the Tribunal for the period of three months, accordingly, a compensation of `(9000/- X 3)= `27,000/- is to be awarded towards loss of income during laid up period as against `25,000/- awarded by the Tribunal. iii. Although, the claimant has produced medical bills (Ex.P.12) for a total sum of `1,45,586/- the Tribunal has awarded only a sum of `71,000/-. Upon re-appreciation of the - 7 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 medical bills produced it is noticed that a sum of `37,701/- is required to be deducted from the total medical bills produced. Hence, the medical expenses is re-assessed at a sum of `1,07,885/- rounded off to `1,10,000/-. iv. Having regard to the nature of injuries sustained and the resultant disability, the loss of amenities is re- assessed at `30,000/- as against `25,000/- awarded by the Tribunal. v. Having regard to the nature of injuries sustained and the period of treatment, it is just and proper what the compensation of `15,000/- be awarded towards food, nutrition and attendant charges as against `6,000/- awarded by the Tribunal. vi. The compensation towards loss of disability is re- assessed as `(9,000/- X 12 X 13 X 5% )= `70,200/- as against `1,00,000/- awarded by the Tribunal. vii. The Tribunal has awarded sum of `35,000/- towards future medical expenses. It is noticed that PW.2 has deposed that claimant will be required to under go another - 8 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 surgery. Hence, the compensation awarded towards the same is just and proper. 13. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 25000.00 30000.00 2 Towards disablement 100000.00 70200.00 3 Towards loss of amenities 25000.00 30000.00 4 Towards food, nourishment and attendant charges 6000.00 15000.00 5 Towards loss of income during laid up period and rest period 25000.00 27000.00 6 Towards medical expenses 71000.00 110000.00 7 Towards future medical expenses 35000.00 35000.00 Total 287000.00 317200.00 14. Accordingly, the Claimant is entitled to enhanced compensation of (`3,17,200/- - `2,87,000/-) = `30,200/-. - 9 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 15. Taking judicial notice of the rate of interest awarded towards fixed deposits interest on the enhanced compensation is awarded as 7% pa. 16. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 18.05.2017 passed in MVC.No.4806/2016 by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18), is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of `30,200/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; - 10 - HC-KAR NC: 2025:KHC:18880 MFA No. 6234 of 2017 v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. SD/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 53