- 1 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8631 OF 2013 (MV-I) BETWEEN: IRFAN, S/O ABDUL MUNAF, AGED ABOUT 23 YEARS, C/O SHAFFI, 3RD MAIN, SHIVAJINAGAR, BANGALORE - 560 001. …APPELLANT (BY SRI. VISHWANATHA K, ADVOCATE) AND: 1. MR. R. KULANDAIVAL, S/O RAMASWAMY, MAJOR IN AGE, R/O NO.2/104, ALANGKATTU KALLANAKATTU, VALASU POST, KOMARAPALYAM, THIRUCHENGODU TALUK AND DISTRICT, TAMILNADU STATE - 637 211. (OWNER OF THE TUSKER IRROY BEARING, REG.NO.TA-34-F-5787) 2. M/S. ROYAL SUNDARAM ALIANCE, INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER LEGAL, MANGALYA PUNARBHAV, #132, BRIGADE ROAD, BANGALORE - 560 025. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 VIDE COVER NOTE NO.1233462 DATED:23/10/2009, VALID FROM 24/10/2009 TO 23/10/2010. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 10.09.2015, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.3.2013 PASSED IN MVC NO.6990/2010 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.6990/2010 dated 26.03.2013 by the XIV Additional Judge and M.A.C.T., Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that he has sustained fracture injury in the accident and also sustained the disability. Because of the injury sustained by him, as per the evidence of the doctor, he had sustained 33.7% disability to the right lower limb and 17% disability to the whole body. The Tribunal has taken 10% as disability. When it comes to the income, the - 3 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 Tribunal had taken Rs.5,000/- per month and towards 'pain and suffering', an amount of Rs.30,000/- is granted, for 'medical expenses and other incidental expenses', an amount of Rs.2,000/-, for 'loss of amenities and future discomfort', an amount of Rs.10,000/-, for 'loss of earning during treatment period', an amount Rs.10,000/-, for 'loss of future earning capacity due to disability', an amount of Rs.1,08,000/- and for 'future medical expenses', an amount of Rs.5,000/- is granted, total an amount of Rs.1,65,000/- is granted by the Tribunal. When it comes to the liability, the Tribunal has held that the Insurance Company is liable to pay the compensation. But as three persons were traveling in a motorcycle, the contributory negligence is fixed at 10% on the claimant. Aggrieved thereby, the claimant is before this Court seeking enhancement of compensation. 3. Learned counsel appearing for the appellant- claimant submits that on all the heads, the amount granted by the Tribunal is on the lower side and it is not a reasonable compensation. It is submitted that the Tribunal ought to have taken notional income at Rs.5,500/- as the accident had taken place in the year 2010. It is further submitted that according to - 4 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 the doctor, the claimant has sustained 17% of disability to the whole body, but the Tribunal has taken only at 10% and on that count also, it requires enhancement. It is submitted that without any basis, the contributory negligence is fixed at 10%. 4. Learned counsel appearing for the respondent- Insurance Company submits that the Tribunal, considering the injuries and disability, has rightly granted the compensation and no enhancement is required. The claimant is not entitled for any enhancement. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of contributory negligence, considering the evidence on record and the findings of the Court, the judgment and award in this aspect is well considered one and no interference is called for from this Court. As far as enhancement is concerned, towards ‘pain and suffering’, this Court is granting an amount of Rs.40,000/- considering the grievous injuries sustained by him. As the accident is of the year 2010, considering the notional income at Rs.5,500/- for three months, this Court is granting an amount of Rs.16,500/- towards 'loss of income - 5 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 during laid up period'. Towards ‘attendant, food, nourishment and hospitalization', this Court is granting an amount of Rs.20,000/-. Towards 'medical expenses, and 'future medical expenses', an amount of Rs.2,000/- and Rs.5,000/- is granted by the Tribunal which is reasonable amount and no interference is called for from this Court. Then coming to the 'loss of future earning capacity due to disability', this Court is taking notional income at Rs.5,500/-, when it comes to the disability, as per the doctor evidence, the disability to the limb is 13.7% and to the whole body, it would be 11.33%. As the claimant is aged 20 years, the appropriate multiplier applicable is '18'. Hence, the 'loss of earning capacity due to disability' is Rs.5,500x12x18x11.33% = Rs.1,34,600/- and the claimant is entitled for that amount. Towards 'loss of amenities', an amount of Rs.10,000/- granted by the Tribunal is a reasonable amount and no interference is called for from this Court. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI - 6 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 30,000/- 40,000/- 2. Medical Expenses and other incidental charges : Rs. 2,000/- 2,000/- 3. Attendant and nourishment charges : Rs. -- 20,000/- 3. Loss of amenities and future discomfort : Rs. 10,000/- 10,000/- 4. Loss of earning during the treatment : Rs. 10,000/- 16,500/- 5. Loss of future earning capacity due to disability : Rs. 1,08,000/- 1,34,600/- 6. Future medical expenses : Rs. 5,000/- 5,000/- 7. Legal Expenses : Rs. -- 10,000/- TOTAL : Rs. 1,65,000/- 2,38,100/- 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 8. The compensation comes to Rs.2,38,100/-. As the contributory negligence fixed by the Tribunal is at 10%, the claimant is entitled for compensation of an amount of Rs.2,14,290/-(Rs.2,38,100 - 10%). 9. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from Rs.1,65,000/- to Rs.2,14,290/- and the Insurance company is liable to pay the compensation. ORDER i) The Appeal is partly allowed enhancing the compensation amount from Rs.1,65,000/- to Rs.2,14,290/-. The Insurance Company is liable to pay the compensation. ii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. - 8 - NC: 2025:KHC:10557 MFA No. 8631 of 2013 iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v) No costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 3 Sl No.: 6 CT: BHK