- 1 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7660 OF 2016 (MV) BETWEEN: SRI. ADINARAYANA REDDY S/O LATE NARASIMHAREDDY AGED ABOUT 25 YEARS R/AT NO.13, 'SRINIDHI' KOTE BEEDHI, KODIGEHALLI SAHAKARNAGARA POST BANGALORE- 560 092 PERMANENT ADDRESS MOTAKAPALLI (V), GULLUR (P) BAGEPALLI (T) CHIKKABALLAPUR DISTRICT. …APPELLANT (BY SRI. CHANDRASHEKARA N., ADVOCATE) AND: 1. THE UNITED INDIA INSURANCE CO. LTD., DIVISION OFFICE, KRISHI BHAVAN, 4TH FLOOR, NEAR MAGISTRATE COURT, CORPORATION CIRCLE BANGALORE-560 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 2. SRI M SHANKAR REDDY S/O LATE ASHWATHANARAYANA REDDY AGED ABOUT 44 YEARS NO.89, SECOND FLOOR 6TH MAIN, NAGENDRA BLOCK BSK, 3RD STAGE BANGALORE-560 050. …RESPONDENTS (BY SRI. S. SRISHAILA, ADVOCATE FOR R1 (VC); V/O DATED 20.07.2022 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2015 PASSED IN MVC NO.359/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, & XXVI ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant against the Judgment and award dated 07.02.2015 by the Judge, Court of Small Causes and XXVI ACMM, (SCCH-09), Bengaluru (hereinafter referred to as 'the Tribunal' for short) in M.V.C.No.359/2013. 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. Brief facts of the case are that: - 3 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 On 22.09.2012 at around 4.30 a.m., the petitioner was travelling as cleaner in TATA-207 vehicle bearing registration No.KA-40-2059. Driver of the said vehicle was driving it in rash and negligent manner. At Karkura Cross of Bagepalli Taluk, Chikkaballapur District, it met with an accident. As a result claimant sustained fracture of left tibia. He took treatment as inpatient. He has suffered permanent disability. He was aged 22 years at the time of accident and earning Rs.13,000/- per month. With these reasons, he prayed to award compensation of Rs.12,00,000/-. 4. Respondent No.1 is the insurer and respondent No.2 is the owner of the offending vehicle. Before the Tribunal, both respondents appeared and filed their respective written statements; denying the contents of the claim petition. Respondent No.1 contended that the petitioner was travelling in the offending vehicle as a gratuitous passenger. It also disowned its liability on the ground of breach of terms and conditions of the policy. Respondent No.2 contended that said vehicle was insured with respondent No.1 and in the event petition is allowed, respondent No.1 is liable to pay the same. With these reasons, sought for dismissal of claim petition. - 4 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 5. From the rival contentions of the parties, the Tribunal had framed the necessary issues for its determination. 6. The Claimant to prove his case, examined two witnesses as PW1 and PW2 and got marked 10 documents as per Ex.P1 to Ex.P10. Respondent No.1 examined one witness as RW-1 and marked 8 documents as per Ex.R1 to Ex.R8. 7. The Tribunal after hearing both the parties, held that the accident occurred due to the rash and negligent driving of the vehicle by its driver. 8. Tribunal held that the claimant sustained injuries as stated in the medical records and assessed his age as 22 years applied multiplier as `18', disability of the claimant as 8% to the whole body, his income at Rs.6,000/- per month and awarded following amount of compensation: SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 30,000/- 2. Attendant charges, nutritious expenses and transportation charges Rs. 2,000/- 3. Medical expenses Rs. 39,000/- 4. Loss of future income due to permanent disability Rs. 1,04,000/- 5. Loss of income during laid up period Rs. 12,000/- - 5 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 6. Loss of future amenities and happiness Rs. 15,000/- 7. Future medical expenses Rs. 15,000/- Total Rs. 2,17,000/- 9. Tribunal in all awarded Rs.2,17,000/- and directed respondents to pay the same. Being aggrieved by the same, the claimant has preferred this appeal seeking enhancement of the compensation. 10. I have Heard the arguments of learned counsels for both the sides. 11. Learned counsel for the appellant submits that the income of the claimant was not properly assessed. Though the claimant suffered disability of 12%, the Tribunal has taken it as 8% which is incorrect. The amount of compensation awarded under other heads are also on the lower side. Therefore, prayed to enhance the same. 12. Learned counsel for respondent No.1 submits that the Tribunal has properly appreciated the case and awarded a just and reasonable compensation which does not call for any - 6 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 interference by this Court. Therefore, sought for dismissal of the appeal. 13. The fact of occurrence of the accident and injuries sustained by the claimant are not seriously disputed. Therefore, there is no need to reconsider the same. 14. Claimant sustained the fracture of left tibia as per the medical records and as per the discharge summary he was inpatient in the hospital from 22.09.2012 to 25.09.2012. He underwent surgery according to PW2 who was not doctor who treated him. Disability of claimant in the left lower limb is 24% and to the whole body is 12%. 15. On reappreciation of oral and documentary evidence placed on record it is found that the income of the claimant assessed by the Tribunal is on the lower side. Tribunal considered the income of the claimant at Rs.200/- per day and assessed income at Rs.6,000/- per month. Admittedly claimant has not produced any reliable materials to show he was earning Rs.13,000/- per month. Therefore, his notional income has to be assessed following the chart prepared by Karnataka State - 7 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 Legal Services Authority, his income is assessed as Rs.7,000/- per month. 16. The Tribunal has properly appreciated the evidence of PW2 for assessment of disability. Disability of left lower limb is 24% when it is compared to whole body, it shall be 1/3rd. Tribunal has taken permanent disability at 8% which does not call for interference. Re-appreciating the material available on record following compensation is awarded: SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 30,000/- 2. Attendant charges, special diet and conveyance charges Rs. 25,000/- 3. Medical expenses Rs. 39,000/- 4. Loss of future earnings due to permanent disability Rs.7,000x18x12x8% Rs. 1,20,960/- 5. Loss of income during laid up period Rs.7,000x3 Rs. 21,000/- 6. Loss of future amenities Rs. 25,000/- 7. Future medical expenses Rs. 20,000/- Total Rs. 2,80,960/- Less: awarded by the Tribunal Rs. 2,17,000/- Enhancement Rs. 63,960/- Rounded of to Rs. 64,000/- - 8 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 17. Claimant is entitled to interest on the enhanced amount at the rate of 6% per annum from the date of claim petition till its realization. 18. Appeal was filed after delay of 542 days. While allowing the said application seeking condonation of delay, this Court ordered that the claimant would not be entitled to interest for the delay period. The claimant is also not entitled to interest on future medical expenses. 19. Undisputedly respondent No.1-insurer and respondent No.2 owner of the offending vehicle both are jointly and severally liable to pay the compensation. 20. For the aforesaid discussions following: ORDER i. The appeal is allowed in part. ii. The impugned Judgment and award dated 07.02.2015 passed by the Judge, Court of Small Causes and XXVI ACMM, (SCCH-09), Bengaluru, in MVC No.359/2013 is modified; iii. The claimant is entitled for enhanced compensation of Rs.64,000/- with interest at the - 9 - HC-KAR NC: 2025:KHC:22136 MFA No. 7660 of 2016 rate of 6% per annum from the date of petition till its realization excluding the period of delay of 542 days. He is also not entitled to interest on the enhanced amount towards future medical expenses. iv. The enhancement of compensation is marginal. Therefore entire enhanced amount is ordered to be released in favour of the claimant on due identification. v. Send the copy of this Judgment along with trial Court records to the Tribunal. SD/- (UMESH M ADIGA) JUDGE SBN List No.: 1 Sl No.: 16