- 1 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7462 OF 2022 (MV-I) BETWEEN: SMT. MAHADEVAMMA W/O RAMACHANDRA AGED ABOUT 37 YEARS RESIDING AT NO.62 GUNDANA GOLLAHALLI VILLAGE KARIKALLADODDI POST MARALAVADI HOBI KANAKAPURA TALUK RAMANAGARA DISTRICT, PIN-562 112 …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. THE ORIENTAL INSURANCE COMPANY LTD REGIONAL OFFICE, T.P HUB NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560 025 BY IT'S MANAGER 2. MR. VENKATARAMANAIAH S/O VENKATAPPA MAJOR RESIDING AT DYAVASANDRA VILLAGE ATTIGUPPE POST, HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT PIN-562 112 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 3. THE NEW INDIA ASSURANCE COMPANY LTD T.P HUB, NO.9/2, II FLOOR MAHALALSKHMI CHAMBERS M.G.ROAD, BENGALURU 560 001 4. MR. VENKATESH S/O CHIKKANNA SINCE DEAD BY HIS LRs SMT. MANJULAMMA W/O LATE VENKATESH MAJOR RESIDING AT NO.70 BANNIKUPPE VILLAGE HAROHALLI HOBI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 112 …RESPONDENTS (BY SRI. K. POORNABODHA RAO, ADVOCATE FOR R1; SRI. B.J. MAHESH, ADVOCATE FOR R2; SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R3; V/O DTD.07.03.24 NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.06.2022 PASSED IN MVC NO.1244/2017 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, (SCCH-7), 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 - 3 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 24.06.2022 passed in MVC.No.1244/2022 on the file of the IX ASCJ Small Causes and Additional MACT, Bengaluru (SCCH-7) (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. Brief facts of the case are as under: It is the case of the claimant that on 11.01.2017, she was traveling in the Auto Rickshaw bearing Registration No.KA-42-A-6818. The driver of the Auto Rickshaw drove the same in high speed in a rash and negligent manner and dashed against the Tractor-Trailer, coming from the opposite direction, due to which the Auto Rickshaw turned turtle and the claimant sustained severe injuries due to the accident. The claimant undertook treatment and - 4 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 expenditure was incurred by her for the said treatment. Hence, she filed a claim petition seeking compensation. 4. On appearance, respondents filed a statement of objection and denied the claim of the claimant. On the basis of material placed on record, the tribunal awarded total compensation of Rs.2,38,851/- along with interest at 6% per annum, fastened the liability as against respondent No.3 - insurer of the Auto Rickshaw and the petition as against respondent Nos.1 and 2 came to be dismissed. 5. The claimant being dissatisfied with the inadequate compensation is before this Court seeking enhancement of compensation. 6. It is the vehement contention of the learned counsel for the claimant that the tribunal awarded inadequate and meager compensation without taking into consideration the materials placed on record, both oral and documentary. Despite evidence of the Doctor - PW.2, the - 5 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 disability is reduced by the tribunal to 8% from 14%, which is erroneous. The income adopted by the tribunal on the basis of notional income is erroneous, same requires to be enhanced and on other heads also the compensation requires to be enhanced. Therefore, he seeks to allow the appeal and consequently enhance the compensation. 7. Per contra, learned counsel for respondent No.3 -Insurance Company of the Auto Rickshaw, sustains the impugned judgment and award on the ground that the same is just and reasonable. He also contends that the compensation awarded is on the higher side, and the disability assessed by the tribunal is on the higher side, which requires to be reduced. On these grounds, he seeks dismissal of the appeal. 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, injuries sustained by the - 6 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 claimant in the road traffic accident, are established and proved by the production of Exs.P1 to P17. Negligence is rightly attributed against the driver of the offending vehicle i.e., Auto Rickshaw and the liability is rightly fixed against the Insurance Company of the Auto Rickshaw. 9. Now coming to the question of age, avocation, and income for computation of compensation. It is seen that the appellant - claimant was aged 32 years as on the date of occurrence of the accident. The appropriate multiplier is '16', which is correctly taken by the tribunal, the same does not call for interference. However, income taken by the tribunal appears to be on the lower side. I am in agreement with the learned counsel for the claimant that the income requires to be enhanced to Rs.11,000/- in consonance with the Legal Services Authorities Chart for the year 2017, which prescribes Rs.11,000/- p.m. 10. On the issue of disability, the Doctor - PW.2 has opined whole body disability at 14% without opining disability to the particular limb. The tribunal has assessed - 7 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 the disability at 8% to the whole body. Considering the fact that the claimant is a labourer involved in agricultural work, this Court deems it appropriate to consider the disability at 10% as against 8% opined by the tribunal. Therefore, loss of future earning capacity due to disability would be Rs. 2,11,200/- (Rs.11,000 x 12 x 16 x 10%) as against Rs.1,38,240/- awarded by the tribunal. 11. Towards pain and suffering, the tribunal awarded Rs.50,000/-, and towards medicine and hospital charges, Rs.10,611/- is awarded by the tribunal. Same is retained. 12. Towards loss of income during laid up period, the tribunal has awarded Rs.20,000/-. The claimant would require at-least three months period to recuperate and to get back to his normal day to day activities. Therefore, the claimant would be entitled to Rs.33,000/- (Rs.11,000 x 3) under this head. - 8 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 13. Towards loss of amenities, Rs.20,000/- is awarded by the tribunal. Same is retained. 14. Towards food, nourishment, attendant and conveyance charges Rs.6,000/- is awarded, in view of the fact that the claimant was inpatient for 6 days. 15. In view of the discussions made hereinabove, the appellant - claimant would be entitled to total compensation of Rs.3,30,811/- as against Rs.2,38,851/- as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income 2,11,200-00 2 Pain and suffering 50,000-00 3 Loss of amenities 20,000-00 4 Loss of income during laid-up period 33,000-00 5 Food, nourishment, attendant and conveyance charges 6,000-00 6 Medical expenses 10,611-00 TOTAL 3,30,811-00 - 9 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 16. Accordingly, I pass the following: ORDER i) The appeal is allowed in part. ii) The impugned Judgment & Award dated 24.06.2022 passed by the IX ASCJ Small Causes and Additional MACT, Bengaluru (SCCH-7) in MVC No.1244/2017, is modified. iii) The appellant-claimant would be entitled to total compensation of Rs.3,30,811/- as against Rs.2,38,851/- awarded by the tribunal along with interest at 6% per annum. iv) The liability is fastened on respondent No.3 - Insurer of the Auto Rickshaw. v) The balance compensation amount shall be paid within four weeks from the date of receipt of copy of this order. vi) 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. - 10 - NC: 2025:KHC:2105 MFA No. 7462 of 2022 vii) All other terms and conditions stipulated by the tribunal shall stand intact. viii) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. ix) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE AM List No.: 1 Sl No.: 8