- 1 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.209 OF 2020 (MV-I) BETWEEN: SRI. HARISH M., S/O. LATE MOHAN BABU G. M., AGE 35 YEARS, R/O.NO. 184/A, 12TH MAIN, MANJUNATHNAGAR, RAJAJINAGAR, BANGALORE-560 010. …APPELLANT (BY SRI. SURESH M. LATHUR, ADVOCATE (VC)) AND: 1. SRI. PARAMESH P. C., S/O. CHANDRAIAH, NO.13, MARUTHI NAGAR, KIRLOSKAR COLONY, OPP. LAKSHMI NAGAR, BASAVESHWARANAGAR, BANGALORE-560 079. 2. THE MANAGER, BHARTI AXA GENERAL INSURANCE COMPANY LIMITED, 1ST FLOOR, FIRMS ICON SURVEY-28, DODDANAKUNDI VILLAGE, K. R. PURAM, BANGALORE-560 037. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2, V/O. DATED 14.06.2023, NOTICE TO R1 DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11.09.2019 PASSED ON MVC NO.3201/2018 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-4), 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Suresh.M.Latur who appears through video conference and represents the appellant. Also heard Sri.Mallikarjuna Reddy.N.A who represents Sri.Pradeep.B, learned counsel on record for respondent No.2. 2. Aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.3201/2018 dated 11.09.2019, the present appeal is filed by the claimant. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident. The appellant as a driver by profession was - 3 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 earning Rs.15,000/- p.m. Due to the injuries sustained the appellant became permanently and completely disabled. Though sufficient proof was produced in respect of the disability, the Tribunal erroneously took the disability as 12% in respect of whole body. Learned counsel submits that the appellant underwent a surgery also. Yet the Tribunal did not award fair sum as compensation under any heads and therefore, the present appeal is filed. Learned counsel thereby seeks to enhance the compensation and grant the amount claimed. 4. Per contra the submission that is made by Sri.Mallikarjuna Reddy who represents respondent No.2 is that the Tribunal awarded huge sum of Rs.50,000/- under the head pain and suffering. Learned counsel also states that the compensation that is granted under all other heads is also justifiable. Learned counsel ultimately states that the award of the Tribunal requires no interference except in respect of enhancing a marginal amount under the head loss of future earnings. - 4 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 5. Except producing the copy of the driving license, the appellant did not produce any other evidence in respect of his occupation and earnings by the date of accident. However, having considered the fact that the accident occurred in the year 2017 and as the Karnataka State Legal Services Authority is also taking the notional income for the relevant period as Rs.11,000/- p.m., this Court considers desirable to take the notional income as Rs.11,000/- p.m. Though the learned counsel for the appellant stated that the disability in respect of whole body assessed by the Tribunal is wrong, yet having considered the findings of the Tribunal with regard to the evidence of Pw.2 and the nature of injuries sustained, this Court is of the view that the Tribunal rightly assessed the disability in respect of whole body as 12%. Thus without disturbing other parameters, the compensation which the appellant is entitled to receive under the head loss of future earnings will be Rs.2,53,440/- (Rs.11,000X12X16X12%). The Tribunal through the - 5 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 impugned order awarded a sum of Rs.2,31,000/- under the head loss of future earnings. Thus the enhancement will be Rs.22,440/- (Rs.2,53,440-Rs.2,31,000). 6. The Tribunal awarded a sum of Rs.50,000/- under the head pain and suffering, Rs.8,000/- under the head medical expenses, Rs.50,000/- under the head loss of income during laid up period, Rs.40,000/- towards food, nourishment and attendant charges, Rs.50,000/- towards loss of future amenities and happiness and Rs.20,000/- under the head future medical expenses. The sum thus awarded as compensation under each head is justifiable in the light of the injuries sustained by the appellant, the treatment which he took and also basing on the disability. Therefore, this Court is of the view that globally the appellant is entitled to an additional sum of Rs.50,000/- as compensation. 7. Thus, the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC:23532 MFA No. 209 of 2020 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.3201/2018 dated 11.09.2019 is enhanced by Rs.50,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 39