- 1 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4749 OF 2024(MV-I) BETWEEN: SMT. UMADEVI W/O LATE M KEMPAIAH, AGED ABOUT 47 YEARS, R/O. 339, 1ST MAIN ROAD, 8TH CROSS, MANJUNATHA NAGAR, NAGASANDRA, BANGALORE NORTH, BANGALORE - 560073 NOW RESIDING AT REDDYKATTE, CHIKKABIDARAKALLU VILLAGE, NAGASANDRA POST, BANGALORE - 560073 …APPELLANT (BY SRI. SATHISHA T., ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 AND: MANAGING DIRECTOR, B. M. T. C. CENTRAL DIVISION, K.H.ROAD, SHANTHINAGARA, BANGALORE - 560027. …RESPONDENT (BY SRI. K. NAGARAJA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2023 PASSED IN MVC NO.1936/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU, SCCH-25, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 ORAL JUDGMENT At request of Sri.Sathisha T., learned counsel for the appellant who appears before this Court physically as well as Sri.K.Nagaraja, learned counsel for the respondent who appears through video conference, the matter is taken up for final hearing and disposal. 2. The appellant who sustained injuries in a road traffic accident filed a petition seeking compensation of Rs.15,00,000/- in total. The Motor Accident Claims Tribunal, Bengaluru, which dealt with the case as MVC No.1936/2021 rendered orders on 17.10.2023 holding that the appellant is entitled to a sum of Rs.4,51,500/- as compensation. Projecting that the sum thus awarded is grossly low, the present appeal is filed. 3. Learned counsel for the appellant submits that the appellant sustained two grievous injuries in a road traffic accident. The appellant as a tailor was earning Rs.20,000/- per month. However the Tribunal took the notional income of the appellant as Rs.11,500/- per month. Learned counsel states that the accident occurred in the year 2020 and for the relevant - 4 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 period, the Karnataka State Legal Services Authority is taking the notional income as Rs.14,500/- per month for settlement of claims and atleast said figure should have been adopted by the Tribunal. Learned counsel contends that the compensation granted by the Tribunal in all heads is on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, learned counsel for the respondent states that the Tribunal having considered the totality of evidence, granted justifiable sum as compensation and therefore the award of the Tribunal needs no interference. 5. The Tribunal through the impugned order awarded a sum of Rs.4,51,301/- rounded off to Rs.4,51,500/- as compensation divided under the following heads: Sl. No Heads of compensation Amount in Rs. 1 Pain and suffering 40,000.00 2 Medical expenses 1,66,601.00 3 Loss of income during laid up period 11,500.00 4 Loss of future income 1,93,200.00 5 Loss of future amenities and happiness 20,000.00 6 Attendant, conveyance, food and nourishment charges 20,000.00 Total 4,51,301.00 - 5 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 6. It is not in dispute that the appellant sustained fracture of right 2nd and 3rd metatarsal bones as well as fracture of right knee joint which are grievous in nature. Having considered the evidence of PW2 the Tribunal rightly assessed the functional disability in respect of whole body as 10%. However, considering the submission that is made by the learned counsel for the appellant in respect of notional income to be taken, this Court considers desirable to take the notional income of the appellant as Rs.14,500/- per month. Thus, without disturbing the other parameters i.e. application of multiplier '14' and 10% towards permanent and physical disability the compensation which the appellant is entitled to receive under the head loss of future earning is Rs.2,43,600/- (14,500/- x 12 x 14 x 10%). The Tribunal granted a sum of Rs.1,93,200/- only under the said head. Thus, the appellant is entitled to receive an additional sum of Rs.50,400/- (Rs.2,43,600/- minus Rs.1,93,200/-) under the head loss of future earnings. 7. Considering the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. - 6 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 Thus, loss of earning during laid up period comes to Rs.43,500/- (Rs.14,500/- x 3). The sum that is granted as compensation by the Tribunal towards loss of income during laid up period is Rs.11,500/- only. Thus, enhancement will be Rs.32,000/- (Rs.43,500/- minus Rs.11,500/-). 8. Also this Court is of the view that, the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering. However, the Tribunal awarded a sum of Rs.40,000/- only. Thus, the enhancement will be Rs.10,000/- (Rs.50,000/- minus Rs.40,000/-). Therefore, the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.92,400/- (Rs.50,400/- + Rs.32,000/- + Rs.10,000/-). 9. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. - 7 - HC-KAR NC: 2025:KHC:37257 MFA No. 4749 of 2024 ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru, through orders in MVC No.1936/2021 dated 17.10.2023 is enhanced by Rs.92,400/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 159 days as per orders in IA No.1/2024. iv) Respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 40