- 1 - HC-KAR NC: 2025:KHC:36445 MFA No. 4742 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4742 OF 2024 (MV-I) BETWEEN: MR. RAMACHANDRA V S/O. SRI. VENKATAPPA, AGED ABOUT 54 YEARS, R/AT NO. 412, BYADARAHALLI VILLAGE, GOVERNMENT SCHOOL ROAD VISHWANEEDAM, BANGALORE - 560 091. …APPELLANT (BY SRI. KAILAS SHANKAR P.S., ADVOCATE) AND: THE MANAGING DIRECTOR BMTC, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. …RESPONDENT (BY SRI. NAGARAJA K., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2023 PASSED IN MVC NO. 4540/2021 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL, A.C.M.M, MEMBER-MACT, BENGALURU (SCCH-26), PARTLY 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 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36445 MFA No. 4742 of 2024 ORAL JUDGMENT Heard Sri. Kailas Shankar P.S learned counsel for the appellant who appears physical before this Court as well as Sri. Nagaraja.K learned counsel for the respondent who appears through video conference. At request of both the learned counsel the matter is taken up for final hearing and disposal. 3. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bangalore in M.V.C. No.4540/2021 dated 30.01.2023. 4. Arguing on merits of the matter learned counsel for the appellant submits that the appellant sustained grievous injury to the right leg and the said injury resulted in amputation of right leg below knee. Learned counsel submits that the appellant was engaged in various activities by the date of accident and he was earning ₹30,000/- per month. Without considering these aspects the tribunal awarded meagre sum as compensation under - 3 - HC-KAR NC: 2025:KHC:36445 MFA No. 4742 of 2024 each head and therefore the appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 5. On the other hand, learned counsel who represents the respondent contends that the tribunal awarded exorbitant sum as compensation but without being satisfied with what he got, the appellant is before this Court and therefore the appeal is not maintainable. 6. The tribunal through the impugned order awarded a sum of ₹16,86,242/- as compensation divided under following heads:- Heads Amount in Rs. Attendant charges, extra nutritious food and conveyance charges 10,000.00 Pain and sufferings 35,000.00 Loss of income during laid up period 90,000.00 Medical expenses 1,65,397.00 Loss of future income due to disability 11,88,000.00 Loss of future amenities and happiness 35,000.00 Future medical expenses 1,62,845.00 Total 16,86,242.00 - 4 - HC-KAR NC: 2025:KHC:36445 MFA No. 4742 of 2024 7. It is not in dispute that the injuries sustained by the appellant in a road traffic accident resulted in right leg below knee amputation. The witness of the appellant i.e., PW-2 deposed that the appellant is having disability to an extent of 70% in respect of right lower limb and 35% in respect of whole body. However, for calculating the compensation in respect of loss of earnings due to permanent physical disability, the tribunal took the whole body disability as 60%. Though the evidence of PW 2 who is the witness of the appellant himself is that the disability in respect of whole body is 35% the tribunal took the disability as 60% and awarded a sum of ₹11,88,000 as compensation. The total sum that is awarded as compensation is Rs.16,86,242/-. 8. Therefore, this Court is of the view that the respondent is justified in his submission that the appellant received justifiable sum as compensation. This Court does not find any grounds to enhance the compensation further. Only because the compensation granted under the head - 5 - HC-KAR NC: 2025:KHC:36445 MFA No. 4742 of 2024 pain and suffering and loss of future amenities is a bit lower, the compensation granted under those heads cannot be enhanced when the total sum that is awarded as compensation is justifiable and is in accordance with law. Therefore, this Court ultimately holds that the appeal lacks merits. Resultantly the appeal stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 31 CT: BHK