- 1 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5074 OF 2019 (MV-I) BETWEEN: RATHNAIAH @ RATHNAPPA S/O LATE MUNISWAMY AGED ABOUT 55 YEARS R/AT NO.1091/40, NEAR CRICKET GROUND 3RD D MAIN, AECS LAYOUT KUNDALAHALLI, BANGALORE-37 PRESENT ADDRESS NO.108, I CROSS SHIRDI SAI NAGAR, MUNENAKOLALU MARATHAHALLI COLONY BANGALORE-37 …APPELLANT (BY SRI. SHRIPAD V SHASTRI , ADVOCATE) AND: 1. VENKATESHAPPA M S/O MUNIYAPPA R/AT HALEYURU, NANDAGUDI POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT 2. ICICI LOMBARD GENERAL INSURANCE CO.LTD. NO.89, SVR COMPLEX HOSUR MAIN ROAD MADIVALA, BANGALORE-68 BY ITS MANAGER …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 17.6.2025) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2018 PASSED IN MVC NO.1456/2016 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU [SCCH-14], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 26.09.2018 passed in MVC No.1456/2016 by the Member, MACT., XVI Addl. Judge, Court of Small Causes, Bangalore, (SCCH-14)2 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 26.09.2018 partly allowed the claim petition and awarded a total compensation of `2,37,000/- together with interest 7% per annum. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 3. The findings of the Tribunal on negligence and on liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 4. Heard the submissions of learned counsel Shripad V. Shastri appearing for the appellant/claimant and learned counsel Sri B.C. Shivanne Gowda, appearing for respondent No.2/insurer. Perused the records, including the records of the Tribunal. 5. It is forthcoming that the claimant was aged 65 years. years as on the date of the accident i.e., on 19.01.2016. Hence, the Tribunal has applied the appropriate multiplier of ‘7’ which is just and proper. 6. It was averred that the claimant was a Driver and was earning `15,000/- per month. However, no records have been produced to prove his income. Hence, the Tribunal has assessed the income of `7,000/- per month. However, having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,500/- p.m. - 4 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 7. It is evident that from the wound certificate (Ex.P5), discharge card (Ex.P7) and other medical records that the claimant has sustained fracture of right proximal tibia type 2 open and fracture of 5th metacarpal of the right hand. The claimant was treated as an inpatient for a total period of 17 days. The Doctor (PW.3) has further deposed that the fracture of shaft metacarpal right hand is malunited. That the claimant complains of pain and is limping, wasting of right lower limb and surgical scars are seen over right knee as well as proximal leg, deformity of right little finger. The Doctor further deposed that the disability of right side upper and lower limbs is at 45% and that of the whole body is at 23%. The Tribunal has assessed the whole body disability at 15%. However, having regard to the disability as deposed by Doctor, it is just and proper to re-assess the disability as 20%. 8. In view of the aforementioned, the compensation is re- assessed as follows: 8.1 Having regard to the nature of injuries sustained, the compensation towards pain and suffering is re-assessed as `50,000/- as against `40,000/- awarded by the Tribunal; - 5 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 8.2 The compensation awarded by the Tribunal towards medical expenses in a sum of `32,500/- and future medical expenses of `10,000/- is just and proper; 8.3 Having regard to the nature of injuries and the period of treatment, the compensation towards food, nourishment and attendant charges is re-assessed as `20,000/- as against `15,000/- awarded by the Tribunal; 8.4 The Tribunal has assessed the period of treatment as 3 months. Hence, the loss of income during laid up period is re- assessed as (`9,500 x 3) `28,500/- as against `21,000/- awarded by the Tribunal; 8.5 Having regard to the nature of injuries sustained and the resultant disability, the loss of amenities is re-assessed as `40,000/- as against `30,000/- awarded by the Tribunal; 8.6 The Loss of future earning capacity/disability is re- assessed as (`9,500 x 12 x 7 x 20%) `1,59,600/- as against `88,500/- awarded by the Tribunal. 9. In view of the aforementioned, the compensation is re- assessed as follows: - 6 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 Sl. No. Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 40,000.00 50,000.00 2 Food, nourishment, conveyance and attendant charges 15,000.00 20,000.00 3 Medical expenses 32,500.00 32,500.00 4 Loss of income during the period of treatment 21,000.00 28,500.00 5 Loss of future earnings 88,500.00 1,59,600.00 6 Loss of amenities 30,000.00 40,000.00 7 Future medical expenses 10,000.00 10,000.00 Total 2,37,000.00 3,40,600.00 10. taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 11. The Tribunal has assessed the total compensation at `2,37,000/-. However, the Tribunal has recorded a finding that the insurer is liable to pay 90% of the compensation awarded having regard to the finding of negligence and accordingly, directed that the insurer shall be liable to pay 90% of `2,37,000/- i.e., `2,13,300/-. Accordingly, the insurer is liable to pay 90% of the amount enhanced herein. Hence, the enhancement of compensation after deducting 10% of - 7 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 negligence of the claimant is re-assessed as `3,06,540/-. Hence, the claimant is entitled for enhanced compensation of (`3,06,540/- - `2,13,300) `93,240/- which is rounded off to `94,000/-. 12. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 26.09.2018 passed in MVC No.1456/2016 by the Member, MACT., XVI Addl. Judge, Court of Small Causes, Bangalore, (SCCH-14) is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `94,000/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks. - 8 - HC-KAR NC: 2025:KHC:26821 MFA No. 5074 of 2019 v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 17