- 1 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2098/2016 (MV-I) BETWEEN: 1. SRI. MANJUNATH @ MANJUNATHA, S/O MUNIVENKATAPPA, AGED ABOUT 31 YEARS, R/AT NO.93, SONNENAHALLI, KOLAR-563133. NO.93/5A, 2ND CROSS, RAMASWAMY LAYOUT, HALAHALLI ROAD, VARTHUR, BENGALURU-560087. …APPELLANT (BY SRI. YAKSHITH K.A. ADVOCATE FOR SRI. SIDDHARTH B. MUCHANDI, ADVOCATE) AND: 1. MUNIVENKATAPPA, S/O MUNIRAMAPPA, SONNEHALLI (V), CHAKARSANAHALLI KOLAR-563101 (RC OWNER OF AUTO RICKSHAW BEARING REGISTRATION NO.KA-07/8880). 2. M/S CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., NO.135/5, 2ND FLOOR, 15TH CROSS, J.P.NAGAR, 3RD PHASE, BENGALURU-560078. (POLICY No.3368/00340308/000/03 VALIDITY 23/09/2012 TO 22/09/2013. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 3. SRI. ANANDA, S/O MUNIVENKATAPPA, R/AT. SONNENAHALLI VILLAGE, CHAKRASANAHALLI POST, KOLAR TALUK AND DISTRICT-563133. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 18.03.2020, NOTICE TO R1 D/W; R3 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.10.2015 PASSED IN MVC No.5924/2013 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE AND MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSASTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This M.F.A. is filed against the award of the Tribunal in M.V.C.No.5924/2013 dated 26.10.2015. The claimant filed the claim application claiming compensation of Rs.20,00,000/- with interest. The Tribunal considering the entire evidence on record, granted compensation of Rs.12,45,000/- with interest at the rate of 8% per annum on Rs.12,25,000/- (excluding future medical expense). - 3 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 2. Aggrieved by the said order, the present appeal is preferred by the claimant. 3. The learned counsel for the appellant contended that the petitioner sustained multiple injuries and was hospitalised as inpatient. He examined P.W.2 doctor in this regard. The learned counsel contend that the amount granted under the head pain and suffering is meagre and his notional income was taken as Rs.6,000/- per month. The doctor has stated the disability as 30%, but the Tribunal erred in taking the same as 20%. The amounts granted under other heads like attendant charges, conveyance and loss of amenities are meagre. Therefore, requested for enhancement of compensation with interest at 12% per annum. 4. Heard the arguments of both the sides. 5. The petitioner sustained the following injuries as per Ex.P.6 wound certificate: (a) communited fracture of (R) mid clavicle, (b) displaced fracture of (R) 2nd rib, (c) contusion or laceration or an infarct related to right renal artery. - 4 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 6. As per the wound certificate, first injury is grievous in nature and he was hospitalised for 31 days. The petitioner was aged about 28 years working as an agriculturist and vegetable vendor and earning Rs.15,000/- per month as on the date of the accident, but no income proof is produced before the Tribunal. The petitioner examined P.W.2 doctor. As per the evidence of P.W.2, he was hospitalised for 31 days. P.W.2 stated as follows: “Mr. Manjunath aged about 30 years, met with a RTA on 21.09.2013 and got admitted in this Hospital. In the said RTA the patient sustained Blunt Trama Abdomen and Right Clavicul fracture displaced fracture 2nd lift Rif left transvers prosser of L1 and L2 at liver Lacention, injury to the right ear pinna. He was treated surgically by Exploratory Laparotomy with suture of Liver Laceration and transfused 8 units of packed cells 4 units platelets and 16 fresh Frozen Plasma and got discharged on 22.10.2013. He came to me on 24.11.2014 for disability assessment, grievous pains Ugly surgical scar over by Abdomen pain in the Right Shoulder pain, in the low back pain, cannot lift heavy articles and work life before. On Examination: dark thick surgical scar over the abdomen arch shaped and another surgical scar near - 5 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 right abdomen tenderness over the low back at L1 L2 level, cannot lift move than 10 kgs weight I am of the opinion that the patient has suffered 30% disability for the low back as per the guidelines.” 7. P.W.2 has stated that there is permanent physical impairment to the lower back at the rate of 30%, but in the cross examination he admitted that he has not assessed the whole body disability and it only pertains to limbs. 8. The learned counsel for respondent No.2 contended that the petitioner has not examined any spine surgeon to assess the disability of spinal fracture and as such the Tribunal rightly considered the disability as 20% and this Court finds no reason to interfere with the disability. 9. The Tribunal has considered the income of the petitioner as Rs.6,000/- per month. The petitioner met with an accident on 21.09.2013 and therefore this Court finds it reasonable to take his notional income as Rs.8,000/- per month as per the guidelines of the Karnataka State Legal Services Authority. Taking the notional income as Rs.8,000/- per - 6 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 month, the loss of future income comes to Rs.3,26,400/- (Rs.8,000/- x 12 x 17 x 20%). 10. The petitioner might not have attended his work for a period of six months due to the injuries sustained by him. Therefore, this Court finds it reasonable to enhance the compensation under the head loss of income during the laid up period to Rs.48,000/- (Rs.8,000/- x 6). 11. This Court finds it reasonable to enhance the compensation under the head paid and suffering to Rs.60,000/-. 12. The compensation granted under the head attendant charges, medical expenses, future medical expenses and loss of amenities holds good. 13. Already compensation is granted under the head loss of future income and therefore again he is not entitled for an amount under the head permanent physical impairment to an extent of Rs.75,000/- and it is to be deleted. - 7 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 14. Thus in all, the compensation awarded by the Tribunal is modified as under: Compensation under different Heads Amount (Rs.) Pain and sufferings 60,000/- Loss of income during laid up period 48,000/- Attendant charges, conveyance and other incidental charges 40,000/- Medical expenditure 7,25,000/- Future medical expenditure 20,000/- Loss of future income 3,26,400/- Loss of amenities and comfort 60,000/- Total 12,79,400/- 15. Accordingly, the compensation is enhanced from Rs.12,45,000/- to Rs.12,79,400/-. 16. In the result, the following order is passed: ORDER (i) The appeal is partly allowed. (ii) The judgment and award dated 26.10.2015 passed in M.V.C.No.5924/2013, by the XIII Additional Small Cause Judge and Member, MACT, Bengaluru, is modified. - 8 - HC-KAR NC: 2025:KHC:38557 MFA No. 2098 of 2016 (iii) The claimant is entitled to a sum of Rs.12,79,400/- along with interest at *6% per annum from the date of petition till the date of realization. (iv) The Insurance Company is directed to deposit the said amount with interest within one month from the date of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. (vi) Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. (vii) Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE MD List No.: 1 Sl No.: 43 *Corrected vide Court order dated 13.01.2026.