- 1 - MFA No. 1926 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 1926 OF 2017 (MV-I) BETWEEN: SRI. NAGARAJ M S/O MUNIYAPPA AGED ABOUT 40 YEARS R/AT NO.110 MARUTHINAGAR KODIGEHALLI MAIN ROAD SAHAKARANAGAR POST BANGALORE-560 098. …APPELLANT (BY SRI. RAGHAVENDRA M., FOR SRI. KALYAN R., ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., CENTENARY BUILDING 5TH FLOOR NO.28 M G ROAD BANGALORE-01 REP. BY ITS MANAGER. 2. HARISH BABU S/O SANJEEV MURTHY AGED MAJOR, R/AT NO.268/A, 11TH PHASE J P NAGAR BANGALORE-560 078. …RESPONDENTS - 2 - MFA No. 1926 of 2017 (BY SRI. MALLIKARJUN REDDY N.A., FOR SRI LAKSHMINARAYAN C., ADVOCATE FOR R1; NOTICE TO R2 IS D/W V/O DATED 05.04.2018) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MACT, AT BANGALORE (SCCH-18) IN MVC NO.1745/2014 AND MODIFY THE JUDGMENT AND AWARD DATED 27.09.2016 PASSED BY III ADDL. SENIOR CIVIL JUDGE AND MACT, AT BANGALORE (SCCH-18) IN MVC NO.1745/2014 AND TO ENHANCE THE COMPENSATION FROM RS.4,29,000 TO RS.15,00,000/- UNDER ALL HEADS ALONG WITH INTEREST AND ETC. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 07.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - MFA No. 1926 of 2017 CAV JUDGMENT This appeal is by the appellant/claimant seeking for enhancement of compensation arising out of judgment and award dated 27.09.2016 in MVC No.1745/2014, passed by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal at Bengaluru (SCCH-18) (for short ‘Tribunal’). 2. The date of accident, involvement of the vehicle, injury sustained and the liability to pay compensation are not in dispute. The only dispute is with regard to inadequate compensation awarded by the Tribunal. 3. Learned counsel for the appellant submits that as per Exs.P.12 to 14, copy of wound certificate and discharge summaries, appellant has sustained fracture of right foot and fracture of talus, comminuted fracture of proximal tibia and fibula and dislocation of left knee joint and femur. The Tribunal has not properly considered the case of the appellant and awarded meager compensation - 4 - MFA No. 1926 of 2017 under all heads which require enhancement. Accordingly, sought to allow the appeal and enhance compensation by modifying the judgment and award passed by the Tribunal. 4. Refuting the submissions of learned counsel appearing for the appellant, learned counsel for the respondent No.1 submits that the Tribunal after considering entire material placed before it, awarded appropriate compensation. The compensation awarded by the Tribunal is just and proper and does not call for any interference at the hands of this Court. Accordingly, sought to dismiss the appeal. 5. Heard the learned counsel appearing for the parties and perused entire appeal papers. 6. It is not in dispute that appellant has sustained fractures stated supra. The appellant has examined Doctor who treated the claimant, as PW-6, who has stated that petitioner has suffered disability to an extent of 28% to the lower limb and 14% to the whole body. The - 5 - MFA No. 1926 of 2017 Tribunal has rightly assessed the disability of the appellant at 10% to the whole body. The Tribunal has taken income of the claimant at Rs.7,000/- per month. The accident is of the year ‘2014’. As per the chart prepared by the Karnataka State Legal Services Authority, notional income of the appellant is taken at Rs.8,500/- per month. The appellant was aged about 37 years at the time of accident. Hence, multiplier applicable is ‘15’. Hence, a sum of Rs.1,53,000/- (8,500 x 12 x 15 x 10%) is awarded under the head ‘loss of future income due to disability’. 7. The Tribunal has awarded a sum of Rs.75,000/- under the head ‘Pain and sufferings’. Considering the nature of injuries and fractures sustained by the claimant, a sum of Rs.75,000/- awarded by the Tribunal is just and proper and the same is kept intact. 8. The Tribunal has awarded a sum of Rs.1,63,000/- towards ‘Medical Expenses’ which is as per medical bills and the same is kept intact. - 6 - MFA No. 1926 of 2017 9. In view of the accidental injuries, the claimant would have taken rest atleast for a period of 3 months. Therefore, by taking income at Rs.8,500/- per month and calculating the laid up period for 3 months, the claimant is entitled for a sum of Rs.25,500/- (Rs.8,500 x 3 months), under the head ‘loss of income during laid up period’. 10. The Tribunal has awarded a sum of Rs.7,000/- towards ‘Attendant, nourishment and conveyance charges’, which is just and proper and the same is kept intact. 11. Insofar as ‘loss of amenities’ is concerned, the Tribunal has awarded a sum of Rs.25,000/-, which is on lower side. Hence, a sum of Rs.30,000/- is awarded under the said head. 12. The Tribunal has awarded a sum of Rs.10,000/- towards ‘future medical expenses’, which is just and proper and the same is kept intact. - 7 - MFA No. 1926 of 2017 13. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Pain and Sufferings : Rs. 75,000/- 2. Attendant, nourishment and conveyance expenses : Rs. 7,000/- 3. Medical Expenses : Rs. 1,63,000/- 4. Loss of amenities : Rs. 30,000/- 5. Loss of income during laid up period : Rs. 25,500/- 6. Loss of future income due to disability : Rs. 1,53,000/- 7. Future medical expenses : Rs. 10,000/- TOTAL : Rs. 4,63,500/- 14. On re-determination, the appellant is entitled for total compensation of Rs.4,63,500/- as against Rs.4,29,000/- along with interest at the rate of 6% per annum on the enhanced compensation from the date of petition till realization. Respondent No.1 – Insurance Company is directed to deposit the compensation amount within eight weeks from the date of filing of the petition till realization. - 8 - MFA No. 1926 of 2017 15. Accordingly, I proceed to pass the following: ORDER i) The appeal is allowed-in-part. ii) The judgment and award passed by the Tribunal in MVC No.1745/2014 dated 27.09.2016 by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal at Bengaluru, (SCCH-18) is hereby modified holding that the claimant is entitled for total compensation of Rs.4,63,500/- along with interest @ 6% p.a. on the enhanced compensation from the date of petition till its realization. iii) The compensation amount along with accrued interest if any, shall be deposited by the respondent No.1 – Insurance Company, within eight weeks from the date of filing of the petition till realization; - 9 - MFA No. 1926 of 2017 iv) Registry is directed to transmit the TCR along with copy of this judgment to the Tribunal forthwith. v) No order as to costs. Sd/- (DR.K.MANMADHA RAO) JUDGE MH/-