- 1 - HC-KAR NC: 2025:KHC:38499 MFA No. 3523 of 2018 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.3523 OF 2018(MV-I) BETWEEN: THE MANAGER RELINACE GIC LTD., OFFICE AT 1ST AND 2ND FLOOR, MAGNANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, B.D. ROAD CHITRADURGA, ALSO BANGALORE OFFICE AT: 11TH MAIN, III BLOCK, 2ND FLOOR, S. M. TOWERS, JAYANAGARA, BANGALORE-11 NOW REP. BY LEGAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFICE, 5TH FLOOR, CENTENARY BUILDING, NO.28, M G ROAD, BANGALORE – 5600 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. S. N. RAMEGOWDA ALIAS RAJANNA, S/O LATE NANJAPPA, AGED ABOUT 67 YEARS, R/AT SUKLAPURA VILLAGE, MADIHALLI POST, KASABA HOBLI, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38499 MFA No. 3523 of 2018 TURUKEVERE TALUK, TUMKUR DIST. KARNATAKA STATE AND ALSO AT C/O SHIVANANJEGOWDA NO.3, 10TH MAIN ROAD, 2ND CROSS, HESARAGHATTA MAIN ROAD, BAGALAKUNTE BUS STOP, BHUNESHWARINAGAR, BEHIDN SRI SAI KALYANA MANTAPA BANGALORE - 560 057 2. SRI RAJAPPA S/O SHANTHAPPA, NOW AGED ABOUT 42 YEARS, R/AT HOLALKERE ROAD, NEAR BARIGERAMMA TEMPLE, HONDADA AREA, CHITRADURGA TOWN, CHITRADURGA - 577 501 KARNATAKA STATE …RESPONDENTS (BY SRI. M. S. MOHAN, ADVOCATE FOR R1; V/O DATED 11.10.2023 SERVICE OF NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2018 PASSED IN MVC NO. 8242/2016 ON THE FILE OF THE 21ST ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU, AWARDING COMPENSATION OF RS.7,25,500/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:38499 MFA No. 3523 of 2018 ORAL JUDGMENT 1. Heard arguments of learned counsel appearing for the parties. 2. This appeal is filed against the award of the Tribunal passed in MVC No. 8242/2016 dated 14.02.2018. 3. The injured – claimant filed claim application claiming compensation of Rs.75,00,000/-, but the Tribunal considered the entire evidence on record and granted a sum of Rs.7,25,500/- with interest at the rate of 8% p.a. from the date of petition till the date of depositing the amount. Aggrieved by the said order, the insurance company has filed this appeal disputing the quantum. 4. Learned counsel for appellant mainly contended that the Tribunal erred in taking the income of the petitioner at Rs.8,000/- without any basis. Interest is to be granted at the rate of 6%, but, the Tribunal has granted interest at the rate of 8%. Therefore, he requested for modification of the order. 5. Petitioner was aged about 62 years and was doing agriculture and earning Rs.40,000/- per month. The Tribunal observed that the petitioner had not produced any documents - 4 - HC-KAR NC: 2025:KHC:38499 MFA No. 3523 of 2018 to prove his income. Petitioner had filed his land documents under Ex.P.23, but, he had not filed any documents to prove his income. The Tribunal has taken the notional income of the petitioner at Rs.8,000/-, but he met with an accident on 29.12.2015 and as per the guidelines of Karnataka State Legal Service Authority his notional income is to be taken as Rs.9,000/-. 6. Petitioner examined P.W.2 who assessed motor system disability of 25%, epilepsy and fits 25% and global neurological disability of 59%, but, the Tribunal considering all the aspects has taken the whole body disability at 29%. The Insurance Company mainly disputes the income assessed by P.W.2 as excessive. Considering the evidence on record this Court finds it reasonable to confirm the same. Hence, 9000 X 12 X 7 X 29% = 219240 (loss of future income) 9000 X 3 = 27000 (income during the laid up period) 7. The compensation awarded by the Tribunal under other heads needs no interference. 8. In view of the above, the total compensation payable is : - 5 - HC-KAR NC: 2025:KHC:38499 MFA No. 3523 of 2018 a) Pain and suffering - Rs. 75,000.00 b) Medical expenses - Rs.3,96,582.00 c) Loss of income during laid up period - Rs. 27,000.00 d) Loss of future income - Rs.2,19,240.00 e) Loss of future amenities and happiness - Rs. 15,000.00 f) Attendant, conveyance, food and nourishment charges - Rs. 20,000.00 ----------------- TOTAL - Rs.7,52,822.00 9. Accordingly, appeal is allowed in part and the total compensation is enhanced to Rs.7,52,822/- with interest at the rate of 6% p.a. from the date of petition till realization. The Insurance Company is directed to deposit the total compensation amount with interest at the rate of 6% p.a. within 1 month from today. On such deposit, respondent No. 1 is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE LRS List No.: 1 Sl No.: 57