- 1 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 7221 OF 2023 (MV-I) BETWEEN: VAHEED PASHA S/O MOHAMMED ABID SAB, AGED ABOUT 49 YEARS, R/AT WARD NO. 18, PENSION MOHALLA, 10TH CROSS, HASSAN TOWN AND DISTRICT - 586 221 …APPELLANT (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) AND: 1. SRI. GANESH S/O KRISHNEGOWDA AGED ABOUT 49 YEARS, R/AT SRINIVASAPURA POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. 2. RAFEEQ AHMED S/O ANWAR PASHA AGED ABOUT 46 YEARS R/AT IIAHINAGARA A.P.A HALL ROAD, PENSION MOHALLA, HASSAN DISTRICT - 573 201. 3. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BANGALORE - 560 001. 4. SRI. DHARSHAN S/O ANNAJIGOWDA AGED ABOUT 42 YEARS R/AT GANGNAHALLI VILLAGE, NO. 268, HEBBALA COLONY, KASABA HOBLI, ARAKALAGUDU TALUK HASSAN DISTRICT - 573 201. 5. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 5TH FLOOR, CENTENARY BUILDING M.G. ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R3, R5 (R3, R5 ARE SAME PARTY); VIDE ORDER DATED 20.01.2025, NOTICE TO R1, R2, R4, R5 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.05.2023 PASSED IN MVC NO.7878/2019 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSE JUDGE AND ACMM AND MEMBER, MACT, BENGALURU, (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 ORAL JUDGMENT Heard Sri.M.V.Maheshwarappa learned counsel for the appellant as well as Sri. Ashok N Patil learned counsel for respondent No.3. 2. This appeal is the out come of the order that is rendered by Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.7878/2019 dated 16.05.2023. This is a claimant's appeal. 3. Arguing on merits of the matter, learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident. By the date of accident, the appellant by maintaining his own motor garage, was earning more than Rs.2000/- per day and was contributing the same for the maintenance of his family. But due to the injuries sustained, he became permanently and completely disabled. Though the appellant produced all the medical record and also got examined the Doctor who assessed the disability as PW-2, yet the tribunal failed to assess the loss of future earnings on proper lines and awarded a meager sum of Rs.2,00,000/- under the head loss of future earnings due to disability. Learned - 4 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 counsel also states that the compensation that is granted under all other heads is also on lower side and therefore the compensation awarded by the tribunal is required to be reconsidered. 4. Per-contra Sri. Ashok N Patil learned counsel for respondent No.3 submits that the tribunal, having perceived the fact that there is no actual loss of earnings, awarded a sum of Rs.2,00,000/- towards reduced ability to work. Learned counsel states that the tribunal also awarded huge sum as compensation under each head and therefore the award needs no interference. 5. The tribunal through the impugned order awarded a sum of Rs.2,00,000/- towards loss of income on account of disability, Rs.45,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, Rs.25,000/- towards attendant, food, nourishment and conveyance charges, Rs.2,24,197/- towards medical expenses and Rs.30,000/- towards future medical expenses. In total Rs.5,54,197/-. 6. It is not in dispute that the appellant sustained severe crush injury to left wrist and left elbow, fracture to ulna left - 5 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 with tendon injury with neurovascular injury, fracture of tibia, chest injury, head injury, deep laceration back of the arum with muscle injury, laceration to arm and contusion to leg. As rightly contended, PW-2 gave evidence to the effect that as per his assessment the disability in respect of left lower limb is 35% and left upper limb is 30%. 7. The tribunal having considered the admission of the appellant during the course of cross examination when he got examined himself as PW-1 that he is earning Rs.2000/- per day through his Garage, did not proceed to apply the established principles for calculation of the compensation under the head loss of future earnings on account of permanent physical disability. The tribunal globally awarded a sum of Rs.2,00,000/- under the said head. However, the evidence of PW-1 is that having employed three persons, he is earning Rs.2000/- per day. Therefore, the appellant will be under the obligation to pay salary to those three employees. That apart, by all the evidence produced, the appellant succeeded in establishing the aspect of disability. Therefore, undoubtedly the income of the appellant will get reduced to the extent of such disability as his ability to work as before will certainly be reduced to the extent of - 6 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 disability. Having considered this fact and basing on the evidence produced, this Court considers desirable to take the disability in respect of whole body as 15% for the purpose of calculating compensation. 8. No substantive proof is produced by the appellant to establish his actual earnings by the date of accident. As rightly putforth by learned counsel for the appellant, as the Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- per month for the relevant period i.e., 2019, which is the year in which the accident occurred, this Court considers desirable to take the notional income of the appellant as Rs.14,000/- per month. 9. It is not in dispute that the appellant was aged about 42 years by the date of accident. Therefore, the appropriate multiplier to be applied as per the decision of the Honb'e Apex Court in Sarala Verma and others -vs- Delhi Transport Corporation and another case reported in 2009 ACJ 1298 case is '14'. Thus, on applying these parameters the compensation which the appellant is entitled to under the head loss of future earnings on account of permanent physical disability is as under:- - 7 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 Heads Amount in Rs. Notional income 14,000.00 Annual income 1,68,000.00 On applying appropriate multiplier '14' 23,52,000.00 Loss of future earnings on account of permanent physical disability, the same being 15% 3,52,800.00 10. The tribunal through the impugned order awarded a sum of Rs.2,00,000/- only under the said head. Thus, the enhancement under the said head will be Rs.1,52,800/- (3,52,800/- - 2,00,000/-). Also having considered the nature of injuries sustained, this Court is of the view that the appellant is entitled to an additional sum of Rs.20,000/- under the head pain and suffering. Therefore, the compensation which the appellant is entitled to in addition to the sum that is awarded by the tribunal as compensation is Rs.1,72,800/- (1,52,800 + 20,000). Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through - 8 - HC-KAR NC: 2025:KHC:28524 MFA No. 7221 of 2023 orders in M.V.C. No.7878/2019 dated 16.05.2023 is enhanced by Rs.1,72,800/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.3 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. V. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 29 CT: BHK