- 1 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6087 OF 2024(MV-I) BETWEEN: M. GOPALAREDDY, S/O. LATE MUNIRAMAIAH, AGED ABOUT 76 YEARS, R/AT NANJAPURA VILLAGE, HULIMANGALA POST, JIGANI, ANEKAL TALUK, BANGALORE DISTRICT. …APPELLANT (BY SRI. P. SURESH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., BANGALORE REGIONAL OFFICE, T. P. HUB, KRISHI BHAVAN BUILDING, 6TH FLOOR, NRUPATHUNGA ROAD, BANGALORE - 560 001. BY ITS MANAGER. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 2. J. RAVICHANDRAN, S/O. JANAKIRAMAN, MAJOR IN AGE, R/AT OLD NO.1, NEW NO.5, BLOCK C, 6TH STREET, ANNA NAGAR EAST, CHENNAI, TAMILNADU - 600 102. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R1 (VC); R2- V/C/O DATED 19.02.2025, NOTICE IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.03.2024 PASSED IN MVC NO.3364/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 ORAL JUDGMENT At request of Sri.P.Suresh learned counsel for the appellant who appears physically before this Court as well as Sri.Sreekanta Rao.L learned counsel for respondent No.1 who appears through video conference, the matter is taken up for final hearing and disposal. 2. This appeal is out come of the order that is rendered by the Principal Motor Accident Claims Tribunal, Bengaluru in MVC No.3364/2020 dated 07.03.2024. This is a claimant's appeal. 3. The appellant filed a petition seeking compensation of ₹30,00,000/- in total on the ground that he sustained grievous injuries in a road traffic accident and became permanently and completely disabled. The Tribunal through the impugned order awarded a sum of ₹20,36,000/- as compensation. The version of the appellant is that he is entitled for a higher sum. - 4 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 4. Making his submission with regard to the merits of the matter, learned counsel for the appellant states that PW2 gave evidence to the effect that the disability in respect of whole body is 22%, however, the Tribunal considered disability in respect of whole body as 20%. Learned counsel also states that the appellant could not attend his normal pursuits for a period of one year but the Tribunal awarded a sum of ₹72,000/- only towards loss of income during laid up period. Learned counsel further submits that the Tribunal awarded a sum of ₹15,80,000/- only under the head medical expenses, conveyance, nourishment and attendant charges which is grossly low. Learned counsel thereby seeks for enhancement in compensation. 5. On the other hand, the submission that is made by learned counsel for respondent No.1 is that the appellant failed to produce any proof in respect of his occupation and earnings by the date of accident. Learned counsel also states that the Tribunal considering all the - 5 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 aspects of the case, awarded justifiable sum as compensation and therefore, the award needs no interference. 6. The Tribunal granted a sum of ₹20,36,000/- as compensation divided under following heads: [ Sl No Compensation Amount a. Pain and Agony Rs. 90,000-00 b. Medical expenses (conveyance, nourishment and attendant charges) Rs. 15,80,000-00 c. Loss of income during the treatment and rest period Rs. 72,000-00 d. Future loss of earning capacity Rs. 1,44,000-00 e. Future Medical Expenses Rs. 50,000-00 f. Unhappiness and loss of amenities Rs. 1,00,000-00 Total 20,36,000-00 7. The appellant succeeded in establishing that he sustained Type III B comminuted fracture of right distal femur, Proximal half communited fracture of right tibia, proximal phalynx fracture of left hand 4th finger and left - 6 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 knee lateral femoral condyle fracture. Those four injuries are grievous in nature and there is no dispute about the said fact. The Tribunal granted a sum of ₹90,000/- under the head pain and suffering. However, this Court is of the view that the appellant is entitled to a sum of ₹1,00,000/- under the head pain and suffering. Thus the appellant is entitled to an additional sum of ₹10,000/- (₹1,00,000/- - ₹90,000/-) under the head pain and suffering. 8. During the course of arguments, learned counsel for the appellant made a mention that the accident occurred in the year 2020 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹14,500/- per month and the Tribunal should have adopted the said figure, but the Tribunal took the notional income as ₹12,000/- per month erroneously. Having considered the submission thus made, this Court considers desirable to take the notional income as ₹14,500/- per month. Having taken the notional income of the appellant as ₹14,500/- per month and without - 7 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 disturbing other parameters i.e., applying appropriate multiplier '5' and the disability in respect of whole body as 20%, the compensation which the appellant is entitled to receive under the head loss of future earnings comes to ₹1,74,000/- (₹14,500/-X12X5X20%). But the Tribunal granted a sum of ₹1,44,000/- only under the said head. Thus the enhancement will be ₹30,000/- (₹1,74,000/- - ₹1,44,000/-). 9. Having considered the fact that the appellant sustained four fractures and underwent multiple surgeries, this Court is of the view that the appellant would have taken bed rest atleast for a period of one year. Thus, loss of earnings during the laid up period comes to ₹1,74,000/- (₹14,500/- X 12). However, the Tribunal granted a sum of ₹72,000/- only under the said head. Thus, the enhancement will be ₹1,02,000/- (₹1,74,000/- - ₹72,000/-). - 8 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 10. Therefore, the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is ₹1,42,000/- (₹10,000/- + ₹30,000/- + ₹1,02,000/-). 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 Principal Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.3364/2020 dated 07.03.2024 is enhanced by ₹1,42,000/-. (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.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. - 9 - HC-KAR NC: 2025:KHC:37121 MFA No. 6087 of 2024 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 44