- 1 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4485 OF 2024 (MV-I) BETWEEN: PREM KUMAR H C S/O LATE H M CHANDRAPPA, AGED ABOUT 37 YEARS, RESIDENT OF KUPPE VILLAGE, KERALAPURA - HALLI MYSORE HOBLI, HOLENARASIPURA TALUK – 573 136. …APPELLANT (BY SRI. G K SHIVA PRAKASH, ADVOCATE) AND: 1. R VINAY KUMAR S/O RAJU P, AGED ABOUT 32 YEARS, R/AT NO.30, 14TH MAIN ROAD, SRIRAMNAGARA, GELAYARA BALAGA, BANGALORE – 560 086. 2. LIBERTY GENERAL INSURANCE LIMITED NO.1, ALYSSA, 1ST FLOOR, REAR PORTION, OLD NO.28, NEW NO.23 RICHMOND ROAD, RICHMOND TOWN, BANGALORE – 560 025 (POLICY NO.201250020120704427500000 VALID FROM 08.02.2021 TO 07.02.2026) …RESPONDENTS (VIDE ORDR DATED 30.07.2024, NOTICE TO R1 IS DISPENSED WITH; SRI. B. PRADEEP, ADVOCATE FOR R2) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.04.2024 PASSED IN MVC NO.4260/2021 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES AND ADDITIONAL MACT, BENGALURU, (SCCH-12), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the appellant/claimant seeking enhancement of compensation arising out of judgment and award dated 24.04.2024, in MVC No.4260/2021 passed by the XI Additional Small Causes and Additional MACT, Bengaluru (SCCH-12) (for short, ‘Tribunal’), awarding total compensation of Rs.19,48,186/- with interest at the rate of 6% per annum. 2. The date of accident, involvement of vehicle, injuries sustained by the appellant and the liability to - 3 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 pay the compensation are not in dispute; the only dispute is in respect of inadequate compensation awarded by the Tribunal. 3. Heard Sri.G.K.Shiva Prakash, learned counsel appearing for the appellant and Sri.B.Pradeep, learned counsel appearing for respondent No.2 – Insurance Company. Vide order dated 30.07.2024, notice to respondent No.1 is dispensed with. 4. Learned counsel Sri.G.K.Shiva Prakash with all vehemence submitted that the appellant was earlier working as a Driver possessing heavy goods license. The accident was of the year 2021. The Tribunal has taken income of the appellant at Rs.15,000/- per month as per chart prepared by the Karnataka State Legal Services Authority for the concerned year. Since the appellant was aged 34 years and was working as a Lorry Driver having license to drive ‘Heavy Goods Vehicle’, the income should not have been taken less than Rs.30,000/- - 4 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 per month. He further submits that he has produced salary slip at Ex.P.19, which shows that the injured was earning Rs.26,700/- and Bata to an extent of Rs.3,000/- per month. In all, he was earning a sum of Rs.30,000/- per month. The Tribunal on the premise that the author of the said salary slip was not examined, disbelieved the same and has taken the income as per the chart stated supra. He further asserts that as per the Doctor – PW-2, an Orthopedician, who has examined the appellant and on clinical examination, found that the appellant is suffering with 87% of total disability of lower limbs as well as 15% disability in respect of mandible deformity. As per the evidence of the Doctor, left shaft femur fracture with infected implant in situ and non union and requires one more operation which would cost Rs.70,000/- in future. The Tribunal has taken 1/3rd of 87% + 1/3rd of 15% disability in total i.e., at the rate of 35% disability to the whole body and awarded compensation stated supra. Further - 5 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 urged that looking to the injuries suffered and also the period of inpatient (34 days), the compensation awarded by the Tribunal under all the heads requires to be enhanced except medical expenses. Accordingly, he sought to allow the appeal. 5. Refuting the submissions of learned counsel appearing for the appellant, learned counsel for the respondent No.2 Sri.B.Pramod with all vehemence submitted that the Tribunal in the absence of proof of income considered the income at the rate of Rs.15,000/- per month as per the chart of KSLSA and has taken the disability at 35% to the whole body and awarded appropriate compensation towards future loss of income so also the compensation awarded under all other heads are just and proper and does not require any interference at the hands of this Court and sought for dismissal of the appeal. 6. Having heard the learned counsel appearing for the parties, perused entire appeal papers on - 6 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 record as well as trial Court records. The only point that would arise for our consideration is:- “Whether the quantum of compensation awarded by the Tribunal depict within the expression ‘just compensation’ and if not, whether there is any case made out by the appellant for enhancement of compensation?” 7. Our answer to the above point for consideration is ‘partly in the affirmative’ for the following reasons:- It is not in dispute that the appellant was working as a Driver possessing license to drive ‘Heavy Goods Vehicle’. The fracture suffered are on both the legs and as per the evidence of the Doctor, the implants are infected and the fracture is malunited. In these circumstances, the appellant is not in a position to continue the earlier avocation as a Driver. Though there is no proof of income produced, taking into consideration of the fact that the injured was a - 7 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 Driver, possessing license to drive ‘Heavy Goods Vehicle’, a skilled worker cannot be equated with that of an unskilled labour to whom, the salary fixed at the rate of Rs.15,000/- under the chart stated supra. For a Lorry Driver, in the year 2021, the income even per day shall not be less than Rs.600/- to Rs.700/- apart from Bata. Having considered this aspect of the matter, we are of the considered opinion that the salary of the appellant if taken at Rs.20,000/- per month, would meet the ends of justice. 8. Having gone through the evidence of the Doctor and the medical records, since the appellant has suffered fracture to both the lower limbs, the disability of 35% taken by the Tribunal is on the lower side. We accordingly, enhance the same by another 15% i.e., 50% disability to the whole body. 9. Having regard to the injuries suffered, the treatment taken, period of inpatient and disability suffered, the compensation awarded under other - 8 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 heads, except medical expenses, physical discomfort and loss of amenities of life, future medical expenses, are on the lower side, which requires re- consideration. 10. The appellant has suffered intertrochanteric fracture right hip, comminuted fracture shaft right femur, lateral tibial condyle fracture right knee, comminuted segmental fracture left femur at middle third and lower end, left angle and right body of mandible (Jaw) and other grievous injuries. The income of the appellant is taken at Rs.20,000/- per month and disability is taken at 50% to the whole body. The injured was aged 35 years old at the time of the accident and the appropriate multiplier is ‘16’ and 40% of income is to be added towards loss of future prospectus in life. In view of the income stated supra and on re-determination, ‘LOSS OF FUTURE EARNING CAPACITY’ works out as follows: - 9 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 Details for Computation of Loss of Future Earning Capacity Monthly Income 20,000 Addition towards Future Prospects 40% 8,000 Monthly Income + Future Prospects 28,000 Annual Income 3,36,000 Percentage of Disability 50% 1,68,000 Multiplicand (Based on percentage of Disability) 1,68,000 Multiplier 16 Loss of Future Earning Capacity 26,88,000 11. Considering the nature of injuries sustained by the claimant, the compensation of Rs.50,000/- awarded by the Tribunal under the head ‘Pain and sufferings’ is on the lesser side. Hence, the same is enhanced to Rs.1,00,000/-. 12. The compensation awarded under the head ‘Medical Expenses’ is as per the medical bills produced by the claimant and the same is kept intact. 13. The Tribunal has awarded a meagre sum of Rs.21,000/- under the head 'Food and nourishment - 10 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 expenses, conveyance and attendant charges'. The same is enhanced to Rs.66,000/-, considering the period of inpatient as well as injuries suffered. 14. The Tribunal has awarded a meagre sum of Rs.90,000/- (i.e., Rs.15,000/- x 6 months) under the head 'Loss of income during laid up period’; as the income now considered at Rs.20,000/- per month, the same is enhanced to Rs.1,20,000/- (Rs.20,000/- x 6 months). 15. The compensation awarded under the heads ‘Physical discomfort and loss of amenities of life’ and ‘future medical expenses’ are just and proper and the same are kept intact. 16. Thus, in all, the appellant/claimant is entitled for total compensation on re-determination under various heads as follows: Sl. No. Particulars By Tribunal Re-determined 1 Towards pain and suffering Rs. 50,000/- 1,00,000/- - 11 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 2 Towards food, nourishment expenses, conveyance and attendant charges Rs. 36,000/- 66,000/- 3 Medical expenses Rs. 6,64,186/- 6,64,186/- 4 Loss of income during laid up period Rs. 90,000/- 1,20,000/- 5 Loss of Future earning capacity Rs. 10,08,000/- 26,88,000/- 6 Physical discomfort and loss of amenities of life Rs. 50,000/- 50,000/- 7 Towards future medical expenses Rs. 50,000/- 50,000/- TOTAL Rs. 19,48,186/- 37,38,186/- 17. The Tribunal has awarded compensation of Rs.19,48,186/-, but the appellant/claimant is entitled for total compensation of Rs.37,38,186/-. Hence, the appellant/claimant is entitled to enhanced compensation of Rs.17,90,000/- (Rs.37,38,186/- - Rs.19,48,186/-), along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal. 18. Accordingly, we proceed to pass the following: - 12 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in MVC No.4260/2021 dated 24.04.2024 by the XI Additional Small Causes and Additional MACT, Bengaluru (SCCH-12), is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.17,90,000/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. iii. Respondent No.2 – Insurance Company shall deposit the enhanced compensation along with accrued interest stated supra within six weeks from the date of receipt of copy of this order before the concerned Tribunal. iv. On deposit, 50% of the amount shall be invested in any interest bearing fixed deposit of any nationalized scheduled bank for a period of - 13 - HC-KAR NC: 2025:KHC:39667-DB MFA No. 4485 of 2024 three years, renewal by another two terms of three years each. Balance 50% of the amount with accrued interest shall be released in favour of appellant on proper identification. v. No order as to costs. Pending applications if any, are disposed of as infrucutous. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 51