- 1 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.4025 OF 2022 (MV-I) BETWEEN: 1. SRI NAVEEN KUMAR D G S/O GANGADHARAIAH N AGED ABOUT 25 YEARS R/AT DODDABELAVANGALA VILLAGE AND POST, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 204 …APPELLANT (BY SRI. NAGARAJA M, ADVOCATE) AND: 1. THE NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.144, 2ND FLOOR, SUBHARAM COMPLEX, M G ROAD, BENGALURU - 560 001 2. SMT. LAKSHMAMMA W/O GANGADHARAIAH N DODDABELAVANGALA VILLAGE AND POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 204 …RESPONDENTS (BY SRI. SHANKARA REDDY C, ADVOCATE FOR R1; VIDE ORDER DATED 01.06.2022 NOTICE TO R2 IS DISPENSED WITH) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 THIS MFA FILED UNDER SECTION 173 OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE XIV ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-2), IN M.V.C NO.6243/2019 DATED 14.01.2022 AND CONSEQUENTLY ALLOW THE CLAIM PETITION, ETC THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellant-claimant seeking enhancement of the compensation awarded by the Tribunal dated 14.01.2022, passed in MVC.No.6243/2019, on the file of XIV Additional Senior Civil Judge And MACT, Bengaluru (hereinafter referred to as ‘the Tribunal’ for brevity). 2. A claim petition was filed by the appellant- claimant, claiming compensation for the injuries suffered in the accident. The date of accident, involvement of the vehicles, injuries sustained by the claimant and liability fastened are not in dispute. What remains is only the quantum of compensation. - 3 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 3. Heard both the learned counsels for the parties and perused the materials. 4. It is seen from the medical evidence on record, viz., Exhibit-P10 which is Wound Certificate and Exhibit- P11 which is discharge summary, the claimant has suffered the following injuries: i. Fracture of Right both bone forearm, ii. Fracture of upper three front teeth, iii. Loss of Upper Anterior Tooth iv. Loss of Lower front teeth 5. The aforesaid injuries are grievous in nature. The Tribunal taking note of the injuries has awarded a sum of Rs.35,000/- under the head ‘pain and sufferings’, which this Court feels is on the lower side. Therefore, another sum of Rs.10,000/-, is awarded which would meet the ends of justice. 6. It is the contention of the claimant that he was B.Com final year student and also working as data operator work and earning a sum of Rs.30,000/- p.m. - 4 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 However, no evidence has been placed by the appellant to substantiate the same. The appellant was aged 21 years and the accident has occurred during the year 2019. The Tribunal has taken the income of the claimant at Rs.9,000/- per month and granted compensation. As per Chart of notional income recognized by the Karnataka State Legal Services Authority, a sum of Rs.14,000/- is fixed as income per month for the year 2019. In the absence of any proof placed before this Court and considering the income fixed as stated supra, the compensation under the head ‘loss of future income’ requires redetermination. The Doctor has opined that the claimant had suffered 10% functional disability to the whole-body. The Tribunal has taken the disability at 5% and the same is not disputed. The appropriate multiplier applicable is ‘18’. In view of the income stated supra and on redetermination ‘loss of future income’ works out to Rs.1,51,200/- (Rs.14,000/- x 12 x 18 x 5%). Accordingly, the same is awarded. - 5 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 7. The Tribunal has awarded an sum of Rs.23,986/- towards ‘Medical Expenses’, which is as per actual bills and receipts and the same is kept intact. 8. Admittedly, the appellant-claimant was on inpatient for 12 days, as per the evidence before the Tribunal, which is not seriously disputed by the respondent. The Tribunal has awarded a sum of Rs.12,000/-, towards ‘attendant charges, extra- nourishment, food and conveyance expenses’ which is on lower side and the same is enhanced by another sum of Rs.8,000/-, which would meet the ends of justice. 9. So far as ‘Loss Of Future Amenities’ is concerned, the Tribunal has awarded Rs.20,000/-. The same appears to be on lower side, in view of injuries suffered by the claimant and the same is enhanced by another sum of Rs.10,000/-. 10. In view of the accidental injuries, the claimant would have taken rest atleast for a period of two months. - 6 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 Therefore, taking the income at Rs.14,000/- per month and calculating the laid up period for two months, the claimant is entitled for a sum of Rs.28,000/- (Rs.14,000 x 2 months), under the head ‘Loss Of Earning During Laid Up Period’, as against Rs.9,000/- awarded by the Tribunal. 11. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Pain and Sufferings : Rs. 45,000/- 2. Loss of Amenities & Happiness : Rs. 30,000/- 3. Attendant Charges, extra- nourishment, food and conveyance expenses : Rs. 20,000/- 4. Medical Expenses : Rs. 23,986/- 5. Loss of Future Income : Rs. 1,51,200/- 6. Loss of Income during Laid Up period : Rs. 28,000/- TOTAL : Rs. 2,98,186/- 12. The total compensation re-determined by this Court works out to Rs.2,98,186/- as against Rs.1,97,186/- - 7 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 awarded by the Tribunal. Hence, the appellant – claimant is entitled for an additional compensation of Rs.1,01,000/- (Rs.2,98,186 – Rs.1,97,186) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. 13. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award passed by the Tribunal in MVC.No.6243/2019 is modified; iii) The appellant – claimant is entitled for an additional compensation of Rs.1,01,000/-, along with interest at 6% per annum from the date of filing of the petition till realization. iv) Respondent No.1 - Insurance Company is directed to deposit the total compensation amount within Eight Weeks from the date of - 8 - NC: 2025:KHC:7945 MFA No. 4025 of 2022 receipt of the certified copy of this judgment, failing which shall pay interest at 9% per annum, on the enhanced compensation, from the date of the petition till realisation. iv) The enhanced compensation amount shall be released in favour of the appellant. Sd/- (T.M.NADAF) JUDGE JJ List No.: 38 Sl No.: 2