- 1 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3976/2019 (MV-I) BETWEEN: MR LOUIS JOHN MENEZES @ LOUIS MENEZES, S/O.LATE JOHN MENEZES,. AGED ABOUT 74 YEARS, RESIDING AT 1102, SERENIY APARTMENT, BEDJAI CHURCH HALL, BEJARI, MANGALURU D.K. DISTRICT, PIN-575 007. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR. ISUBU B M, S/O.B.V. MOHAMMED, ADULT, R/AT DOOR NO.207-497, BADRIYA 3RD CROSS ROAD, KANDAK, BUNDER POST, MAGNALURU, D.K DISTRICT, PIN:575 001. 2. RELAIANCE GNERAL INSURACE, OFFICE AT :VARANASHI TOWERS, MISSION STREET, BUNDER MAXIMUS COMMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANAKATTA, D.K .DISTRICT, MANGALURU-575 001, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2, NOTICE TO R1 IS H/S) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.02.2018 PASSED IN MVC NO.604/2015 ON THE FILE OF THE MACT AND I ADDITIONAL SENIOR CIVIL JUDGE, MANAGALURU, DAKSHINA KANNADA, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 26.02.2018 passed by Motor Accidents Claims Tribunal and I Additional Senior Civil Judge, Mangaluru, D.K., in MVC No.604 of 2015. 3. The injured claimant met with an accident on 19.03.2014 and he filed a claim petition seeking compensation of Rs.20,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted Rs.11,61,000/- with interest at 6% per annum from the date of petition till the date of realisation. - 3 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 4. Aggrieved by the said order, this appeal is preferred by the claimant, in which it is contended that the claimant was treated as inpatient by various hospitals for 85 days. He filed discharge summary –Exhibits P.8 to P.14 to this effect. Meager amount was granted under the head pain and suffering. He took treatment for 2 years. It is further contended that the Tribunal has taken the total income of Rs.4,500/- per month, infact he was a retired employee in Indian Oil Corporation and the income taken by the Tribunal is on lower side. The claimant sustained 45% permanent disability to his left lower limb, but the Tribunal has taken 10% disability. Even the future medical expenses granted by the Tribunal is on the lower side. It is further stated that the driver of the motor cycle had no valid driving licence, but the claimant is third party to the accident. As such, requested for pay and recovery. 5. The injured met with the accident on 19.03.2014 and as per wound certificate - Exhibit P.2, he suffered the following injuries coupled with fractures, which are grievous in nature: “swelling and tenderness in left proximal third of left leg and fracture of tibia X-Ray shows left knee and proximal and fracture of upper shaft fo left tibia and upper end of fibula.” - 4 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 6. In view of the nature of injuries coupled with fractures and the evidence of P.W.2 – Doctor, the disability assessed by the Tribunal at 10%, holds good. Since the claimant met with accident in the year 2014 and as per the guidelines issued by the Karnataka State Legal Services Authority, his notional income is to be taken as Rs.8,500/- per month and the proper multiplier applicable is 5. Therefore, the loss of future income comes to Rs.51,000/- (8,500x12x5x10%). As per the discharge summaries filed by the claimant, he was hospitalized in KMC Hospital for 18 days, again in Sparsh Hospital for 21 days and again, he was admitted to same hospital for 30 days and in Jehangir hospital for 7 days, in Narayana Multispecialty Hospital Bengaluru for a period of 3 days, in NH Narayana Multispecialty hospital, Bengaluru for 2 days and in Tejaswini hospital for 4 day. The Tribunal, considering the nature of injuries and the period of hospitalization, granted the sum of Rs.10,47,000/- towards medical bills and Rs.39,000/- towards attendant charges, food and extra nourishment and conveyance charges, which is not disputed by the other side and needs no interference by this Court. The future medical expenses at - 5 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 Rs.5,000/- needs no interference as no evidence is placed to that effect. Considering the age of the claimant i.e. 70 years and the nature of injury sustained by him, his income during the laid up period of 6 months comes to Rs.51,000/- (8500 x 6). The compensation under the head pain and suffering is enhanced to Rs.50,000/-. Loss of amenities at the rate of Rs.20,000/- is granted by this Court. 7. Thus, in all, the claimant is entitled for the total compensation of Rs.12,63,000/- with interest at 6% per annum as against Rs.11,61,000/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income on account of permanent disability 51,000/- 2. Attendant charges, Nourishment and diet food 39,000/- 3. Loss of earning during the period of treatment 51,000/- 4. Pain and Suffering 50,000/- - 6 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 6. Medical expenses 10,47,000/- 7. Future medical expenses 5,000/- 8.Loss of amenities 20,000/- Total 12,63,000/- 9. The liability was fixed upon the owner by the Tribunal as the driver of the vehicle had no valid driving licence and accordingly directed the owner of the vehicle to pay the compensation. But, this Court finds reasonable to direct the respondent No.2-insurance company to deposit the amount of Rs.12,63,000/- with interest at 6% per annum from the date of petition till the date of deposit. 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.12,63,000/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Respondent No.2-Insurance company is directed to deposit the aforesaid compensation within one - 7 - HC-KAR NC: 2025:KHC:36965 MFA No. 3976 of 2019 month from the date of receipt of copy of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. (v) Respondent No.2-insurance company is at liberty to recover the same from the owner of the vehicle, by due process. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 77