- 1 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4895 OF 2024(MV-I) BETWEEN: THE MANAGER, RELIANCE GIC LTD., 1ST FLOOR, KRUTHIKA ARCADE, N. R. CIRCLE, HOLENARASIPURA ROAD, HASSAN, NOW. REP BY THE MANAGER, RELIANCE GIC LTD., NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M. G. ROAD, BENGALURU-560 001. …APPELLANT (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE) AND: 1. PRASHANTHA S. A., S/O ANANDA, AGED ABOUT 23 YEARS, R/O SANNAKERE, HARANDUR KOPPA TALUK. 2. PRAKASHA, S/O MANJAPPA GOWDA, AGED ABOUT 42 YEARS, R/O MARKET ROAD, KOPPA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 KOPPA TALUK. 3. G. K. VENKATESH, S/O. G. V. KRISHNAMURTHY, MAJOR, R/AT GURUVALLI, BASAVANI POST, THIRTHAHALLI TALUK. …RESPONDENTS (BY SRI. S.M. ANFAL, ADVOCATE FOR SRI. K. PRASANNA SHETTY, ADVOCATE FOR R1; R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2024 PASSED IN MVC NO. 58/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N. R. PURA, ITINERATE AT KOPPA, AWARDING COMPENSATION OF RS.7,59,700/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. 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:37989 MFA No. 4895 of 2024 ORAL JUDGMENT Heard Sri.Mallikarjun Reddy.N.A who represents Sri.Pradeep.B learned counsel on record for the appellant as well as Sri.S.M.Anfal who represents Sri.K.Prasanna Shetty learned counsel on record for respondent No.1. The insurance company which was fastened with the liability to pay compensation to the claimant has preferred the present appeal challenging the order that is rendered by the Motor Accident Claims Tribunal, Koppa in MVC No.58/2023 dated 20.04.2024. 2. Sri.Mallikarjun Reddy.N.A. who represents the appellant submits that the appellant is only aggrieved by the percentage of disability that was assessed by the Tribunal in respect of whole body of the claimant. Learned counsel states that the evidence of CW1 is that the disability in respect of right leg is 20%. However, the Tribunal took the disability in respect of whole body as 18% unjustifiably. Learned counsel thereby seeks to reduce the compensation to that extent out of the amount - 4 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 that was granted by the Tribunal under the head loss of future earnings. 3. Sri.S.M.Anfal who represents respondent No.1 on the other hand states that the Tribunal took the notional income as ₹15,000/- per month only. Learned counsel states that the accident occurred in the year 2022 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹15,500/- per month for settlement of claims. Learned counsel submits that the award of the Tribunal thus needs no interference. 4. As rightly contended by learned counsel for the appellant, the disability assessed by the Tribunal in respect of whole body is on higher side. Considering the totality of evidence produced and including the injuries sustained, this Court is of the view that the disability in respect of whole body can be taken as 6.5%. - 5 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 5. Also considering the submission that is made by learned counsel for respondent No.1, this Court is of the view that the notional income is required to be taken as ₹15,500/- per month. Thus, on taking the notional income as ₹15,500/-, the multiplier to be applied as '18' and the disability in respect of whole body as 6.5%, the compensation which the claimant is entitled to receive under the head loss of future earnings is ₹2,17,620/- (₹15,500/- X 12 X 18 X 6.5%). However, the Tribunal granted a sum of ₹5,83,200/- as compensation under the head loss of future income. Thus the compensation granted in excess is ₹3,65,580/- (₹5,83,200/- - ₹2,17,620/-) . 6. Further submission is made by learned counsel for respondent No.1 that the compensation granted towards food, attendant, nourishment and conveyance charges is on lower side and likewise, loss of income during laid up period is also on lower side. Having considered the submission thus made and taking into - 6 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 consideration the totality of facts and circumstances, this Court is of the view that the compensation granted by the Tribunal in toto is required to be reduced by ₹3,00,000/-. 7. As rightly contended by learned counsel for the appellant, the interest awarded is also on the higher side. This Court is of view that the claimant is entitled to receive the compensation with interest at the rate of 6% per annum and not 9% per annum as awarded by the Tribunal. 8. Thus the following: ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Koppa through orders in MVC No.58/2023 dated 20.04.2024 is reduced by Rs.3,00,000/-. (iii) The amount which the claimant is entitled to receive shall carry interest at the rate of 6% - 7 - HC-KAR NC: 2025:KHC:37989 MFA No. 4895 of 2024 per annum from the date of petition till the date of deposit. (iv) Amount in deposit if any be transmitted to the concerned Tribunal immediately. (v) Amount in excess if any deposited by the appellant be refunded to the appellant. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 69