- 1 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 8357 OF 2022 (MV-I) BETWEEN: 1. THE ORIENTAL INSURANCE COMPANY LIMITED VP IV, 1ST 'A' CROSS, POLICE STATION ROAD 1ST STAGE, PEENYA INDUSTRIAL ESTATE BENGALURU 560058 REPRESENTED BY ITS BRANCH MANAGER ALSO AT THE ORIENTAL INSURANCE COMPANY LIMITED TP HUB, REGIONAL OFFICE, LEO SHOPPING COMPLEX NO 44/46, RESIDENCY ROAD CROSS, BENGALURU 560025 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. BASAVARAJU S/O HOSALLAIAH AGED ABOUT 47 YEARS, RESIDING AT NO. 457, 5TH CROSS 2ND MAIN ROAD, KAVERIPURA NEAR NANDAGOKUL SCHOOL KAMAKSHIPALYA, BENGALURU 560079 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 OFFICE ADDRESS: BLOCK C-10, CENTRAL EXCISE, CUSTOMS QUARTERS 2ND CROSS, KUVEMPUNAGARA BEHIND SILK BOARD, BTM 2ND STAGE MADIVALA, KUDLU, BOMMANAHALLI BENGALURU 560068 2. SATHISH KUMAR D S/O DAYALAN D RESIDING AT NO 75, 3RD MAIN ROAD 3RD CROSS, KRISHNANADA NAGARA, NANDINI LAYOUT, BENGALURU 560096 …RESPONDENTS (BY SRI. SIDDAPPA SHANKARAPPA JOOCHANI., ADVOCATE FOR R-1; VIDE COURT ORDER DATED:23.06.2023, NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.09.2022 PASSED IN MVC NO. 1851/2020 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU SCCH-16, AWARDING COMPENSATION OF RS.42,44,000/- WITH INTEREST AT 6 PERCENT P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. This appeal is filed under Section 173(1) of MVC Act by the appellant - Insurance Company, being aggrieved by the Judgment and Award dated 26.09.2022 in MVC No.1851/2020 passed by the Court of X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, whereby, the Tribunal awarded total compensation of Rs.42,44,000/- with interest at 6% per annum from the date of petition till the date of its realization. 3. For the sake of convenience, the parties are referred to as per their rankings in the claim petition before the Tribunal. 4. The brief facts of the case are that, on 18.01.2020 at about 4.00 a.m., respondent No.1 herein was travelling in Tempo Traveller, bearing Reg.No.KA-01-AA-1906 along - 4 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 with his friends in order to go to Ayyappa Swamy Dharshanam at Shabarimalai from Magadi on NH-766, near Raghavapura Village, Gundlupet Taluk, at that time, the driver of the tempo traveller bearing Reg.No.KA-01- AA-1906 drove the same with high speed in rash and negligent manner, endangering to human life, without observing traffic rules and regulations, dashed against vehicle bearing Reg.No.TN-43-Y-7563 to its back side and then tempo traveller toppled over right side of the road. Due to the impact, claimant - respondent No.1 sustained grievous injuries. Immediately, the claimant was shifted to K.R.Hospital, Mysuru, wherein he took first aid treatment and then shifted to Hosmat Hospital, Bengaluru, wherein he took treatment as an inpatient and thereafter shifted to St.John's Medical College Hospital, Bengaluru. Hence, the claimant filed claim petition before the Tribunal seeking compensation. 5. Sri Ashok N.Patil, learned counsel for the appellant - Insurance Company vehemently contended that, the - 5 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 judgment and award passed by the Tribunal is contrary to the law and facts. The claimant has continued his work as Head Havaldar at the Assistant Commissioner of Customs, Central Excise and Customs and he has been drawing salary as he was earlier drawing. Therefore, there is no loss of future income due to physical disability. However, the Tribunal has awarded a sum of Rs.10,00,000/- towards his physical disability which is high and exorbitant one. However, the Tribunal has committed an error and awarded Rs.16,98,372/- towards 'Attendant charges' by calculating attendant charges taking maximum wages of unskilled labour at Rs.10,887/- per month. In fact, the claimant continued his service and attending his duties. The Tribunal ought to have considered the factual and legal aspects of the matter and should have dismissed the claim petition. 6. The learned counsel for respondent No.1 - claimant vehemently contended that the Tribunal has considered the oral and documentary evidence on record and granted - 6 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 fair and reasonable compensation under all heads. Hence, no interference is called for in that regard and hence he prays to dismiss the appeal. 7. We have perused the material available on record. The point that would arise for our consideration in this appeal: "Whether the Quantum of compensation awarded by the Tribunal is just and reasonable or it is on the higher side, and thus, it has to be reduced?" 8. We have perused the impugned judgment and award. It appears that, the Tribunal has awarded compensation of Rs.16,98,372/- for "attendant charges". The claimant being in paraplegic condition and having 89% physical disability to the whole body, he must be under regular attender assistance. Paraplegia is a condition, where claimant experiences paralysis or weakness in his lower body, including the legs and sometimes the trunk, due to damage to the spinal cord. This can affect his ability to walk, stand and control bowel - 7 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 and bladder functions. Thus, paralysis affected the lower half of the body of claimant. This damage disrupts the signals from brain to the lower limbs, causing loss of motor and sensory function. Thus, supportive assistance is essential. Wheel chairs, mobility aids and home modifications may be necessary to facilitate daily activities. 9. The Tribunal while considering the compensation under the head "attendant charges" has taken into consideration the maximum wages at Rs.10,887/- per month, which is on higher side and not in accordance with law, as attender is not required for whole day. Hence, it has to be reduced to Rs.4,000/- per month. 10. As per the age of the claimant, multiplier applicable is '13' and therefore the attendant charges would be calculated as follows: Rs.4,000 x 12 x 13 which comes to Rs.6,24,000/-. Hence, the attendant charges awarded by - 8 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 the Tribunal is reduced to Rs.6,24,000/- from Rs.16,98,372/-. 11. So far as the "physical disability" is concerned, the Tribunal has awarded compensation of Rs.10,00,000/- without any basis, which is on higher side and an exorbitant one. The Tribunal ought to have assessed damages objectively, considering the extent of the disability and its impact on claimant's life and thus, it is reduced globally to Rs.8,00,000/- from Rs.10,00,000/-. 12. Thus, the claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 2,00,000.00 Loss of income during laid up period 4,32,098.00 Food, nourishment and conveyance 1,00,000.00 Attendant charges 6,24,000.00 Medical expenses 4,58,390.00 Physical disablement 8,00,000.00 Loss of future amenities and happiness 2,00,000.00 Future medical expenses 1,55,000.00 TOTAL 29,69,488.00 Less: Compensation awarded by the Tribunal 42,43,860.000 REDUCED COMPENSATION 12,74,372.00 - 9 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 13. Accordingly, we pass the following O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 26.09.2022 in MVC No.1851/2020 passed by the Court of X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, is modified to the extent stated hereinabove. iii. The claimant is entitled for total compensation of Rs.29,69,488/- (Rupees Twenty nine lakh sixty nine thousand four hundred and eighty eight only) as against Rs.42,43,860/- awarded by the Tribunal. iv. In so far as liability is concerned, The Insurance Company is directed to deposit the entire compensation before the Tribunal together with interest at the rate of 6% per annum within a period of six weeks from today. - 10 - HC-KAR NC: 2025:KHC:30315-DB MFA No. 8357 of 2022 v. Amount in deposit shall be transferred to the Tribunal for disbursement. vi. No order as to costs. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. Registry is directed to send back the records along with the copy of this judgment to Tribunal, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 21