- 1 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3099 OF 2022(MV-I) BETWEEN: SRI KALYAN KUMAR, S/O. MUNINARAYANAPPA, AGED ABOUT 23 YEARS, R/O. CHANJIMALE VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT. …APPELLANT (BY SRI KAILAS SHANKAR P.S., ADVOCATE) AND: 1. SMT. VIDHYA KOLANDAIVELU, S/O M. SARAVANA KUMAR, MAJOR, R/AT B-3007, MYFAIR ANTHEM, BHOGANAHALLI ROAD, KADABEESANAHALLI, BANGALORE-560 103. 2. THE MANAGER, THE LIBERTY GENERAL INSURANCE CO. LTD., OFFICE NO.1, ALYSSA FIRST FLOOR, REAR PORTION, NEW NO.23, RICHMOND ROAD, BANGALORE-560 025. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED, VIDE ORDER DATED 05.04.2024) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 01.12.2021 PASSED IN MVC NO.6202/2019 BY IX ASCJ, SMALL CAUSES AND ADDITIONAL MACT, BENGLAURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimant challenging the judgment and award dated 01.12.2021 passed by IX ASCJ, Small Causes and Additional MACT, Bengaluru (for short ‘the Tribunal’) in MVC No.6202/2019. The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. Hence, the appellant-claimant seeks enhancement of compensation. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under; That on 27.09.2019 at about 3.45 p.m., the claimant was proceeding on a motorcycle bearing registration No.KA-51-EX-8893. At that time, a Hyundai car bearing registration No.KA-53-ME-0062 came in a rash and - 3 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 negligent manner and dashed against the motorcycle of the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. Immediately, he was shifted to Balaji Hospital, Dommasandra, wherein, first aid treatment was given and thereafter, to Sri Gaurav Orthopaedic and Surgical Hospital, Kolar, wherein, he took treatment as an inpatient and underwent surgery. Hence, the claimant filed a claim petition seeking compensation. 3.1 On service of notice, respondent No.1 did not appear before the tribunal and he was placed ex parte. Respondent No.2 appeared and filed written statement denying the averments made in the claim petition and sought for dismissal of the claim petition. 3.2 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.3,69,846/- with interest @ 6% p.a. and also held respondent Nos.1 and 2 to be jointly and severally liable to pay the compensation to the claimant - 4 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 and respondent No.2 being the insurer was directed to deposit the amount within two months from the date of the judgment. 3.3 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has committed an error in awarding meager compensation. It has failed to take the correct income of the appellant. It is contended that the tribunal has failed to award future prospects, in view of the disability of 20% opined by the Doctor-PW.2. He further contends that the tribunal has not awarded reasonable compensation under other heads also. On these grounds, he seeks enhancement of compensation. 5. Per contra, learned counsel representing the respondent-Insurance Company sustains the judgment - 5 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 and award of the tribunal and contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. The compensation awarded on all other heads is justified. No material is placed before the Court to show that the appellant has incurred permanent disability to award future prospects. Accordingly, he seeks dismissal of the appeal. 6. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the occurrence of the accident, involvement of the vehicle and injuries sustained by the claimant in the road traffic accident are all established and proved by the production of Exs.P1 to P14. Therefore, the negligence is rightly attributed against the driver of the offending vehicle, which is not questioned. 7. Now coming to the aspect of age, avocation, income and appropriate multiplier to be adopted, it is stated that the tribunal taken the income of Rs.10,000/- per month, in view of there being no proof of income. - 6 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 However, the notional income chart of the Legal Services Authority prescribes the income of Rs.14,000/- for the accident year 2019. Accordingly, income is taken as Rs.14,000/-. The age of the deceased was 22 years at the time of accident. The tribunal has rightly applied the multiplier at ‘18’, which does not call for interference and the same is retained. 8. The Doctor-PW.2 has opined the disability to an extent of 40% to the right lower limb, 20% to the left upper limb and 20% to the whole body, whereas the tribunal has reduced the disability to 10%. I am afraid that the finding of the tribunal reducing the disability to 10% is not sustainable. I am in agreement with the learned counsel for the appellant-claimant that when the Doctor, who is an expert in the field of medicine, has opined the disability to an extent of 20% to the whole body, the tribunal, in the absence of any contra material, is not justified to reduce the disability after the medical expert has opined on the basis of examination and the records. - 7 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 Under the circumstances, the disability requires to be taken at 20% to the whole body rather than 10%. Therefore, the loss of future income due to disability would be Rs.6,04,800/- (Rs.14,000/- x 12 x 18 x 20%) as against Rs.2,16,000/- awarded by the tribunal. 9. The tribunal awarded Rs.20,000/- towards pain and suffering. However, this Court deems it appropriate to award Rs.50,000/- under this head. 10. The tribunal awarded Rs.20,000/- towards loss of amenities. However, this Court deems it appropriate to award Rs.40,000/- under this head. 11. The tribunal awarded Rs.20,000/- towards loss of income during the period of treatment, rest, food, nourishment and attendant charges, which does not call for interference and the same is retained. However, the claimant is entitled to Rs.20,000/- towards food, nourishment and attendant charges and in view of this Court enhancing the income to Rs.14,000/- per month, the - 8 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 claimant would require atleast three months period to recuperate and to get back to his normal day to day activities. Therefore, claimant shall be entitled to Rs.42,000/- (Rs.14,000/- x 3) towards loss of income during laid up period. 12. The tribunal has not awarded any compensation towards future medical expenses. However, this Court deems it appropriate to award Rs.25,000/- under this head as the Doctor has opined for removal of the implants. 13. The tribunal awarded Rs.93,846/- towards hospital and medicine charges, which does not call for interference and the same is retained. 14. In view of the above, the claimant shall be entitled to a total compensation of Rs.8,75,646/- as against Rs.3,69,846/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 6,04,800-00 Pain and suffering 50,000-00 Loss of income during laid up period 42,000-00 Food, nourishment and attendant charges 20,000-00 Loss of amenities 40,000-00 - 9 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 Hospital and medicine charge 93,846-00 Future medical expenses 25,000-00 TOTAL 8,75,646-00 15. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 01.12.2021 passed in MVC.No.6202/2019 by IX ASCJ, Small Causes and Additional MACT, Bengaluru, is modified; iii) The claimant is entitled to a total compensation of Rs.8,75,646/- as against Rs.3,69,846/- along with interest @ 6% p.a. iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company with interest @ 6% p.a. within a period of four weeks from the date of receipt of a copy of this judgment; v) The compensation amount shall be released in favour of the appellant-claimant as per the - 10 - NC: 2025:KHC:6965 MFA No. 3099 of 2022 terms of the Tribunal by electronic transfer to the claimant upon furnishing the required Bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact; vii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT:SNN