- 1 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.4147 OF 2018 (MV-I) BETWEEN: PAVAN R. S/O. RAVISHANKAR AGED ABOUT 26 YEARS RESIDENT OF NO.86 3RD CROSS, ABBIGERE MAIN ROAD BHEL CIRCLE BENGALURU - 90. PRESENT ADDRESS: NO.524, 2ND "A" CROSS MES ROAD, BENGALURU-54 KARNATAKA. …APPELLANT (BY SRI HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. KRISHANJITH S/O. K. GOPAKUMAR GOKULAM T.C., NO.-5/1526(1) SREEKARYAM P.O., DISTRICT: THIRUVANANTHAPURAM KERALA-695 017. 2. THE NATIONAL INSURANCE COMPANY LTD. REGIONAL OFFICE NO.-144, 2ND FLOOR SUBHARAM COMPLEX Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 M.G. ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI S.V. HEGDE MULKHAND, ADVOCATE FOR R-2; VIDE ORDER DATED 3-1-2022, NOTICE TO R-1 IS DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-4-2018 PASSED IN MVC NO.1951 OF 2016 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSE JUDGE AND 19TH ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the appellant/claimant seeking for enhancement of compensation being aggrieved by the judgment and award dated 25.04.2018 passed in MVC No.1951/2016 on the file of XXI Addl. Small Causes Judge and the Motor Accident - 3 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 Claims Tribunal, Bengaluru(for short 'Tribunal'), whereby the Tribunal granted a compensation of Rs.1,69,672/- to the claimant. 2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. 3. Brief facts of the claimant's case before the Tribunal are as under:- That on 01.01.2016 at about 12.45 a.m., on Abbigere Forest road, Bangalore City, the rider of Motor cycle bearing registration No.KL-22-D-6322 rashly and negligently came on wrong side and dashed against two wheeler of the claimant herein bearing registration No.KA-04-HH-7432, as a result of which, the claimant fell down and sustained multiple fractures. Immediately he was shifted to Avesha Hospital, Singasandra M.M. Palya, Bangalore and he took treatment as an inpatient. This led to registration of FIR and investigation. Hence, he filed a claim petition seeking compensation for the injuries sustained in the road traffic accident. 4. Learned counsel appearing for the appellant-claimant vehemently contended that the Tribunal committed an error in awarding a sum of Rs.40,000/- towards pain and suffering, though the evidence on record clearly establishes that the claimant - 4 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 sustained displaced fracture of anterior, postero lateral and medial walls of left maxillary sinus, zygomatic arch and anterior margin of left temporo mandibular joint, un-displaced fracture of roof and postero lateral wall of orbit extending into the optic canal, midly displaced fracture of left orbital apex. Further, the Tribunal has not considered the disability though Doctors-PW-2 and 3 assessed the disability at 32% and 25% respectively. However, the Tribunal has not awarded any compensation under the head 'disability'. Further, the Tribunal has not granted any compensation under the heads 'loss of amenities' and 'loss of income during laid up period' etc., Hence, learned counsel prayed to allow the appeal. 5. Learned counsel for respondent No.2-Insurance company vehemently contended that the Tribunal considering the oral and documentary evidence on record has granted fair and reasonable compensation and no interference is called for in that regard. 6. We have perused the material available on record and having heard learned counsel for both the parties, the following point would arise for our consideration:- “Whether the quantum of compensation awarded by the Tribunal is just and proper or does it require enhancement? - 5 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 7. In order to prove the claim of the appellant/claimant, he himself got examined on oath as PW-1 and he relied upon in all 19 documents vide Exs-P1 to P19. He also examined PW-2 Dr. K.M. Kumaraswamy and PW-3 Dr. Nagaraj B.N. The Doctors- PW-2 and PW-3 have clearly stated that the claimant sustained permanent physical disability at 32% and 25%. However, the Tribunal has not awarded any compensation towards disability on the ground that the Doctors have not stated physical disability of the whole body. Therefore, we assess the physical disability of the whole body of the claimant at 9%, which is fair and reasonable one. The accident is of the year 2016. In the absence of any proof of income, taking note of the circular issued by the Karnataka State Legal Services Authority and The High Court Legal Service Committee, Bengaluru, we deem it appropriate to re-assess the notional income of the claimant at Rs.9,500/-. As on the date of the accident, the age of the claimant was 26 years. Hence, the multiplier applicable to the age of the claimant is '17. Hence, the 'loss of future earning capacity' is assessed as under:- Rs.9,500/- x 12 x 17 x 9% = Rs.1,74,420/- - 6 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 8. The Tribunal has granted a compensation of Rs.40,000/- towards 'pain and suffering', which is on lower side. The claimant has sustained six grievous injuries and six simple injuries as per Ex-P16-wound certificate. Hence, the claimant is entitled for additional compensation of Rs.40,000/- towards 'pain and suffering', totally amounting to Rs.80,000/-. 9. Towards 'Conveyance, Nourishment and nutritious food', the Tribunal awarded a compensation of Rs.10,000/- which is meager amount and hence, we award additional compensation of Rs.10,000/- under said head, totally amounting to Rs.20,000/-. 10. The Tribunal has not granted any compensation under the head 'loss of amenities' and 'loss of income during laid up period'. Therefore, we award a compensation of Rs.25,000/- towards 'loss of amenities' and Rs.9,500/- towards 'loss of income during laid up period'. 11. The Tribunal has awarded a compensation of Rs.1,19,672/- under the head 'medical expenses', which is fair and reasonable and hence, no interference is called for in that - 7 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 regard. Thus, totally, the appellant-claimant is entitled for a total compensation of Rs.5,98,264/- as per the table below: Accordingly, we pass the following: ORDER 1. The appeal is allowed-in-part. 2. The judgment and award dated 25.04.2018 passed in MVC No.1951/2016 on the file of XXI Addl. Small Causes Judge and the Motor Accident Claims Sl.No. Head Amount of Compensation in Rs. 1. Loss of future earning capacity 1,74,420-00 2. Pain and suffering 80,000-00 3. Conveyance, nourishment and nutritious food 20,000-00 4. Loss of amenities 25,000-00 5. Loss of income during laid up period 9,500-00 6. Medical expenses 1,19,672-00 TOTAL 4,28,592-00 COMPENSATION AWARDED BY THE TRIBUNAL -1,69,672-00 ENHANCED COMPENSATION 2,58,920-00 Page No.7 Retyped and Replaced vide chambers order dated 25.10.2025. - 8 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 Tribunal, Bengaluru is modified to the extent stated hereinabove. 3. The appellant/claimant is entitled for a total compensation of Rs.4,28,592/- as against Rs.1,69,672/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.2,58,920/- from the date of filing of the claim petition till the date of its realisation. 4. Respondent No.2-The National Insurance Company Limited shall deposit the enhanced compensation with interest at 6% pa. within a period of six weeks from the date of receipt of copy of the judgment. 5. In so far as, apportionment, deposit and release, the judgment and award of the Tribunal shall remain unaltered. Page No.8 Retyped and Replaced vide chambers order dated 25.10.2025. - 9 - HC-KAR NC: 2025:KHC:35309-DB MFA No. 4147 of 2018 6. Registry is directed to send back the Tribunal records along with copy of this judgment. 7. Pending IA(s), if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 40