- 1 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8364 OF 2017 BETWEEN: SRI.HANUMANTHARAYA, S/O CHALAPPA, AGED ABOUT 35 YEARS, R/AT MADIRAHALLI, NAGALAMADIKE HOBLI, PAVAGADA (RURAL) TUMKUR – 561 202. …APPELLANT (BY SRI.RAGHU R.,ADVOCATE) AND: 1. ICICI LOMNBARD GENERAL INSURANCE CO. LTD., NO.121, 9TH FLOOR, THE ESTATE BUILDING, DICKENSON ROAD, BENGALURU – 560 001. REPRESENTED BY ITS MANAGER. POLICY ISSUED AT: ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI LOMBARD HOUSE, 414, VEER SAVARAK MARG, NEAR SIDDHI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI – 400 025. (POLICY NO.3005/25788052/2172-5/000. VALID FROM 23.12.2014 TO 22.12.2015). Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 2. SRI. THIMMARAJU, S/O VENKATARAMANAPPA, NO.61, KENADIAL SCHOOL ROAD, SIDDANAHOSAHALLI, MADAVARA POST, DASANAPURA HOBLI, BENGALURU NORTH – 562 102. BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. JAGADISH P S., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10/07/2017, PASSED IN MVC NO.1583/2016, ON THE FILE OF THE VII ADDITIONAL JUDGE, MACT XXXII ACMM, (SCCH-3), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed under Section 173(1) of the Motor Vehicles Act, 19801 by the claimant, challenging the judgment and award dated 10.07.2017 passed in 1 Hereinafter referred to as ‘M.V. Act’ - 3 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 M.V.C.No.1583/2016 by the VII Additional Judge, MACT & XXXII ACMM, Bengaluru (SCCH-3)2, seeking for enhancement of the quantum of compensation awarded. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 3. Heard the submissions of the learned counsel, Shri.Raghu.R., appearing for the appellant/claimant and learned counsel, Shri.Jagadish.P.S., appearing for the Respondent No.1/ Insurer. 4. It is forthcoming that the claimant was aged 34 years as on the date of the accident, i.e., on 03.08.2015. Hence, the Tribunal has applied the appropriate multiplier of '16', which is just and proper. 5. It is averred that the claimant is a Mason and earning `15,000/- per month. However, no documents 2 Hereinafter referred to as the ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 have been produced to demonstrate his income. The Tribunal has assessed the notional income of the claimant as `7,000/- per month. Having regard to the date of the accident, it is just and proper that the notional income of the claimant be re-assessed as `9,000/- per month. 6. It is forthcoming from the Wound Certificate (Ex.P6), Discharge Summary (Ex.P9) and other medical documents that the claimant sustained fracture of left femur and fracture of metacarpal of the index, middle and ring finger of the right hand. The Tribunal has noticed that the Doctor (PW-3) has admitted in the cross-examination that there is no fracture metacarpal of the index, middle and ring finger of the right hand. The Doctor has deposed that the disability to the left leg is 42%. The Tribunal has assessed 1/3rd of the same and recorded a finding that the whole body disability comes to 14%. However, without any justification, merely recording that considering the evidence of PWs-1 and 3, reduced the permanent disability to 8%. The said reduction is without any basis and liable - 5 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 to be interfered with. Accordingly, the disability of the claimant to the whole body is re-assessed as 14%. The claimant was treated as an inpatient for a total period of 21 days. Accordingly, the compensation is re-assessed as follows: i) The Tribunal has awarded compensation of `35,000/- towards pain and suffering. Having regard to the nature of the injuries sustained, the same is re-assessed as `40,000/-; ii) The Tribunal has assessed the laid-up period as three months. Accordingly, the loss of income during laid-up period is re-assessed as (`9,000 X 3) `27,000/- as against `21,000/- awarded by the Tribunal; iii) The Tribunal has awarded a sum of `801/- towards medical bills as per the actuals, which is just and proper. However, the same is rounded off as `1,000/-; - 6 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 iv) The Tribunal has awarded a total compensation of `15,000/- towards loss of amenities, conveyance, food, nourishment and attendant charges. Having regard to the nature of the injuries sustained and the period of treatment, it is just and proper that the compensation towards food, nourishment, conveyance and attendant charges be re-assessed as `15,000/- as also the loss of amenities be re- assessed as `20,000/-; v) The compensation awarded towards future medical expenses in a sum of `15,000/- is not interfered with; vi) The compensation towards loss of future earning capacity due to disability is re-assessed as (`9,000 X 12 X16 X 14%) = `2,41,920/-. 7. Hence, the total compensation under various heads is re-assessed as follows: - 7 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 35,000.00 40,000.00 2 Loss of income during laid up period 21,000.00 27,000.00 3 Medical bills 801.00 1,000.00 4 Loss of future earning 1,07,520.00 2,41,920.00 5 Loss of amenities, food and nourishment and attendant charges 15,000.00 15,000.00 (food and nourishment) 20,000.00 (loss of amenities) 6 Future medication 15,000.00 15,000.00 Total 1,94,321.00 3,59,920.00 8. Hence, the appellant/claimant is entitled for enhanced compensation of `1,65,599/- (`3,59,920/- – `1,94,321/-) rounded off to `1,66,000/-. 9. The Tribunal has awarded interest at 8% per annum. However, taking judicial notice of the interest awarded towards Fixed Deposits, it is just and proper that - 8 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 the interest be awarded as 7% per annum on the compensation as re-assessed by this Court. 10. In view of the aforementioned, the following: ORDER i) The appeal is partly allowed; ii) The judgment and award dated 10.07.2017 passed in M.V.C.No.1583/2016 on the file of VII Additional Judge & XXXII ACMM, Bengaluru (SCCH-3) is modified to the extent of holding that the claimant is entitled to a further compensation of `1,66,000/- (Rupees One Lakh Sixty Six Thousand only), which is required to be paid together with interest at 7% per annum from the date of petition till the date of payment, in addition, to the compensation awarded by the Tribunal; iii) The Insurer shall deposit the compensation together with accrued interest within a period of six weeks; - 9 - HC-KAR NC: 2025:KHC:26851 MFA No. 8364 of 2017 iv) After deposit, the entire enhanced compensation with accrued interest shall be disbursed to the appellant/claimant; v) The Registry to draw the modified award accordingly; vi) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE DH List No.: 1 Sl No.: 6