- 1 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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. 2763 OF 2018 (MV-I) BETWEEN: 1. V ANAND S/O SRI VENKAACHARI AGED ABOUT 44 YEARS R/AT NO.C-501 SHRIRAM SYMPHONY HOLIDAY RESORT VILLAGE MALLASANDRA OFF: KANAKAPURA ROAD BANGALORE CITY PERMANENT ADDRESS: NO.62, LAKSHMI SADAN 2ND CROSS SYNDICATE BANK COLONY HULIMAVU, B G ROAD BANGALORE …APPELLANT (BY SRI UDAY KUMAR, ADVOCATE FOR SRI. JWALA KUMAR, ADVOCATE) AND: 1. SRI YAHYA S/O JUBER AHMED MAJOR IN AGE R/AT SHANKAR COLONY Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 HIDAKINORI RAMGANJ BAZAR JAIPUR, RAJASTHAN RC OWNER OF HG BEARING REG NO.RJ-02-GA-5975 2. M/S IFFCO-TOKIA INS CO LTD 5TH FLOOR SRI SHANTHI TOWERS 3RD MAIN NGEF LAYOUT KASTHURINAGARA BENGALURU-560043 …RESPONDENTS (BY SMT. MAMATHA S. SHANKAR, ADVOCATE FOR SRI SANMATHI E.I., ADVOCATE FOR R-2; VIDE ORDER DATED 18.01.2021, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2017 PASSED IN MVC NO.3871/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MACT AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 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) Heard learned counsel for the appellant and learned counsel for respondent No.2. 2. The appellant/claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award dated 13.12.2017 passed in MVC No.3871/2016 by the learned Member, Principal Motor Accident Claims Tribunal and Chief Judge, Court of Small Causes, Bengaluru (SCCH-1) (for short 'the Tribunal'). 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. The brief facts of the case are as under: On 08.03.2016 at about 6.30 p.m., the claimant was riding Bullet Motorcycle bearing Registration No.KA05/JL.7576 on NICE Road from his office towards his house and when he reached near Puravankara Apartments, at that time, a Lorry - 4 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 bearing Registration No.RJ.02/GA.5975 came from behind in the same direction driven by its driver in a rash and negligent manner and dashed against the claimant's motorcycle, due to which, the claimant along with the motorcycle fell down and sustained grievous injuries all over his body. The claimant was immediately shifted to Apollo Hospital, B.G.Road, Bengaluru, wherein he was treated as inpatient. He was subjected to surgeries and spent substantial amount towards his medical treatment. Hence, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation. 5. In order to prove his case, the claimant got examined himself as P.W.1 and also examined P.Ws.2 to 4 and got marked the documents as per Exs.P.1 to P.37 whereas, the Insurance Company examined R.Ws.1 and 2 and got marked the document as per Ex.R.1. 6. The Tribunal, after considering the evidence on record, partly allowed the claim petition awarding a total compensation of Rs.21,86,308/- with interest at the rate of 9% per annum (on Rs.18,86,308/- only) from the date of petition till its - 5 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 realization. Being aggrieved by the same, the claimant has filed this appeal seeking enhancement of compensation. 7. Sri Uday Kumar, learned counsel for the appellant vehemently contended that the appellant was working in M/s. Shahi Exports Private Limited and getting income of Rs.96,000/- per month and the compensation awarded by the Tribunal on all the conventional heads is meagre. The medical records coupled with the opinion of three doctors prove substantially that the injuries sustained by the appellant are grievous in nature leading to whole body disability at 26.77% and also loss of eyesight. The appellant is not able to do normal activities, his movement has been restricted and he needs an attendant for the rest of his life. The Tribunal, while determining the compensation, has failed to consider the medical evidence on record and has erred in not awarding adequate compensation. Further, the relevant factors i.e., future loss of earning capacity, future medical expenses and the permanent disability suffered by the claimant were not considered by the Tribunal. Hence, he prays to allow the appeal. - 6 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 8. Learned counsel for the appellant, in support of his oral submissions, has relied upon the following decisions: 1. HDFC ERGO GENERAL INSURANCE CO. LTD., vs MUKESH KUMAR AND OTHERS (AIR 2021 SC 4010) 2. DINESH SINGH vs BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AND ANOTHER ([2014] 9 SCC 241) 3. MOHD. SABEER ALIAS SHABIR HUSSAIN vs REGIONAL MANAGER, U.P. STATE ROAD TRANSPORT CORPORATION (AIR 2023 SC 186) 9. Per contra, Smt. Mamatha S. Shankar for Sri Sanmathi E.I., learned counsel for respondent No.2-Insurance Company has contended that the Tribunal, considering the oral and documentary evidence on record, has granted fair and just compensation on all the heads. He further contended that as on the date of the accident, the claimant was drawing a sum of Rs.93,000/- per month and after the accident, his salary has been increased to Rs. 96,000/- and he has been continuing in the job. Hence, there is no question of granting the future loss - 7 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 of income. Further, since the appellant/claimant has suffered only 26.77% disability to the whole body, he is not entitled for loss of future prospects. Thus, she prayed for dismissal of the appeal. 10. Having heard learned counsel for both the parties and on perusal of the appeal papers, the following point would arise for our consideration in this appeal: "Whether the compensation awarded by the Tribunal is on the lower side or it calls for any interference?" 11. We have perused the judgment and award. The compensation awarded by the Tribunal to the claimant is as follows: Sl. No. Heads of compensation Amount Rs. Ps. 1 Pain and sufferings 1,00,000.00 2 Medical expenses 15,29,692.00 3 Loss of income during treatment 1,16,616.00 - 8 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 4 Loss of amenities in life on account of fractures 1,00,000.00 5 Attendant charges, conveyance charges and other incidental expenses 40,000.00 6 Future medical expenses 3,00,000.00 Total 21,86,308.00 12. The Tribunal, considering the oral and documentary evidence on record, has granted fair and reasonable compensation on all the conventional heads except under the head 'loss of income during treatment/laid up period' wherein, the Tribunal has granted a sum of Rs.1,16,616/- which is on the lower side. 13. As per Ex.P.19-Salary Certificate, the income of the claimant was Rs.93,000/- per month and he was working in M/s. Shahi Exports, Bengaluru. This aspect is not disputed by the Insurance Company. The claimant was in hospital for a period of 59 days. Therefore, considering the nature of injuries sustained by the claimant and taking note of the income of the claimant, we enhance the compensation by Rs.58,900/- - 9 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 globally under the head 'loss of income during laid up period'. Hence, Rs.1,75,516/- is awarded under this head. 14. Thus, the claimant is entitled for the following compensation: Sl. No. Heads of compensation Amount Rs. Ps. 1 Pain and sufferings 1,00,000.00 2 Medical expenses 15,29,692.00 3 Loss of income during treatment 1,16,616.00 + 58,900.00 4 Loss of amenities in life on account of fractures 1,00,000.00 5 Attendant charges, conveyance charges and other incidental expenses 40,000.00 6 Future medical expenses 3,00,000.00 Total 22,45,208.00 Less: Compensation awarded by the Tribunal 21,86,308.00 ENHANCED COMPENSATION 58,900.00 93 - 10 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 15. We have perused the judgments relied upon by learned counsel for the appellant and we find that the findings in the said decisions are not applicable to the case on hand. 16. In the result, we pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The appellant/claimant is entitled for a total compensation of Rs. 22,45,208/- as against Rs. 21,86,308/- awarded by the Tribunal with interest at the rate of 6% per annum on the additional compensation of Rs.58,900/- from the date of claim petition till the date of its realisation. (iii) Respondent No.2-Insurance Company is directed to deposit the additional compensation amount together with interest within six weeks from the date of receipt of a copy of this judgment. (iv) Draw the modified award accordingly. - 11 - HC-KAR NC: 2025:KHC:32753-DB MFA No. 2763 of 2018 (v) No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV, List No.: 1 Sl No.: 48