- 1 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 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. 6009 OF 2017 (MV-I) BETWEEN: SRI N SANTHOSH S/O LATE NAGARAJU AGED ABOUT 25 YEARS R/A GHOSEGOWDA STREET SRIRANGAPATNA TOWN SRIRANGAPATNA TALUK MANDYA DISTRICT-571438 …APPELLANT (BY SRI. K S NARAYANA SWAMY, ADVOCATE) AND: 1. SRI MUHAMMED N S/O MUMMY HASSAN AGE:MAJOR R/A NO.X/138-B, NADAKAL HOUSE BHITTETHUKARAM CSEZ POST:KAKKANADU KERALA STATE-686001 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD VENKATESHWARA FLAZA NO.2912, 1ST MAIN SARASWATHIPURAM MYSURU-570009 …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 27.11.2018) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2017 PASSED IN MVC NO.346/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 31.01.2017 passed in MVC No.346/2013 by the Learned Additional Senior Civil Judge, MACT, Srirangapatna2, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `2,33,040/- together with interest at 9% pa. 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 1 Hereinafter referred to as ‘Act of 1988’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 present appeal is with regard to the adequacy of the quantum of compensation awarded. 3. Heard the submissions of learned counsel Sri K.S.Narayana Swamy, for the appellant/claimant and learned counsel Sri O.Mahesh, for respondent No.2-insurer. 4. The claimant is aged 22 years as on the date of the accident i.e., on 29.12.2012. It is averred that the claimant was a first year post graduate student at the Maharaja Post Graduate College, Mysuru, and was also working as a LIC Agent, having a monthly income of `10,000/-. The Tribunal considering the same has assessed the notional income of the claimant at `6,500/- p.m., since no documents have been produced to demonstrate the income. Having regard to the date of the accident, the notional income of the claimant is re- assessed as `7,000/- p.m. 5. It is forthcoming from the wound certificate (Ex.P50), the discharge summary (Ex.P54) and other medical evidence on record that the claimant has sustained fracture of the mandible of lower jaw in two places i.e., right part of the - 4 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 mandible and left ankle of the mandible with loss of one tooth. The claimant has taken treatment as an inpatient for a total period of 10 days. The doctor (PW.2) has deposed the disability of the claimant at 9%. However, the Tribunal has re- assessed the same as 4%, which is just and proper. 6. In view of the aforementioned, the compensation is re-assessed as under: 6.1 The compensation awarded by the Tribunal towards pain and suffering of `35,000/- and future medical expenses of `20,000/- are just and proper; 6.2 The Tribunal while calculating the medical expenses has deducted the advance amount of `55,000/-. It is forthcoming that the total medical bills produced by the claimant (Ex.P1 to P40) totally amounts to a sum of `1,19,295/-. Hence, it is just and proper that the compensation towards medical expenses be re-assessed in a sum of `1,20,000/-; 6.3 The compensation towards food, nourishment and attendant charges awarded as `10,000/- is re-assessed as - 5 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 `15,000/- having regard to the nature of injuries sustained and the period of treatment; 6.4 The Tribunal has assessed the laid up period as two months. Accordingly, compensation towards loss of income during laid up period is re-assessed as (`7,000/-x2) `14,000/- as against `13,000/- awarded by the Tribunal; 6.5 Loss of future earning due to disability is re- assessed as (`7,000/-x12x18x4%) `60,480/- as against `56,160/- awarded by the Tribunal; 6.6 Having regard to the nature of injuries sustained and the resultant disability, the compensation towards loss of amenities is re-assessed as `20,000/- as against `15,000/- awarded by the Tribunal. 7. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 8. Accordingly, the total compensation under various heads is re-assessed as follows: - 6 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 Sl. No Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Pain, shock and agony 35000.00 35000.00 2. Medical expenses 83880.00 120000.00 3. Food, diet, nourishment, conveyance and other incidental expenses 10000.00 15000.00 4. Loss of income during treatment period 13000.00 14000.00 5 Future medical expenses 20000.00 20000.00 6 Loss of future earning due to disability 56160.00 60480.00 7 Disappointment and discomfort and loss of amenities 15000.00 20000.00 Total 233040.00 284480.00 9. Hence, the claimant is entitled for enhanced compensation of (`2,84,480/- – `2,33,040/-) `51,440/-. 10. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 31.01.2017 passed in MVC No.346/2013 by the Learned Additional Senior Civil Judge, MACT, Srirangapatna, is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered. - 7 - HC-KAR NC: 2025:KHC:26184 MFA No. 6009 of 2017 iii) The claimant is entitled for enhanced compensation of Rs.51,440/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed digitally to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 33