- 1 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4216 OF 2024(MV-I) BETWEEN: SRI. MUNNA KOUSHAL @ MUNNA KOUSAR, S/O. SHIVASHANKAR PRASAD, AGED ABOUT 38 YEARS, R/AT NO. 34/1, 2ND CROSS, NANJAMMA LAYOUT, MANORAYANA PALYA, R.T. NAGAR, BENGALURU-560 032. …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE (VC)) AND: THE MANAGING DIRECTOR, BMTC, K.H. ROAD, SHANTHI NAGAR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 BENGALURU-560 027. …RESPONDENT (BY SRI. NAGARAJA K, ADVOCATE (VC)) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.02.2024 PASSED IN MVC NO.5036/2022 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 ORAL JUDGMENT Heard Sri.K.V.Naik learned counsel for the appellant who appears before this Court physically. Also heard Sri.Nagaraja.K learned counsel for the respondent who appears through video conference. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bengaluru, through Orders in MVC No.5036/2022 dated 02.02.2024, the claimant therein has filed the present appeal. 3. Arguing the matter learned counsel for the appellant contends that the appellant by working as carpenter and interior designer was earning ₹25,000/- per month by the date of accident. However, the Tribunal took the notional income as ₹15,500/- per month. Learned counsel also states that the appellant sustained grievous - 4 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 injuries in a road traffic accident and became permanently and completely disabled. But the Tribunal awarded a sum of ₹30,960/- only towards loss of income during laid up period and attendant charges which is unjustifiable. Learned counsel thereby seeks for enhancement in compensation. 4. Vehemently opposing the submission thus made, learned counsel for the respondent states that the Tribunal granted huge sum of ₹80,000/- under the head pain and suffering, ₹50,000/- towards food and nourishment and ₹50,000/- towards future medical expenses though appellant sustained only one grievous injury. Learned counsel states that as the Tribunal awarded excessive sum as compensation, the appeal is not maintainable. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained fracture of right 3rd and 5th metatarsal bones and also an injury over - 5 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 dorsum. Considering the evidence of PW4 and other evidence produced, the Tribunal took the disability in respect of whole body as 8% which needs no interference. The Tribunal took the notional income of the appellant as ₹15,500/- per month which is also justifiable. However, considering the injuries sustained and the treatment taken, this Court is of the view that the appellant would not have attended his normal pursuits atleast for a period of four months. Thus, loss of earnings during laid up period comes to ₹62,000/-. 6. The Tribunal failed to award any compensation towards loss of amenities in life. The appellant is entitled to a sum of ₹10,000/- towards amenities in life. Thus, the total sum which the appellant is entitled to receive under the head loss of income during laid up period and loss of amenities in life is ₹72,000/- (₹62,000/- + ₹10,000/-). Thus, additional sum which the appellant is entitled to receive is ₹41,040/- (₹72,000/- - ₹30,960/-). Therefore, the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC:38016 MFA No. 4216 of 2024 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.5036/2022 dated 02.02.2024 is enhanced by ₹41,040/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 73