- 1 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4113 OF 2025(MV-I) BETWEEN: CHIKKANNASHETTY, S/O LATE RANGASHETTY, AGED ABOUT 61 YEARS, R/AT KARALAPURA VILLAGE, NANJANGUD TALUK, MYSURU DISTRICT-571 118. …APPELLANT (BY SRI. SREENIVASAN M. Y., ADVOCATE) AND: 1. SUROJ BUILD CON PVT LTD., ITC LTD, AGRI BUSINESS DVN LTD, KGLT THANDYA INDUS AREA, NANJANGUD TALUK, MYSURU DISTRICT-571 301. 2. THE BRANCH MANAGER, ICICI LOMBARD MOTOR-INSURANCE CO LTD., NO.204, MYTHRI ARCADE, KANTHARAJA URS ROAD, SARASWATHIPURAM, MYSURU-570 005. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; V/O. DATED 18.06.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2024 PASSED IN MVC NO. 879/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Sreenivasan M.Y., learned counsel for the appellant as well as Sri.Mallikarjun Reddy who represents Sri.Pradeep B., learned counsel on record for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Nanjangud, in MVC No.879/2022 dated 07.11.2024. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident and became permanently and completely disabled, the appellant filed a petition seeking compensation of Rs.15,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.1,82,100/- as compensation. Projecting that the said sum is highly disproportionate, the present appeal is filed. - 3 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 4. Learned counsel for the appellant submits that the appellant sustained fracture of right tibia and fibula and became permanently and completely disabled. The appellant was working as a Mason by the date of accident and he was earning more than Rs.20,000/- per month. But due to the injuries sustained he is unable to do any work. Learned counsel also states that the appellant requires another surgery for removal of implants. However, no amount is awarded towards future medical expenses. Learned counsel further submits that the compensation that is granted by the Tribunal under all other heads is also on lower side and therefore the present appeal is filed. Learned counsel seeks for enhancement of compensation. 5. On the other hand, learned counsel who is representing respondent No.2 submits that the compensation that is granted by the Tribunal is just and reasonable. The appellant failed to produce any proof with regard to his actual earnings by the date of accident. However, the Court in case it desires, can take the notional income as fixed by the Karnataka State Legal Services Authority for settlement of claims. - 4 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 6. The accident occurred in the year 2022. For the relevant period, the Karnataka State Legal Services Authority is taking the notional income as Rs.15,500/- per month. Without disturbing the other parameters, having taken the notional income as Rs.15,500/- per month, the compensation which the appellant is entitled to under the head loss of future earnings due to permanent physical disability is as under: Description Amount Rs. Notional income per month 15,500-00 Annual income 1,86,000-00 On applying appropriate multiplier '5' 9,30,000-00 Permanent physical disability in respect of whole body being 10%, loss of future earnings is 93,000-00 7. The Tribunal through the impugned order awarded a sum of Rs.60,000/- only towards loss of future earnings. Thus, enhancement will be Rs.33,000/- (Rs.93,000/- - Rs.60,000/-). 8. As rightly contended, the compensation that is granted by the Tribunal under the head pain and suffering, - 5 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 towards transportation charges, towards loss of earnings during laid up period and towards loss of amenities is on lower side. The Tribunal granted a sum of Rs.20,000/- only under the head pain and suffering. Having considered the nature of injury sustained, the compensation which the appellant is entitled to under the head 'pain and suffering' is Rs.40,000/-. Thus, enhancement is Rs.20,000/- (Rs.40,000/- - Rs.20,000/-). 9. The appellant clearly established that he sustained a fracture of tibia and fibula right which is a grievous injury and that he took treatment as inpatient for the said injury. Having considered the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. Thus, loss of earnings during laid up period comes to Rs.46,500/- (Rs.15,500/- x 3). However, the Tribunal has granted a sum of Rs.20,000/- only towards laid up charges. Thus, enhancement will be Rs.26,500/- (Rs.46,500/- - Rs.20,000/-). 10. Also this Court is of the view that, the appellant is entitled to an additional sum of Rs.10,000/- towards loss of - 6 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 amenities in life. Equally, the appellant is also entitled to a sum of Rs.10,000/- towards future medical expenses. 11. Also having considered the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant is entitled for a sum of Rs.10,000/- towards transportation charges. The Tribunal granted a sum of Rs.6,000/- only under the said head. Thus, enhancement will be Rs.4,000/- (Rs.10,000/- - Rs.6,000/-). Thus, the total enhancement will be Rs.1,03,500/- (Rs.33,000/- + Rs.20,000/- + Rs.4,000/- + Rs.26,500/- + Rs.10,000/- + Rs.10,000/-). Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Nanjangud, through orders in MVC No.879/2022 dated 07.11.2024 is enhanced by Rs.1,03,500/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2025:KHC:30004 MFA No. 4113 of 2025 iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order. v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 49