- 1 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9845 OF 2018 (MV-I) BETWEEN: SRI. NARASIMHA MURTHY S/O NARASIMHAPPA, AGE 42 YEARS, R/O NO.6, SHETTIHALLI GATE PALYA, BANGALORE - 560 015 …APPELLANT (BY SMT. SUNITHA B.H, ADVOCATE FOR SRI. SURESH M. LATUR, ADVOCATE) AND: 1. THE MANAGER M/S RAMALINGAM CONSTRUCTION COMPANY LTD., NO.705, J.TOWERS, BINNYSTON GARDEN, K P AGRAHARA POST, MAGADI MAIN ROAD, BANGALORE - 560 023. 2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO LTD., NO.41, 2ND FLOOR, NEXT TO MANDOVI MOTORS, CRIST COMPLEX, LAVELLE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.C. SHIVANNEGOWA, ADVOCATE FOR R2; VIDE ORDER DATED 16.08.2022, NOTICE TO R1 DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.06.2018 PASSED IN MVC NO.7107/2016 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, 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: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 02.06.2018 passed in MVC No.7107/2016, by the XIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, (SCCH-15), for enhancing the compensation. 2. Heard the arguments of learned counsel for both sides. Notice to respondent No.1 is dispensed with. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.10,00,000/-. - 3 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 The Trial Court considering the entire evidence on record, granted an amount of Rs.1,67,000/- with interest at the rate of 8% p.a., from the date of petition till the date of realization. Aggrieved by the said order, this appeal is filed. 4. It is mainly contended that he sustained grievous injuries and was hospitalized for 27 days. He examined PW.3-doctor, who assessed the physical disability as 19% to the left upper limb and 9.5% to the whole body. But the Tribunal erred in taking the disability at only 5%. The amounts granted under the other heads are also inadequate. Therefore, requested for enhancement. 5. The petitioner was aged 40 years, working as a Security Guard and was earning Rs.10,000/- per month. But no income proof was filed before the Tribunal. The Tribunal considered his income as Rs.8,000/- per month. Since he met with an accident on 30.09.2016, this court, as per the guidelines of the Karnataka State Legal Services - 4 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 Authority, finds it reasonable to assess his notional income at Rs.9,500/- per month. As per wound certificate-Ex.P.4 and discharge summary-Ex.P.7, he sustained the following injuries: "1. Fracture lateral malleolus right ankle. 2. Fracture 3rd & 4th metatarsal right foot. 3. PTRA (Post Traumatic Raw Area) right foot." These injuries are grievous in nature. 6. The petitioner was hospitalized for 27 days and spent Rs.8,629/- towards medical expenses, as per Ex.P.10. The Tribunal observed that PW.3 was not the doctor, who treated the petitioner and the disability assessed by him for the whole body was on the lower side. PW.3 assessed the disability of the left upper limb at 19%, and one-third of it comes to 6%. Accordingly, the 'loss of future income' come to Rs.1,02,600/- (Rs.9,500 × 12 × 15 × 6%). The petitioner might not have attended work for at least three months. Hence, this Court finds it - 5 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 reasonable to grant Rs.28,500/- (Rs.9,500 × 3) towards 'loss of income during the laid-up period' and 'loss of amenities' enhanced to Rs.25,000/-. The amounts granted under the heads of medical expenses and pain and suffering are confirmed. This Court further finds it reasonable to grant Rs.40,000/- towards 'extra nourishment, transportation, and attendant charges'. 7. Thus in all, compensation awarded by this court is as below, Particulars Amount in Rs. Loss of future income 1,02,600.00 Pain and suffering 40,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 40,000.00 Medical expenses 9,000.00 Loss of income during laid up period 28,500.00 Total 2,45,100.00 - 6 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,45,100/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 02.06.2018 passed in MVC No.7107/2016, by XIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, (SCCH-15), is modified; iii. The claimant is entitled to a sum of Rs. 2,45,100/- along with interest at 6% p.a., instead of Rs.1,67,000/- granted by the tribunal, from the date of petition till the date of realization. - 7 - HC-KAR NC: 2025:KHC:38136 MFA No. 9845 of 2018 iv. Respondent No.2 is directed to deposit the amount within one month from the date of this order. v. On such deposit petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 70 CT: BHK