- 1 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH 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. 5910 OF 2021 (MV-I) BETWEEN: 1. MS PARTHIBA S R D/O T RAMU, AGED ABOUT 28 YEARS, RESIDING AT NO.10, JNANAJYOTHI NAGAR, MALLATHALLI, BENGALURU-560056. …APPELLANT (BY SRI. S R SREEPRASAD., ADVOCATE) AND: 1. SRI RAMESH K H S/O.HUCHEGOWDA, KALKERE, KODAGIHALLI POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT. 2. SBI GENERAL INSURANCE CO.LTD. NO.101, 102, 103, NATARAJ, JUNCTION OF WESTERN EXPRESS, HIGHWAY AND ANDHERI KURLA ROAD, ANDERI(EAST), MUMBAI MAHARASTRA 400069. POLICY NO.TSB/30072233. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R-2; R-1 IS SERVED AND UNREPRESENTED) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2020 PASSED IN MVC NO.5708/2017 ON THE FILE OF THE CHIEF JUDGE, MEMBER, PRINCIPAL MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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) 1. Heard learned counsel for the appellant and learned counsel for the Insurance Company. 2. The appellant-claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal in MVC.No.5708/2017 dated 20.11.2020 whereby, the Tribunal has awarded total compensation of Rs.12,03,000/- with interest at 6% per annum. 3. The brief facts of the case as set out in the claim petition are that, on 24.02.2017, the petitioner was riding - 3 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 pillion on motorcycle bearing Reg.No.KA.02/HP.6679 from Nelamangala to Yediyur. Her brother Prasad was riding the motorcycle. At about 03.00 pm., when they reached near Begur Bridge, NH 75 Road, Kunigal Taluk, at that time, a Car bearing Reg.No.KA.44/7545 came from Hassan side driven by its driver in a rash and negligent manner and dashed against the petitioner's motorcycle. Due to the terrible impact, the petitioner and the rider of the motorcycle sustained grievous injuries. Immediately, she was shifted to Adichunchanagiri Hospital, Bellur Cross wherein she was given first aid and thereafter, she was shifted to Fortis Hospital, Bengaluru wherein she took treatment as an inpatient and spent huge amount towards conveyance and treatment. At the time of accident, the petitioner was aged 24 years and was working as Quality Engineer at Cadres Studec Technologies Private Limited, Bengaluru and getting a salary of Rs.30,000/- per month. The injuries sustained by the petitioner in the accident have caused her permanent disability, due to which, she is unable to continue her - 4 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 avocation and thereby she has suffered loss of future income. 4. Learned counsel Sri S.R.Sreeprasad for the claimant contended that the compensation awarded by the Tribunal is inadequate. The claimant though sustained permanent physical disability at 43%, however, the Tribunal has considered the disability at 14.3%, which is on lower side. The Tribunal ought to have awarded compensation under the head “loss of marriage prospects”. At the time of accident, the claimant’s age was about 24 years and she was unmarried. It is further contended that the claimant was working as a Quality Control Engineer and was earning Rs.30,000/- per month. However, the Tribunal has assessed the income of the claimant at Rs.10,000/- per month, which is on lower side. Further, the Tribunal has not awarded fair and reasonable compensation under “other conventional heads”. Hence, he prayed to allow the appeal. 5. Per contra, learned counsel Sri B.Pradeep for the Insurance Company vehemently contended that, the - 5 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 claimant has not furnished any evidence to substantiate that she was drawing salary of Rs.30,000/- per month. Further, the Tribunal has granted fair and reasonable compensation under all conventional heads. Hence, he prayed to reject the appeal. 6. We have perused the material available on record. Having heard the learned counsels for the parties, the point that would arise for our consideration in this appeal is as under: • Whether the Quantum of compensation awarded by the Tribunal is just and reasonable or does it call for any enhancement? 7. To prove the claim of the appellant, she herself examined as PW.1 and she also got examined doctor as PW.2 and one Chethan Kumar S. as PW.3 and got marked documents as per Ex.P-1 to Ex.P-11. 8. In her evidence, the claimant has reiterated the contents of claim petition, wherein she has stated that in the accident, she sustained grievous injuries and thus, she has undergone (1) Debridement + closed faciotomy + repair of - 6 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 quadriceps muscles, (2) repair of collateral ligament and capsule around patella, (3) evacuation of haematoma + closed faciotomy left foot + multiple drains and (4) left zytomatic maxillary region (with plate and screw fixation). 9. As per Ex.P-4 - the Wound Certificate and Ex.P-6 Case Sheets, it appears that the claimant got - 1. Lacerated wound 30cm x 20 cm x bone deep, exposing underneath tissues, nerves, vessels, 2. CT Brain reveals thin subdural hemorrhage along right frontal region, 3. Falcine Hemorrahage, 4. Small acute inforcts in left himipons, 5. Fracure of left maxillary sinus (Cheek bone) 6. Fracture of left zygomatic bone. 10. Further, the doctor has stated that the claimant has permanent physical disability at 43% to lower limb and the whole body disability at 14.3%. Therefore, the doctor has stated that claimant needs to undergo surgery for correction of deformed left lower limb. Thus considering the oral and documentary evidence and the opinion of the doctor, the - 7 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 Tribunal has considered the disability at 14.3% which is fair and reasonable. Hence, no interference is called for in that regard. 11. The Tribunal has granted a sum of Rs.60,000/- under the head “pain and suffering” which is reasonable and no interference is called for in that regard. 12. Further, the Tribunal has awarded a compensation of Rs.7,10,424/- towards “medical expenses” which is fair and reasonable, hence no interference is called for in that regard. 13. Further, the Tribunal has granted a sum of Rs.30,000/- towards “loss of income during laid up period” considering the income of the claimant at Rs.10,000/- per month, which is fair and reasonable and hence no interference is called for. 14. The accident is of the year 2017. As per the chart prepared by the Karnataka State Legal Service Authority and the High Court Legal Services Committee, Bengaluru, for the accident of the year 2017, the notional income is assessed at Rs.11,000/- per month. So far as the “loss of future income” - 8 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 on account of disability is concerned, the Tribunal has considered the notional income only at Rs.10,000/- per month. As per the chart of the KSLSA and HCLSC, Bengaluru, the appellant was earning Rs.11,000/- per month. Hence, loss of 'future income' is recalculated as follows: Rs.11,000 x 12 x 14% x 18 which comes to Rs.3,32,640/-. 15. The Tribunal has granted compensation of Rs.50,000/- under the head “loss of amenities, life and disfigurement” which is on lower side. Hence, an additional sum of Rs.50,000/- is granted under this head which comes to Rs.1,00,000/- which is fair and reasonable. 16. Futher, the Tribunal has granted a compensation of Rs.25,000/- under the head “future medical expenses” which is on lower side and as per opinion of the doctor under the certificate issued by FORTIS hospital, Bengaluru, the claimant requires Rs.3 lakhs to Rs.5 Lakhs for her surgeries. An additional sum of Rs.75,000/- is granted under this head - 9 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 which comes to total Rs.1,00,000/- which is fair and reasonable. 17. Thus, the claimant is entitled for the following compensation: Sl. No. Nature of Heads Compensation As awarded by the this Court (In Rs.) 1. Pain and suffering 60,000.00 2. Medical Expenses 7,10,424.00 3. Loss of income during the period of treatment 30,000.00 4. Loss of future income on account of disability 3,32,640.00 5. Loss of amenities in life & disfigurement 1,00,000.00 6. Attendant, Conveyance & other miscellaneous expenses 25,000.00 7. Future medical expenses 1,00,000.00 Total 13,58,064.00 Less: Compensation awarded by the Tribunal 12,03,000.00 ENHANCED COMPENSATION 1,55,064.00 - 10 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 18. Accordingly, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 20.11.2020 passed by the Tribunal in MVC.No.5708/2017, is modified to the extent stated hereinabove. iii. The claimant is entitled for total compensation of Rs.13,58,064/- (Rupees Thirteen lakh fifty eight thousand sixty-four only) as against Rs.12,03,000/- awarded by the Tribunal. iv. In so far as liability is concerned, The Insurance Company is directed to deposit the entire compensation together with accrued interest before the Tribunal within a period of six weeks from the date of receipt of a certified copy of this judgment. v. Amount in deposit shall be transferred to the Tribunal, forthwith. - 11 - HC-KAR NC: 2025:KHC:30316-DB MFA No. 5910 of 2021 vi. On deposit of the entire enhanced compensation, the Tribunal is directed to disburse the same in favour of the claimant, on proper identification. vii. No order as to costs. Registry is directed to send back the records along with the copy of this judgment to the Tribunal, forthwith. In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 19