- 1 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6117 OF 2024(MV-I) BETWEEN: SRI. KUMAR K., S/O. KASHINATH, AGED ABOUT 51 YEARS, R/O.NO.1533, 2ND CROSS, SRINIVASANAGARA, NAGARBHAVI BENGALURU NORTH , BENGALURU-560 072. …APPELLANT (BY SRI. HARISH N.R., ADVOCATE) AND: THE MANAGING DIRECTOR BMTC, K.H. DOUBLE ROAD, SHANTHINAGAR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 BENGALURU-560 027. …RESPONDENT (BY SRI. D VIJAYAKUMAR, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.05.2024 PASSED IN MVC NO.2343/2022 ON THE FILE OF THE IV ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-6, 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:37332 MFA No. 6117 of 2024 ORAL JUDGMENT Heard Sri.Harish.N.R learned counsel for the appellant who appears before this court physically as well as Sri.D.Vijayakumar 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. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.2343/2022 dated 23.05.2024. This is a claimant's appeal. This appeal is filed projecting that the compensation that is granted by the Tribunal is grossly low. 3. As against the claim for ₹70,00,000/- in total, the Tribunal through the impugned order awarded a sum of ₹9,64,626/- as compensation. - 4 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 4. Arguing the matter, learned counsel for the appellant states that the appellant is only aggrieved by the sum that is awarded as compensation under the heads loss of future earnings and loss of income during laid up period. Learned counsel submits that considering the evidence of PW3, the disability in respect of whole body is required to be taken as 20%. 5. Vehemently opposing the submission thus made, learned counsel for the respondent submits that the Tribunal, taking into consideration the totality of evidence produced, awarded huge sum as compensation. Learned counsel states that the compensation granted under the head pain and suffering i.e., ₹1,00,000/- and the compensation granted under the head attendant, nourishment and conveyance charges i.e., ₹40,000/- and towards loss of future amenities and happiness i.e., ₹40,000/- are on higher side. - 5 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 6. The version of the appellant as borne by record is that he was earning ₹15,000/- per month as driver by the date of accident. However, for the purpose of calculating compensation under the head loss of future earnings and loss of income during laid up period the Tribunal took the income of the appellant as ₹15,500/- per month. So far as the assessment of disability is concerned, subjecting the evidence of PW3 to scrutiny, the Tribunal took the disability in respect of whole body as 15% which is justifiable. However, having considered the fact that the appellant sustained contusion over left temporal region, right frontal extra dural hematoma, left cerebral sub-dural hematoma and fracture of left temporal bone and that he was kept under mechanical ventilation in ICU during the course of treatment, this Court is of the view that the appellant would not have attended his normal pursuits atleast for a period of eight months. However, the Tribunal granted compensation towards loss of income during laid up period for a period of six months only. Also considering - 6 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 the amount granted as compensation under each head, this Court is of the view that globally the appellant is entitled to an additional sum of ₹50,000/-. 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 Bengaluru through Orders in MVC No.2343/2022 dated 23.05.2024 is enhanced by ₹50,000/-. (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. - 7 - HC-KAR NC: 2025:KHC:37332 MFA No. 6117 of 2024 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 71