- 1 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5865 OF 2019 (MV-I) BETWEEN: MR. SYED RAFFIQ S/O SYED NISAR, AGED ABOUT 24 YEARS R/AT NO.338, 4TH CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079 …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO LTD TP CLAIMS HUB, BY ITS MANAGER, 5TH AND 6TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU - 560 002 2. MR. VENKATESH S S/O SRINIVASAMURTHY, R/AT SRI. LAKSHMIDEVI NILAYA, NO.1508, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 SRINIVASANAGAR, VIJAYANAGAR, BENGALURU - 560 072 …RESPONDENTS (BY SRI. NIKHIL J., ADVOCATE FOR, SMT. GEETHARAJ, ADVOCATE FOR R1, SRI. VASANTH RAJ, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.02.2019 PASSED IN M.V.C.NO.4753/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES & MEMBER, MACCT, BENGALURU [SCCH-21], 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 MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 25.02.2019 passed in MVC No.4753/2018 by the XVII Additional Judge, Court of Small Causes & Member, MACT, Mayo Hall Unit, Bengaluru (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation. 2. The injured claimant, aged 23 years met with an accident on 06.08.2018 and subsequently filed a claim petition before the Tribunal seeking compensation of Rs.25,00,000/-. The Tribunal after considering the entire evidence on record, awarded a sum of Rs.9,76,471/- (excluding future medical expenses of Rs.50,000/-) with interest at the rate of 6% per annum from the date of petition till realization. Being aggrieved by the said award, the appellant has preferred the present appeal. - 4 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 3. Heard the arguments of both parties and perused the records. 4. It is contended that the petitioner/appellant sustained grievous injuries and the amount awarded under the head of 'pain and suffering' is meager. He incurred medical expenses of Rs.5,00,000/- but the Tribunal has granted only Rs.3,93,271/-. He was hospitalized for four days and even after discharge, he was advised to take rest. However, the Tribunal has awarded only Rs.10,000/- towards nourishment, conveyance and attendant charges, which is inadequate. Petitioner is aged about 22 years and had completed his B.E. and was offered employment at Access6 Technologies, Bengaluru, with a salary of Rs.1,80,000/- per annum. However, the Tribunal considered his monthly income as Rs.13,000/-, which is on the lower side, since the accident has occurred in the year 2018. PW-2 assessed the permanent disability at 15% to the whole body and PW-4 assessed it as 30%. But the Tribunal has taken only 15% disability. The petitioner - 5 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 suffered facial disfigurement and he is unable to continue with his job and eventually resigned it. It is submitted that the disability should be treated as 100% for 'loss of earning capacity' and the compensation be modified. He is unmarried and also lost his teeth, but no amount was awarded towards 'loss of marriage prospects'. Hence, he seeks enhancement of compensation. 5. It is further stated that petitioner/appellant was aged 22 years was working as an engineer in a private company. The appointment letter marked as Ex.P.17, shows his salary details. As per the appointment letter, he was entitled to an amount of Rs.2,00,000/- during the probation period. 6. The Tribunal considered his income as Rs.13,000/- per month this Court finds no reason to interfere with the said finding of the Tribunal. 7. Learned counsel for the appellant mainly contended that PW.4 assessed the disability at 30%, which - 6 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 the Tribunal failed to consider. In rebuttal, learned counsel for respondent No.1 relied upon the cross-examination of PW.4, during which, he stated that the disability was assessed as per the American Medical Association Guidelines. However, he admitted that he was unaware whether these guidelines are approved by the Indian Medical Association and he did not produce the said guidelines before the Court. He further stated that the petitioner/appellant did not produce any documents regarding need of future surgery and based on this, the learned counsel submitted that the Tribunal rightly did not consider the disability related to the loss of tooth. However, PW-2 stated that due to the fracture of both walls of maxillary sinus, the petitioner finds it difficult to chew hard food and consume hot and cold beverages. Photographs marked as Ex.P.15 were produced and it was also stated that the petitioner has suffered facial disfigurement. - 7 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 8. The amount calculated towards loss of future earning due to disability is Rs.4,21,200/- (13,000 x 12 x 18 x 15%) and this requires no interference. 9. There is no dispute regarding the medical expenses granted sum of Rs.3,93,271/- as it holds good. 10. This Court finds it reasonable to uphold the amount awarded towards 'pain and suffering' as well as 'future medical expenses'. 11. The amount granted under the heads of conveyance, food and nourishment, attendant charges and other incidental expenses is hereby enhanced from Rs.10,000/- to Rs.30,000/-. 12. The compensation awarded towards 'loss of income during laid-up period' requires no interference. 13. The amount awarded under the head of 'loss of amenities' and 'loss of marriage prospects' is enhanced to Rs.1,00,000/-. - 8 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 14. Thus, the claimant is entitled to the following compensation: Compensation under different heads Amount in (Rs.) Loss of future earnings due to disability 4,21,200/- Medical expenses 3,93,271/- Future medical expenses 50,000/- Pain and suffering 50,000/- Conveyance, food and nourishment, attendant charges and other incidental expenses 30,000/- Loss of income during laid up period 52,000/- Loss of amenities and loss of marriage prospects 1,00,000/- Total 10,96,471/- 15. Hence, the compensation is enhanced from Rs.10,26,471/- to Rs.10,96,471/- along with interest at the rate of 6% p.a. 16. In the result, the following order is passed: - 9 - HC-KAR NC: 2025:KHC:37494 MFA No. 5865 of 2019 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 25.02.2019 passed in MVC No.4753/2018 on the XVII Additional Judge, Court of Small Causes & Member, MACT, Mayo Hall Unit, Bengaluru, is hereby modified. iii. Respondent No.1 is directed to deposit Rs.10,96,471/- along with the interest at the rate of 6% per annum. iv. On such deposit of the amount appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 21