- 1 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8481 OF 2022 (MV-I) BETWEEN: MR.PRAKASH SHAHI S/O DHIR BAHADUR SHAHI AGED ABOUT 30 YEARS, R/AT NO. 1471/2, KPT VIJAYA HARAMANI APARTMENTS, SHAMPURA MAIN ROAD, PETROL BUNK, BANGALORE- 560 032. …APPELLANT (BY SRI. SHANKAR PRASAD M B., ADVOCATE) AND: 1. THE MANAGER HDFC ERGO GENERAL INS CO LTD., NO. 25/1, 2nd FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING, M.G ROAD, BANGALORE- 01 2. SHRI MURUGAN S/O CHINNAMAN 1st CROSS, SWATHANTRANAGAR, VIRGONAGAR, BASAVANAPURA MAIN ROAD, BANGALORE EAST- 560 049. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY, ADVOCATE FOR SRI.B.PRADEEP., ADVOCATE FOR R1; V/O DTD 08.02.2023 NOTICE TO R2 IS D/W) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.09.2022 PASSED IN MVC NO.3670/2020 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-23) 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 MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 06th September 2022, passed by the XXI Additional Small Cause Judge and ACMM, Member, MACT, Bengaluru, (SCCH-23), (for short `Tribunal'), in MVC No.3670/2020, seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 3. The brief facts of the case are that, on 17.10.2020, at about 07.45 p.m., the claimant met with an accident at Hoodi junction, Whitefield Main Road, Bengaluru, due to rash and negligent driving of a lorry bearing registration No.KA-17-9685 by its driver. As a result, he sustained fractures of both the bones of his left leg and other injuries. Due to the injuries sustained in the accident, he has suffered permanent disability. He has spent substantial amount towards medical expenses. With these reasons, he prayed to award compensation of Rs.15,00,000/-. 4. Respondent No.1 is the insurer and respondent No.2 is the owner of the offending vehicle. Respondent Nos.1 and 2 filed written statement denying the contents of the claim petition and respondent No.1 denied its liability to pay the compensation. With these reasons, both the respondents prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. - 4 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 6. The claimant to prove his case examined two witnesses as PW-1 and PW-2 and marked 13 documents, as per Exs.P-1 to P-13. Respondents have not led any oral and documentary evidence. 7. The Tribunal recorded the evidence and after hearing the arguments, held that the accident occurred due to rash and negligent driving of a lorry by its driver. The Tribunal assessed income of the claimant as Rs.11,000/- per month, disability as 11% and awarded the following amount of compensation: Particulars Amount in Rs. Attendant charges, extra nutritious food and conveyance charges 18,000/- Pain and suffering 70,000/- Loss of income during laid-up period 55,000/- Medical expenses 1,20,000/- Loss of future income due to disability 2,47,000/- Loss of future amenities and happiness 50,000/- Future medical expenses 30,000/- Total 5,90,000/- - 5 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 8. Being dissatisfied with the award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 9. I have heard the arguments. 10. The fact of the accident and injuries sustained by the claimant are not in dispute. Respondents have not filed any appeal against the impugned judgment and award. The main contention of the appellant is that the Tribunal has not considered the income of the claimant properly. The disability assessed by the Tribunal is on the lower side and the amount of compensation awarded under all the heads is also on the lower side. Therefore, prayed for enhancement of compensation. 11. Learned counsel for respondent No.1-insurer has stated that the Tribunal has awarded just and fair amount of compensation. It does not call for any interference by this Court. - 6 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 12. The accident occurred during the year 2020. The contention of the appellant is that he was working as a Sales Executive in Swiggy and was earning Rs.40,000/- p.m. Except self-service statement of PW-1, there are no materials to substantiate the same. Therefore, the Tribunal has assessed the notional income of the claimant. However, the income taken by the Tribunal appears to be on the lower side. By following the chart prepared by the Karnataka State Legal Services Authority, the notional income of the claimant is taken as Rs.14,500/- per month. 13. The claimant examined PW-2, who assessed the disability of the claimant's left lower limb at 36% and whole body at 18%. The Tribunal in the impugned judgment has taken the disability at 11%. As per the ALAMCO Manual on comparative to the whole body, the said disability would be 1/3rd. Therefore, the Tribunal ought to have assessed 12% disability to the whole body. The Tribunal has applied proper multiplier for assessment of the compensation under the head 'loss of future earning capacity due to disability'. However, the amount of compensation awarded under the heads of special - 7 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 diet, conveyance and attendant charges etc., is on the lower side. In view of recalculation of the income of the claimant at Rs.14,500/-, the compensation awarded by the Tribunal under the heads 'loss of income during laid up period' and 'loss of future income' requires recalculation. Accordingly, the claimant is entitled to following amount of compensation: Particulars Amount in Rs. Pain and sufferings 70,000/- Medical expenses 1,20,000/- Special diet, conveyance and attendant charges 25,000/- Loss of income during laid up period (Rs.14,500/- x 5) 72,500/- Loss of future earning capacity due to permanent disability (Rs.14,500/- x 12 x 17 x 12%) 3,54,960/- Loss of amenities 50,000/- Future medical expenses 30,000/- Total 7,22,460/- Amount awarded by the Tribunal Enhancement- Rounded off- 5,90,000/- 1,32,460/- 1,33,000/- - 8 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 14. The claimant is also entitled to interest at rate of 6% per annum on the enhanced amount from the date of claim petition till its realisation. Undisputedly, respondents are liable to pay the same. 15. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 06th September 2022, passed in MVC.No.3670/2020, by the XXI Additional Small Cause Judge and ACMM, Member, MACT, Bengaluru, (SCCH-23), stands modified. iii) The claimant is entitled to enhanced compensation of Rs.1,33,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The respondent No.1 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award of the Tribunal is not disturbed. - 9 - HC-KAR NC: 2025:KHC:39929 MFA No. 8481 of 2022 vi) Draw award accordingly. Registry is directed to send the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 32