- 1 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3589 OF 2022 (MV-I) BETWEEN: MR. K.B. MANJUNATHA S/O. K.M. BEERANNA, AGED ABOUT 37 YEARS, R/O. BEERESHWARA NILAYA, 2ND MAIN, 1ST CROSS, WARD NO.5, NEAR MAHESHWARI TEMPLE, KURUBARAPETE, KOLAR-563 101. …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S. UNITED INDIA INS.CO.LTD., MOTOR CLAIMS HUB, NO.18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001. BY ITS MANAGER. 2. M/S.NAGABHUSHANACHARI S/O.NATARAJACHARI, NO.45,WARD-4, OPP.PATHY HOSPITAL, PRASHANTHNAGARA, CHIKKABALLAPUR-562 101. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1, R2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.01.2021 PASSED IN MVC NO.7541/2019 ON THE FILE OF THE Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 XV ADDITIONAL SMALL CAUSES JUDGE, XIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19), 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 MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 30th January 2021, passed by the XV Addl.Small Causes Judge and M.A.C.T., Benglauru (SCCH-19), (for short `Tribunal'), in MVC No.7541/2019, seeking enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 04.08.2019, at about 4.00 p.m., claimant was riding his motorcycle bearing registration No.KA-07-R-4006 on Bangarpete-Kolar road. Near Dodda Hasala village gate, Kolar Taluk, he met with an accident due to rash and negligent driving of Omni car bearing registration - 3 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 No.KA-40-M-2083. As a result, claimant sustained fractures of left and right humerus, fracture of 5th, 6th, 8th, 9th and 10th ribs and fracture of bilateral nasal bones and frontal process of left maxilla with head injuries. He took treatment as an inpatient in the hospital and spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has suffered permanent disability. With these reasons, the claimant has prayed for awarding of compensation. 4. The respondent No.1 was the insurer and respondent No.2 was the owner of the offending car. Respondent No.2 remained ex parte before the Tribunal. Respondent No.1 in its written statement denied the petition averments and denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petition. 5. The Tribunal after considering the pleadings of the parties, framed necessary issues, recorded the evidence of - 4 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 the parties and after hearing the arguments and appreciating the evidence on record, awarded the following amount of compensation: Particulars Amount in Rs. Pain and suffering 80,000/- Medical expenses 5,10,180/- Transportation, nourishment, conveyance, attendant charges 20,000/- Loss of future income due to permanent disability 4,41,600/- Future medical expenses 30,000/- Loss of amenities 20,000/- Total Rounded off - 11,01,780/- 11,02,000/- 6. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 7. Learned counsel for the appellant/claimant contended that claimant was an employee, earning Rs.20,000/- per month; He was aged about 34 years at the time of the accident; The compensation awarded - 5 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 under the head `pain and suffering' is on the lower side; Even the amount of compensation awarded under other heads are also on the lower side; According to PW-2 doctor, claimant has suffered permanent disability at 28% to the whole body, but the Tribunal has taken it as 23%, which is on the lower side; The Tribunal has not awarded the compensation under the head `loss of income during laid up period. Therefore, prayed to enhance the same. 8. Learned counsel for respondent No.2-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 9. The fact of the accident and the injuries suffered by the claimant are not in dispute. Looking at the materials available on record, the amount of compensation awarded by the Tribunal is inadequate on all the heads, - 6 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 except medical expenses and future medical expenses. Claimant has suffered fracture injuries of both humerus and fracture of 5th, 6th, 8th, 9th and 10th ribs and fracture of bilateral nasal bones and frontal process of left maxilla with head injuries. According to the evidence of PW-2, claimant has suffered permanent disability to right arm to an extent of 48% and left arm to an extent of 38% and disability to the whole body at 28%. But, the Tribunal has taken the disability at 23%, which is on the lower side and the same is taken as 25% since claimant is suffering from segmental fracture of left humerus with radial nerve palsy. 10. The Tribunal has taken the income of the claimant at Rs.10,000/- per month since it has disbelieved the evidence led by the claimant in this regard. Following the notional income chart prepared by the Karnataka State Legal Services Authority, the income of the claimant is taken as Rs.14,000/- per month. The Tribunal has applied the multiplier of `16' as the claimant was aged 34 years. The same factor is considered for calculating the - 7 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 compensation under the head `loss of future earnings due to permanent disability'. 11. The Tribunal has not awarded any amount of compensation towards loss of income during laid up period. The amount of compensation under the head `loss of amenities' is also on the lower side. Since fracture of ribs, nasal bone do not lead to any permanent disability affecting the earning capacity, therefore, the same shall be considered while awarding compensation under the head `loss of amenities. 12. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 1,25,000/- Medical expenses 5,10,180/- Attendant expenses, special diet and conveyance charges 30,000/- Loss of income during laid up period (Rs.14,000/- x 3 months) 42,000/- - 8 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 Loss of income due to permanent disability (Rs.14,000/- x 12 x 16 x 25%) 6,72,000/- Loss of amenities 50,000/- Future medical expenses 40,000/- Total 14,69,180/- Amount awarded by the Tribunal Enhancement- 11,01,780/- 3,67,400/- The claimant is also entitled to interest on the enhanced amount at the rate of 6% p.a. from the date of petition till its realisation. 13. Undisputedly, the respondent Nos.1 and 2 are jointly and severally liable to pay the said amount of compensation. 14. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 30th January 2021, passed by the XV Addl.Small Causes Judge and M.A.C.T., Bengaluru - 9 - HC-KAR NC: 2025:KHC:49368 MFA No. 3589 of 2022 (SCCH-19), in MVC No.7541/2019, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.3,67,400/-, with interest at the rate of 6% p.a., from the date of petition till the date of realization, excluding the amount awarded towards future medical expenses. 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 judgment and award is not disturbed. vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE bk : List No.: 1 Sl No.: 47