- 1 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8384 OF 2023 (MV- I) BETWEEN: MR SRIKANTH S/O MUNIVENKATARAYAPPA AGED ABOUT 25 YEARS R/O CHENJIMALE BANGARPET KOLAR DISTRICT 563101 …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S UNIVERSAL SOMPO GIC LTD., MOTOR CLAIMS HUB NO. 217/A, 3RD FLOOR KVV SAMRAT, 3RD MAIN OUTER RING ROAD, KASURINAGAR BENGALURU- 560 043 BY ITS MANAGER 2. SRI. BALAKRISHNA N S/O NARAYANASWAMY NO.106, PURPLE WOOD APARTMENT MOTHER TERESA SCHOOL ROAD, ANANDAPURA BENGALURU 560 042 3. M/S BAJAJ ALLIANZ GIC LTD. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 MOTOR CLAIMS HUB, NO.1/2, 4TH FLOOR, NEAR SUJATHA THEATER, 59TH CROSS, 4TH BLOCK, RAJAJINAGAR, BANGALORE- 560010. …RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R1; V/O DT 20/11/2025, NOTICE TO R2 IS D/W; SRI. H.S.LINGARAJ, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023 PASSED IN MVC NO. 4939/2021 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M MEMBER, M.A.C.T., MAYO HALL UNIT, 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 UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 28.03.2023 passed by the V Additional Small Causes Judge and XXIV A.C.M.M., Member M.A.C.T., Mayo Hall, Bengaluru (for short `Tribunal'), in MVC No.4939/2021, seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 2. Though the matter is listed for Orders, with the consent of learned counsels appearing for both the sides, it is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. The brief facts of the case are that, on 27.03.2021 at about 1.30 p.m., petitioner met with an accident on Hosakote-Chinthamani road, due to the rash and negligent driving of a car bearing registration no.KA- 53-MP-6048. As a result, the petitioner sustained grievous injuries and has suffered permanent disability. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation amount of Rs.5,00,000/-. 5. Respondent No.3 filed its written statement denying the contentions of the claim petitioner and also denied its liability to pay the compensation and submits that there is negligence on the part of the petitioner - 4 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 himself for causing accident. With this reason, it prayed to dismiss the claim petition. 6. The claimant to prove his case, has examined 3 witnesses and marked 18 documents Ex.P.1 to Ex.P16, the Respondents have not lead any oral or documentary evidence. 7. From the rival contentions of the parties, the Tribunal framed necessary issues, recorded evidence and appreciated material placed on record and held that accident occurred due to rash and negligent driving by the driver of the offending vehicle and by impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and Sufferings 35,000/- Food and nourishment 4,000/- Conveyance charges 2,000/- Attendant Charges 4,000/- Loss of amenities 14,250/- - 5 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 Loss of income during laid up period 14,250/- Loss of future income 2,46,240/- Medical expenses 18,723/- Total 3,38,463/- 8. The Tribunal awarded a total compensation of Rs.3,39,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation, the claimant is before this Court. 9. Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the trial Court records. 10. The main grievance of the appellant-claimant is that the Tribunal has not appreciated the materials available on record to assess the correct income of the claimant and amount of compensation awarded on the other heads are also on lower side and therefore prays to enhance the compensation. - 6 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 11. The learned counsel for the respondents especially respondent No.3 contended that amount of compensation awarded by the Tribunal is Just and proper and does not call for any interference. 12. Fact of the accident and nature of injuries sustained by the claimant are not in dispute and therefore, there is no need for reconsidering the same. 13. On appreciation of the materials on record the amount of compensation awarded by the Tribunal is on the lower side. 14. Claimant has contended that he was earning Rs.30,000/- per month. He was unable to prove it. Hence, the Tribunal has taken notional income as Rs.14,250/- per month. Comparing to the chart prepared by the Karnataka Legal Services Authority it is on the lower side. Following the said chart the notional income of the claimant is taken as Rs.15,000/- per month. There is no dispute - 7 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 with regard to the remaining factors. On that basis of loss of future earning capacity due to permanent disability and loss of income during laid up period are re-calculated. 15. The claimant sustained fracture of right clavicle bone. Due to the said fracture it might not be possible to the claimant to work as a coolie for 2 to 3 months and thus lost his earnings during that period. 16. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 40,000/- Medical expenses 18,723/- Attendant expenses, special diet and conveyance charges 20,000/- Loss of income during laid up period (Rs.15,000/- x 2 months) 30,000/- Loss of income due to permanent disability (Rs. 15,000 x 12 x 18 x 8%) 2,59,200/- Loss of amenities 25,000/- - 8 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 Total 3,92,923/- Amount awarded by the Tribunal Enhancement- Rounded off - 3,39,000/- 53,923/- 54,000/- 17. The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation excluding delayed period of 170 days in filing the appeal. 18. Respondent No.3 is liable to pay the said amount of compensation. 19. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 28.03.2023 passed by the V Additional Small Causes Judge and XXIV A.C.M.M., Member M.A.C.T., Mayo Hall, Bengaluru in MVC No.4939/2021 stands modified; - 9 - HC-KAR NC: 2025:KHC:47970 MFA No. 8384 of 2023 iii) The claimant is entitled to enhanced compensation of Rs.54,000/- with interest at the rate of 6% p.a., from the date of petition till its realization, excluding the delayed period of 170 days, in filing the appeal. iv) The respondent No.3-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 shall remain unaltered. vi) Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimant on due identification. 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 HR