- 1 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 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. 4285 OF 2023 (MV-I) BETWEEN: SRI. SANTHOSH KUMAR. R S/O RAMACHANDRA N, AGED ABOUT 30 YEARS R/AT NO.560,KANAKAPURA MAIN ROAD, SOMANAHALLI, BANGALORE, SOUTH BANGALORE- 560 082. …APPELLANT (BY SRI. ANANDA K.S., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO.LTD., 5TH AND 6TH FLOOR KRUSHI BHAVAN BUILDING HUDSON CIRCLE, BANGALORE - 560 001. 2. SRI G.M. VISHAKANTEGOWDA S/O G M MADEGOWDA, NO.61, 2ND STREET NEAR SCHOOL, KASABA HOBLI, MALAVAHALLI TALUK, GAJANUR, MANDYA DISTRICT. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1, R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.03.2023 PASSED IN MVC NO.4584/2020 ON THE FILE OF THE SMALL CAUSES JUDGE, MEMBER AND MACT, BENGALURU, (SCCH-9), PARTLY Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 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 04.03.2023, passed by the learned Small Causes Judge and MACT., Bengaluru, (SCCH-9) (for short `Tribunal'), in MVC No.4584/2020, seeking enhancement of compensation. 2. The matter is slated for hearing on admission. With the consent of both parties, the matter 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 29.10.2020, at about 10.00 p.m., claimant met with an accident on Kanakapura-Bengaluru road, near Vaishnavi Hotel, Laxmipura Village, kengeri Hobli, Bengaluru due to the rash and negligent driving of Canter bearing - 3 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 registration No.KA-35-A-3819 by its driver. In the said accident, claimant sustained few fractures and other minor injuries. He took treatment as an inpatient 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. 5. The respondent No.1 was the insurer and respondent No.2 was the owner of the offending canter lorry. Respondent No.1 in its written statement denied the contentions of the claim petitioner and also denied its liability to pay the compensation. With these reasons, it prayed to dismiss the claim petition. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. The claimant to prove his case, examined three witnesses as PWs.1 to 3 and marked 19 documents as per Exs.P-1 to P-19. The respondent-Insurance Company - 4 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 examined one witness as RW-1 and marked Exs.R-1 and R-2. 8. The Tribunal after hearing both parties and appreciating the evidence on record, held that the accident occurred due to rash and negligent driving of the offending lorry by its driver. The Tribunal assessed the income of the claimant as Rs.14,500/- per month, disability as 10% to the whole body and awarded the following amount of compensation: Particulars Amount in Rs. Injury, pain and suffering 50,000/- Medical expenses 3,24,408/- Food, and extra nourishment and medical attendant 2,800/- Towards conveyance 10,000/- Loss of income during treatment 29,000/- Loss of future earning 2,95,800/- Deprivation of future amenities 10,000/- Future medical expenses 10,000/- Total 7,32,008/- - 5 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 9. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 10. Learned counsel for the appellant/claimant contended that the Tribunal has not considered the income of the claimant properly; The disability stated by PW-3 was not properly appreciated; The amount of compensation awarded under all the heads are on the lower side; Hence, prayed to enhance the compensation. 11. Learned counsel for respondent No.1-insurer seriously opposed to the contentions of the appellant and 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. 12. Fact of the accident and claimant sustained injuries are not in dispute. Hence, there is no need to reconsider the same. - 6 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 13. The claimant contended that he was earning Rs.33,000/- per month by working as a Security Guard. The Tribunal by the impugned judgment observed that no materials were placed on record and hence notional income of the claimant was assessed. The accident had occurred during the year 2020. Even according to the notional income chart prepared by the Karnataka State Legal Services Authority, the income of the claimant can be taken as Rs.14,500/- per month. Therefore, the finding of the Tribunal in this regard is not erroneous. 14. PW.3-Doctor has stated that the claimant has suffered permanent disability to an extent of 16.66% to the whole body. The disability stated by PW-3 is physical disability and the Tribunal has to assess the functional disability. The fracture of metacarpal bone or zygomatic bone will not affect the earning capacity. Therefore, the Tribunal has considered the functional disability on the basis of fracture of both the bones of left leg and assessed - 7 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 the disability at 10% to the whole body, which also does not call for any interference. Undisputedly, the age of the claimant was 28 years at the time of the accident and multiplier applicable is `17'. 15. On reconsidering the materials, compensation awarded under other heads, 'pain and suffering', `food, nourishment etc.,', `loss of amenities', are on the lower side, which requires to be enhanced. 16. Accordingly, the following amount of compensation is awarded: Particulars Amount in Rs. Pain and suffering 80,000/- Medical expenses 3,24,408/- Attendant expenses, special diet and conveyance 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 17x 10%) 2,95,800/- - 8 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 Loss of amenities 50,000/- Loss of future medical expenses 20,000/- Total 8,67,708/- Amount awarded by the Tribunal Enhancement- Rounded off - 7,32,008/- 1,35,700/- 1,36,000/- 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 the amount awarded towards future medical expenses. 17. 17. Respondent Nos.1 and 2 are jointly and severally liable to pay the said amount of compensation. 18. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 04.03.2023, passed by the learned Judge, Small Causes Court & MACT, Bengaluru, - 9 - HC-KAR NC: 2025:KHC:39906 MFA No. 4285 of 2023 (SCCH-9), in MVC No.4584/2020, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.1,36,000/-, with interest at the rate of 6% p.a., from the date of petition till its 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 award of the Tribunal shall remain unaltered. 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.: 35