- 1 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5490 OF 2024 (MV-I) BETWEEN: SRI VENKATESHA N, S/O NAGARAJAPPA, NOW AGED ABOUT 29 YEARS. RESIDING AT KADIRAPURA VILLAGE, SANTHEKALLAHALLI POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SMT. SUSHMITHA G., ADVOCATE) AND: 1. SRI. N SREENIVASA NAIDU S/O NARAYANASWAMY NAIDU, MAJOR IN AGE, RESIDING AT SREE ANNAPOORNESHWARI NILAYA, ANJANI EXTENSION, CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT - 563 125. 2. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED, 5TH FLOOR, WEST WING, M.G.ROAD, CENTENARY BUILDING, BENGALURU - 560 001, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 REP. BY ITS MANAGER …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FO R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.01.2024 PASSED IN MVC NO.1611/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER AND MACT, BENGALURU, (SCCH-5), 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Ms. Sushmitha.G learned counsel for the appellant who appears through video conference as well as Sri. D.Vijayakumar learned counsel for respondent No.2 who also appears through video conference. 2. This appeal is directed against the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.1611/2022 dated 12.01.2024. - 3 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 3. This is a claimant's appeal. Projecting that he sustained grievous injuries in a road traffic accident and became permanently and completely disabled the appellant filed a petition claiming compensation of Rs.25,00,000/- in total. The tribunal through the impugned order awarded a sum of Rs.4,48,197/- as compensation. Contending that the said sum is grossly low the present appeal is filed. 4. Making her submission, learned counsel for the appellant contents that the appellant sustained grievous injury in a road traffic accident. The appellant who was aged about 27 years by the date of accident was working as mason and was earning more than Rs.20,000/- per month by the date of accident. However, the tribunal took the notional income and disability on lower side and awarded very meager sum as compensation under the head 'loss of future earnings'. Learned counsel contends that the compensation granted under all other heads is also on lower side and therefore the present appeal is - 4 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 filed. Learned counsel also states that the evidence of PW-2 is that the appellant requires one more surgery for removal of implant. However, no amount is awarded for the purpose of future medical expenses and hence the said aspect also needs consideration. Learned counsel thereby seeks for enhancement of compensation. 5. Learned counsel for respondent No.2 on the other hand submits that the tribunal having taken into consideration all the factual aspects, has awarded justifiable sum as compensation. However, in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. 6. By all the evidence produced the appellant succeeded in establishing that he sustained left femoral medial condyle fracture. The evidence of PW-2 is that the disability in respect of the particular limb is 49% and in respect of whole body is 16%. The tribunal having considered the totality of evidence took the disability in - 5 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 respect of whole body as 10% which needs no interference. However, having taken the notional income as Rs.15,500/- per month which figure is not disputed by either side for consideration, without disturbing other parameters, the compensation which the appellant is entitled to under the head loss of future earnings is as under:- Heads Amount in Rs. Notional income 15,500-00 Annual income 1,86,000-00 On applying appropriate multiplier '17' 31,62,000-00 Loss of future earnings - permanent physical disability in respect of whole body being 10% 3,16,200-00 7. The tribunal has awarded a sum of Rs.2,81,948/- only under the said head. Thus, the enhancement would be Rs.34,252/- (Rs.3,16,200/- - Rs.2,81,948/-). 8. Having considered the nature of injury sustained and the treatment taken and also taking into consideration the occupation of the appellant where he clearly projected - 6 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 that he is a mason by profession, this Court is of the view that the appellant could not have attended his profession at least for a period of four months. Thus, the loss of earnings during laid up period comes to Rs.62,000/- (15,500 x 4). But the tribunal awarded a sum of Rs.13,821/- only under the said head. Thus, the enhancement will be Rs.48,179/- (62,000 - 13,821/-). Also considering the nature of injury sustained and the treatment taken, this Court is of the view that the appellant is entitled to a sum of Rs.45,000/- under the head pain and suffering. But the tribunal awarded a sum of Rs.15,000/- only under the said head. Thus, the enhancement will be Rs.30,000/- (45,000 - 15,000). Also the appellant is entitled to a sum of Rs.30,000/- under the head loss of amenities in life. The amount that is awarded by the tribunal under the said head is Rs.15,000/- only. Therefore, the enhancement will be Rs.15,000/- (30,000 - 15,000). The appellant failed to produce any substitute proof with regard to the - 7 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 expenditure he need to incur towards future medical expenses and for removal of implant if any. Therefore, this Court is of the view that the appellant is entitled not more than Rs.10,000/- under the head future medical expenses. Thus, the total sum which the appellant is entitled to in addition to the sum that is granted by the tribunal as compensation is Rs.1,37,431/- (Rs.34,252/- + Rs.48,179/- + Rs.30,000/- + Rs.15,000/- + Rs.10,000/-). Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C. No.1611/2022 dated 12.01.2024 is enhanced by Rs.1,37,431/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of - 8 - HC-KAR NC: 2025:KHC:31048 MFA No. 5490 of 2024 petition till the date of deposit. However, the appellant is not entitled for any interest for the period of delay of 112 days as per the orders in I.A No.1/2024. iv. Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 7 CT: BHK