- 1 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7050 OF 2023 (MV-I) BETWEEN: SRI. B.M. NATESH S/O MARIGOWDA B.C. AGED ABOUT 42 YEARS, R/AT NO.203, BHAGYAMMA BUILDING, 5TH MAIN, 6TH CROSS, KRISHNA LAYOUT, NEAR KATHIKA TAILOR DEVARA CHIKKANAHALLI, BANNERUGHATTA ROAD, NATIVE OF BEECHAMARANAHALLI SHANTHIGRAMA HOBLI, HASSAN TALUK AND DIST - 576 221. …APPELLANT (BY SRI. M.V.MAHESWARAPPA, ADVOCATE) AND: 1. SRI B.S CHANDRASHETTY S/O SWAMY SHETTY AGED ABOUT 48 YEARS, R/O BYCHANAHALLI VILLAGE, ARAKALAGUDU TALUK, HASSAN DISTRICT - 576 221. 2. SMT. PRATHEEMA W/O VINCENT AGED ABOUT 39 YEARS, R/AT MARKET ROAD, SHANTHI NAGAR, CHIKKAMAGALURU TOWN - 577 101. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 3. THE REGIONAL MANAGER M/S UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE (RO) KRUSHI BHAVAN, HUBA: 5TH AND 6TH FLOOR NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560 001. …RESPONDENTS (BY SRI.BHUVAN, ADVOCATE FOR SRI.B.C. SEETARAMA RAO, ADVOCATE FOR R3, VIDE ORDER DATED 13.02.2025, NOTICE TO R1 AND R2 IS DISPENSED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.02.2023 PASSED IN MVC NO.3424/2020 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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 challenging the judgment and award dated 02.02.2023 passed by the Member, MACT, XVIII Addl.Judge, Court of Small Causes, Bengaluru (for short `Tribunal'), in MVC No.3424/2020 seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 2. Though appeal is slated for admission, with consent of learned advocates appearing for both the sides, 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 9.5.2020, at about 8.00 p.m., the claimant was proceeding on his motor cycle bearing registration no. KA-51-EJ-6479, from Bengaluru side near Surappanahalli village, Kuduru Hobli, Magadi Taluk on NH-75. He met with an accident by a motor cycle bearing registration No.KA-13-R-6815 driven by its rider in a rash and negligent manner. As a result, claimant sustained grievous injuries. He has 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 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 5. The respondent Nos.1 and 2 are the owners and respondent No.3 was the insurer of the offending motor cycle. Respondent Nos.1 and 2 remained ex parte before the Tribunal. Respondent No.3 filed its written statement denied petition averments 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 3 witnesses as PW-1 to PW-3 and marked 19 documents, as per Exs.P-1 to P-19. Respondent No.2 has not lead any oral or documentary evidence. 8. The Tribunal after hearing both parties and appreciating the evidence on record, held that accident occurred due to negligence of rider of the offending motor cycle and by the impugned judgment, awarded the following amount of compensation: - 5 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 Particulars Amount in Rs. Loss of future income 3,91,500 Loss of income during the laid up period and attendant charges 28,980 Conveyance charges 10,000 Pain and sufferings 80,000 Food, nourishment, attendant charges and loss of amenities 50,000 Medical bills 43,847 Future medical expenses and incidental charges 50,000 Total 6,54,327 Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 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 compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other - 6 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 heads are also on the lower side. Hence, prayed for enhancement of the compensation. 11. Learned counsel for respondent No.1-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. 12. Fact of the accident is not in dispute. The Tribunal after appreciating the evidence on record, held that the accident occurred due to the negligence of driver of the offending motor cycle, which is not in dispute by either side. Hence, there is no need to reconsider the same. 13. The claimant contended that he was earning Rs.20,000/-per month. He has produced salary certificate but he did not examine the author of the document, therefore, the Tribunal held that it was not proved and the Tribunal assessed his income by following the notional income chart prepared by the Karnataka State Legal Services Authority. The said findings do not call for any interference. - 7 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 The age of the claimant was 39 years, and the multiplier applied by the Tribunal is '15', which do not call for interference. 14. On re-appreciating of the materials placed on record, the amount of compensation awarded under the head 'loss of income during laid up period' and 'Food, nourishment, attendant charges' and 'loss of amenities' are on the lower side. He sustained fracture of clevical as well as right tibia and fibula. Looking at the occupation it might be not be possible for him to attend the work atleast for a period of four months. The claimant had sustained permanent disability of 15% as assessed by the Tribunal. He has lost some of the amenities available to a healthy person. Therefore, amount of compensation awarded is on the lower side, which needs enhancement. 15. For the aforesaid discussions, the claimant is entitled to following amount of compensation : - 8 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 Particulars Amount in Rs. Pain and suffering 80,000 Medical expenses 43,847 Food, nourishment, Attendant expenses, special diet and loss of amenities 80,000 Conveyance expenses 10,000 Loss of income during laid up period (Rs.14,500x4) 58,000 Loss of income due to permanent disability (Rs.14,500x12 x 15 x 15%) 3,91,500 Future medical expenses 50,000 Total 7,13,347 Amount awarded by the Tribunal Enhancement- Rounded off - 6,54,327 59,020 59,000 The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation. 16. Respondent Nos.3 is liable to pay the said amount of compensation. - 9 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 17. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 02.02.2023 passed by the Member, MACT, XVIII Addl.Judge, Court of Small Causes, Bengaluru, in MVC No.3424/2020, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.59,000/- with interest at the rate of 6% p.a., from the date of petition till its realization. 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. - 10 - HC-KAR NC: 2025:KHC:47740 MFA No. 7050 of 2023 Registry is directed to send copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 36