- 1 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 5508 OF 2018 (MV-I) BETWEEN: SRI. LAKSHMIPATHI, S/O. NAGARAJU, AGED ABOUT 28 YEARS, R/AT KAMBALAPURA VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, PIN 860014. SINCE PETITIONER IS HAVING MEMORY DISTURBANCE REPRESENTED BY HIS MOTHER AND GUARDIAN SMT. JAYALAKSHMI, W/O. NAGARAJU, AGED ABOUT 42 YEARS, R/AT KAMBALAPURA VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT, PIN 860014 …APPELLANT (BY SRI. K.T.GURUDEV PRASAD, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE , BENGALURU - 560027. BY ITS MANAGER. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 2. WG.CDR VIJAY GHANWAT, S/O. PRALHAD GHANWAT, NO.918/3, OFFICERS ENCLAVE, AIRFORCE STATION, JALAHALLI, BENGALURU - 560014. …RESPONDENTS (BY SRI. NAGARAJAIAH K., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DATED 01.08.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05/12/2017, PASSED IN MVC NO.1940/2016, ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM., MEMBER, MACT, MAYO HALL UNIT, (SCCH-20), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. The appellant-claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award passed by the V Additional Small - 3 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 Causes Judge and Member, MACT (for short, Tribunal) in MVC.No.1940/2016 dated 05.12.2017. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are that, on 16.01.2016, when the petitioner Sri Lakshmipathi (hereinafter referred to as 'injured') was riding the motor cycle bearing Reg.No.KA- 04-HK-2478 on left side of the SM road near Gangamma circle, Bangalore, at that time, the driver of car bearing Reg.No.HR-01-P-6721 came in a rash and negligent manner with high speed and dashed against motor cycle. Due to the said impact, the claimant fell down and sustained grievous injuries. Immediately after the accident, the petitioner was shifted to M.S.Ramaiah Hospital, Bengaluru, wherein he got admitted as an inpatient and underwent operation for brain surgery, craniotomy and cranioplasty and bone from the skull is removed and subsequently right D-compressive - 4 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 craniotomy was done and treated for other injuries. This led to registration of FIR and investigation. Thus, the appellant had filed claim petition before the Tribunal, same was allowed in part. Hence, the appellant is before this court. 5. Sri K.T. Gurudev Prasad, learned counsel for the appellant vehemently contended that the claimant sustained head injury and he was admitted to M.S.Ramaiah Hospital, Bengaluru, wherein he got admitted as an inpatient and underwent operation for brain and incurred medical expenses for more than Rs.3,00,000/- However, the Tribunal has awarded a sum of Rs.2,24,323 towards 'Medical expenses' of the injured, which is on meager side. 6. Secondly, as on the date of accident, the appellant- claimant was aged about 25 years and was working as a contract labour and earning Rs.10,000/- per month. However, the Tribunal has assessed the monthly income of - 5 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 the injured at Rs.8,000/- per month, which is on lower side. 7. Thirdly, the Tribunal has considered the permanent physical disability at 50%, though the doctor had assessed the functional disability of the claimant at 100%. Hence, he prays to allow the appeal. 8. Sri K. Nagarajaiah, learned counsel for the Insurance Company vehemently contended that the Tribunal has considered the oral and documentary evidence on record and granted a fair and reasonable compensation. Further, he contended that the Tribunal has awarded interest at the rate of 9% per annum which is high and an exorbitant one and the same has to be reduced to 6% per annum. 9. We have perused the material available on record. Having heard the learned counsels for both the parties, the point that would arise for our consideration in the appeal is: - 6 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 10. To prove the claim of the appellant, he got examined his mother Smt. Jayalakshmi as PW.1, Smt. Padma, the Hospital Authority (medical record keeper) as PW.2 and Dr.Kiran Khanapure who issued the Disability Certificate, as PW.3 and documents were marked as per Ex.P1 to Ex.P27. 11. As per the medical certificate and the Discharge Summary, soon after the accident, the appellant got admitted to M.S.Ramaiah Hospital, Bengaluru, as an inpatient and underwent operation for brain, craniotomy and cranioplasty and bone from the skull is removed and subsequently right D-compressive craniotomy was done and he was treated for other injuries. In this regard, the Doctor issued Disability Certificate considering the functional physical disability at 100%, but the Tribunal has assessed the permanent physical disability of the claimant - 7 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 at 50%, which is on lower side. A permanent physical disability is a long lasting or irreversible impairment of physical function due to injury, illness, or genetic condition which substantially limits a person's mobility, dexterity or stamina and affects their ability to perform essential daily activities. The condition of appellant requires ongoing support and care, and the appellant is often unable to work. The brain injury can result in severe and lasting physical, cognitive and behavioral changes. Thus need for assistance. 12. Considering the nature of the injuries and disability suffered by the claimant, we enhance the rate of disability of the injured to 60% from 50%, which is fair and reasonable one. 13. The Tribunal has considered the notional income of the claimant at Rs.8,000/- per month which is on the meager side. The accident is of the year 2016 and no documentary evidence is placed on record, to prove the - 8 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 income of the claimant in that regard. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority and the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the income of the claimant at Rs.9,500/- per month. 14. The claimant was aged about 25 years at the time of accident. The appellant - Insurance Company has not disputed this aspect. Hence, the appropriate multiplier applicable for the age group of the claimant-injured is '18'. Hence, 'loss of future income' is reassessed as under: Rs.9,500 x 12 x 18 x 60% = Rs.12,31,200/- 15. The Tribunal has awarded a sum of Rs.75,000/- under the head 'Pain and sufferings'. Considering the nature of injuries sustained by the claimant-appellant, we further grant a sum of Rs.25,000/- under this head, hence, the claimant in all is entitled for Rs.1,00,000/- - 9 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 under the head 'Pain and sufferings', which is fair and reasonable one. 16. The Tribunal has awarded a sum of Rs.2,24,323/- under the head 'Medical expenses' which is a fair and reasonable one. 17. The Tribunal has awarded a sum of Rs.10,000/- under the head 'Nourishment and attendant charges', and Rs.10,000/- under the head 'Conveyance allowance' which are also on lower side. Hence, we further enhance a sum of Rs.10,000/- under these heads. Thus, in all the claimant is entitled to Rs.30,000/- under the head "Food Nourishment, attendant charges and Conveyance". 18. Further, the Tribunal has awarded a sum of Rs.45,000/- under the head 'Loss of marriage prospects', which is on lower side, hence, we enhance the said sum to Rs.1,00,000/- from Rs.45,000/-, which is fair and reasonable one. - 10 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 19. The Tribunal has not awarded any compensation under the head 'Loss of amenities'. Considering the nature of injuries sustained by the claimant, loss of happiness and enjoyment in life, loss of physical capacity or access to enjoyable activities, we grant a sum of Rs.50,000/- under this head. 20. Further, the Tribunal has not granted any compensation under the head 'Future medical expenses'. Since the claimant is suffering from brain injury and considering the fact that, he may require further medication, we grant a sum of Rs.1,00,000/- under the head 'Future medical expenses'. 21. The Tribunal has not granted any compensation under the head 'loss of income during laid-up period'. It refers to the financial earnings of the claimant who sustained loss, as he was unable to work for a designated period due to injuries. Considering the nature of the injuries sustained by the claimant and the period of - 11 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 treatment he undergone and rest for a period of six months, we grant a sum of Rs.57,000/- (Rs.9,500 x 6) under this head by taking into consideration of the notional income of the claimant. 22. Insofar as interest is concerned, the Tribunal has awarded interest at 9% per annum which is on higher side and exorbitant one. In view of the ratio laid down in the interest in the case of M/s. JOYEETA BOSE vs. VENKATESHAN V in MFA.No.5896/2018 and connected cases disposed of on 24.08.2020 and section 34 of Code of Civil Procedure 1908, we are reducing the interest rate from 9% to 6% per annum, which is fair and reasonable one. 23. Thus, the claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 1,00,000 Medical expenses 2,24,323 Nourishment and attendant charges, Conveyance allowance 30,000 - 12 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 Loss of future income 12,31,200 Future medical expenses 1,00,000 Loss of amenities 50,000 Loss of marriage prospects 1,00,000 Loss of income during laid-up period 57,000 TOTAL 18,92,523 Less: Compensation awarded by the Tribunal 12,28,353 ENHANCED COMPENSATION 6,64,170 24. Accordingly, we pass the following O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 05.12.2017 passed by the Tribunal in MVC.No.1940/2016, is modified to the extent stated hereinabove. iii. The claimant is entitled for total compensation of Rs.18,92,523/- (Rupees Eighteen Lakh Ninety Two thousand Five hundred and twenty three only) as against Rs.12,28,353/- awarded by the Tribunal. iv. The respondent-Insurance Company is directed to deposit the entire compensation - 13 - HC-KAR NC: 2025:KHC:36270-DB MFA No. 5508 of 2018 amount before the Tribunal with interest at the rate of 6% per annum within a period of six weeks from the date of receipt of certified copy of judgment and award of this court. v. No order as to costs. Registry is directed to send back the records along with the copy of this judgment to Tribunal, forthwith. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 33