- 1 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF DECEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 5401 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5402 OF 2019 (MV-I) IN MFA NO. 5401/2019 BETWEEN: BABY VEDASHREE D/O. MADIVALAPPA, AGED ABOUT 7 YEARS, SINCE MINOR REP BY NATURAL GUARDIAN FATHER MADIVALAPPA, S/O. HANUMANTHARAYA HIREGOL, AGED 36 YEARS R/AT NO. G-913, 4TH MAIN, 5TH CROSS, CENTRAL TOWN SHIP, MARATHHHALLI TOWN SHIP, BANGALORE - 560 037. ...APPELLANT (BY SRI. SHANKAR PRASAD M B., ADVOCATE) AND: 1. THE DIVISIONAL MANAGER LIBERTY VIDEOCON GEN INS CO LTD, OFF NO. 01, ALYSSA 1ST FLOOR, REAR PORTION OLD. NO. 28, NEW NO. 23, RICHMOND ROAD, BANGALORE 560 025. - 2 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 2. SRI. MANOJ KUMAR S S/O. SRINIVAS, NO. 15, 1ST LBS NAGAR, INDIRANAGAR POST, BANGALORE-560 038. ...RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-1; V/O DTD:04.07.2024 NOTICE TO R2 IS D/WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.6474/2017 ON THE FILE OF THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH- 15) AT BANGALORE WHICH WAS DISPOSED ON 15.02.2019 AND ENHANCE THE COMPENSATION SUITABLY AND ALLOW THE APPEAL AND ETC. IN MFA No. 5402/2019 BETWEEN: SMT PARVATHIVVA @ PARVATHAMMA W/O. HANUMANTARAYA DORI, AGED ABOUT 61 YEARS RESIDING AT KADAKOL, JEWARGI TALUK, GULBARGA DISTRICT- 585 325. …APPELLANT (BY SRI. SHANKAR PRASAD M B., ADVOCATE) AND: 1. THE DIVISIONAL MANAGER LIBERTY VIDEOCON GEN INS CO LTD, OFF NO. 01, ALYSSA 1ST FLOOR, REAR PORTION OLD. NO. 28, NEW NO. 23, - 3 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 RICHMOND ROAD, BANGALORE 560 025. 2. SRI. MANOJ KUMAR S S/O. SRINIVAS, NO. 15, 1ST LBS NAGAR, INDIRANAGAR POST, BANGALORE 560 038. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R-1; R2 – SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.6473/2017 ON THE FILE OF THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH- 15) AT BANGALORE WHICH WAS DISPOSED ON 15.02.2019 AND ENHANCE THE COMPENSATION SUITABLY AND ALLOW THE APPEAL AND ETC. THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 19.11.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT MFA No.5401/2019 is filed by the petitioner in MVC No.6474/2017 praying to modify the judgment and award dated 15.02.2019, on the file of the XIII Addl. Judge, Court of Small Causes and Member of MACT, Bengaluru - 4 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 (herein after referred to as ‘the tribunal’ for short) and enhance the compensation awarded by the Tribunal. MFA No.5402/2019 is filed by the petitioner in MVC No.6473/2017 praying to modify the judgment and award dated 15.02.2019, passed in MVC No.6473/2017 on the file of the XIII Addl. Judge, Court of Small Causes and Member of MACT, Bengaluru (herein after referred to as ‘the tribunal’ for short) and enhance the compensation awarded by the Tribunal. Common Judgment and Award has been passed by the Tribunal in MVC No.6474/2017 and 6473/2017. 2. The appellants in MFA No.5401/2019 and MFA No.5402/2019 are the petitioners/claimants in MVC Nos.6474/2017 and 6473/2017 and Respondent No.1 in both the cases is the Insurance Company and Respondent No.2 in both the cases is the owner of motorcycle bearing No.KA-03-JK-3190. - 5 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 3. Though the matters are coming up for admission, with the consent of counsels for both the parties, they are taken up for final disposal. The facts leading to the filing of these appeals are as follows: 4. On 29.10.2017, when the claimants were standing along with their family members on the extreme left side of Varthur main road, Bangalore, at that time, motor-cycle bearing registration No.KA-03-JK-3190 being ridden by its driver at a high speed and in a rash and negligent manner, dashed against the claimants, due to which, both claimants sustained grievous injuries and admitted to the hospital and a complaint was lodged. 5. The claimants filed petitions under Section 166 of the Act, seeking compensation. It was pleaded that they spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of - 6 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 rash and negligent driving of the offending motorcycle by its rider. 6. MVC Nos.6474/2017 and 6473/2017 were filed by the petitioners/claimants seeking compensation towards injuries sustained in the accident. Upon service of notice, the respondents appeared through counsel and Respondent No.1-Insurance Company filed statement of objections denying the averments made in the claim petitions. 7. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The Tribunal, by impugned common judgment and award has partly allowed the claim petition and held that the petitioner/claimant in MVC No.6474/2017 is entitled to a compensation of Rs.1,71,500/- along with interest at the rate of 6% p.a. and directed the Respondent No.1-Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed. The petitioner/claimant in MVC No.6473/2017 was awarded a - 7 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 compensation of Rs.2,41,000/- along with interest at the rate of 6% p.a. and directed the Respondent No.1- Insurance Company to deposit the compensation amount along with interest. 8. The learned counsel for the appellant/claimant in MFA No.5401/2019 contended that the claimant being a student at the time of accident, sustained various injuries all over the body as a result of the accident and has claimed that the doctor has assessed particular limb disability at 43% and 22% disability to the whole body. The Tribunal has awarded compensation of Rs.2,41,000/- along with interest at the rate of 6% p.a., considering whole body disability as 10%. The Tribunal has awarded compensation as under: In MFA No.5401/2019 Sl.No. Particulars Amount in Rs. 1 Pain and Sufferings 40,000/- 2 Medical Expenses 45,500/- 3 Nourishment, conveyance and attendant charges 10,000/- 4 Lost of parents income (8000/- x 2 = 16,000) 16,000/- 5 Loss of amenities 20,000/- 6 Disability 1,00,000/- - 8 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 7 Future medical expenses 10,000/- Total Rs.2,41,500/- 9. The learned counsel for the appellant/claimant in MFA No.5402/2019 contended that the claimant aged 60 years, was doing petty shop business before the accident and earning Rs.15,000/- p.m., sustained grievous injuries as a result of the accident and spent Rs.1,00,000/- towards medical and other expenses. The Tribunal has awarded compensation of Rs.1,71,500/- along with interest at the rate of 6% p.a., considering whole body disability as 10%. The Tribunal has awarded compensation as under: In MFA No.5402/2019 Sl.No. Particulars Amount in Rs. 1 Pain and Sufferings 40,000/- 2 Loss of laid up period (8000x 1 = 8000/-) 8,000/- 3 Medical Expenditure 14,000/- 4 Future Medical Expenditure 10,000/- 5 Loss of Future Income 69,500/- 6 Towards diet and conveyance 10,000/- - 9 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 7 Loss of amenities 20,000/- Total Rs.1,71,500/- 10. Learned counsel for both the appellants contended that the compensation awarded by the Tribunal is on the lower side as the appellants have sustained multiple and grievous injuries and prayed for enhancement of compensation. 11. On the other hand, the learned counsel for the Insurance Company has contended the assertion of claimant in MFA No.5402/2019 that she was earning Rs.15,000/- per month, remains unsubstantiated due to lack of documentary evidence. In the absence of proof of income, the Tribunal has assessed the income of the claimant notionally at Rs.8,000/- p.m. Further, the Tribunal considering the injuries sustained by the claimant and evidence of the doctor, has rightly assessed the whole body disability at 10%. It is contended that the overall compensation awarded by the Tribunal is just and reasonable and it does not warrant interference. With - 10 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 these contentions, the learned counsel sought to dismiss the appeal. 12. Counsel appearing for the Insurance Company submitted that in MFA No.5401/2019, the claimant is a girl aged 07 years. She sustained injuries in the accident and the claimant has suffered 8% disability to the whole body. It is contended that the Tribunal has awarded excessive compensation. 13. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal. 14. It is not in dispute that the claimants in MFA No.5401/2019 and MFA No.5402/2019 have sustained injuries in the road traffic accident occurred on 29.10.2017 due to rash and negligent driving of the offending motorcycle by its rider. IN MFA NO.5201/2019 15. The claimant in MFA No.5201/2019 is a girl aged 07 years who sustained fracture and shortening of limb by 2 cms and 8% disability to the whole body is assessed by - 11 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 the doctor. Considering the nature of grievous injuries, shortening of limb and fracture sustained, the compensation of Rs.2,41,500/- awarded by the Tribunal requires no interference by this Court. IN MFA No.5402/2019 16. The claimant in MFA No.5402/2019 claims that she was earning Rs.15,000/- per month. But she has not produced any documents to substantiate the claim. Therefore, in the absence of proof of income, notional income has to be assessed. According to the guidelines issued by the Karnataka State Legal Services Authority, for accidents occurred in the year 2017, notional income shall be taken at Rs.11,000/- p.m. 10% of notional income shall be added towards future prospects. Taking into consideration the deposition of the doctor and injuries mentioned in the wound certificate, the Tribunal has rightly taken the whole body disability at 10%. 17. The claimant is aged about 60 years at the time of the accident and multiplier applicable to her age group - 12 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 is ‘9’. Thus, the claimant is entitled for compensation of Rs.1,30,680/- (Rs.11,000/- + 10% = 12,100 x 12 x 9 x 10%) on account of 'loss of future income'. 18. The nature of injuries indicates that the claimant must have been under rest and treatment for a period of three months. Consequently, the claimant is entitled for compensation of Rs.33,000/- (Rs.11,000/- x 3 months) under the head ‘loss of income during laid up period’. 19. The claimant was hospitalized as an inpatient for 10 days in the hospital and subsequently received further treatment. Therefore, Rs.25,000/- is awarded under the head ‘food, nourishment, conveyance and attendant charges’. The compensation awarded by the Tribunal under the head of 'pain and sufferings' is enhanced to Rs.50,000/- and under the head of 'loss of amenities' to Rs.25,000/-. The compensation awarded under the head ‘medical expenses’ at Rs.14,000/- holds good. Whereas under the head of 'future medical expenses' compensation is enhanced to Rs.15,000/-. - 13 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 Thus, the claimant in MFA No.5402/2019 is entitled for the following compensation: Sl.No. Particulars Amount in Rs. 1 Pain and Sufferings 50,000/- 2 Loss of laid up period (11000x 3 = 33000/-) 33,000/- 3 Medical Expenditure 14,000/- 4 Future Medical Expenditure 15,000/- 5 Loss of Future Income 1,30,680/- 6 Towards food, nourishment and conveyance 25,000/- 7 Loss of amenities 25,000/- Total Rs.2,92,680/- Thus, total compensation of Rs.2,92,680/-, rounded off to Rs.2,93,000/- is awarded to the claimant in MFA No.5402/2019. 20. In the result, the following order is passed: ORDER a) MFA No.5401/2019 is dismissed. b) MFA No.5402/2019 is allowed in part. - 14 - MFA No. 5401 of 2019 C/W MFA No. 5402 of 2019 c) The judgment and award dated 15.02.2019, on the file of the XIII Addl. Judge, Court of Small Causes and Member of MACT, Bengaluru, is modified, accordingly. d) The claimant in MFA No.5402/2019 is entitled to a total compensation of Rs.2,93,000/- with interest at the rate of 6% p.a., from the date of petition till realization. e) The Insurance Company is directed to deposit the compensation amount in both the cases along with interest from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of copy of this judgment. f) The apportionment of compensation shall be made as per the award passed by the Tribunal. g) The Registry is directed to send back TCR to the Tribunal, forthwith. Sd/- (DR.K.MANMADHA RAO) JUDGE BNV