- 1 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4022 OF 2018 (MV-I) BETWEEN: SRI BABU RAO @ BHARATH S/O LATE SHANKAR, AGED ABOUT 39 YEARS R/AT NO.171,"B"CROSS, KANAKADAS LAYOUT, LINGARAJAPURAM, BANGALORE-560 084 …APPELLANT (BY SRI. M THIMMARAYA SWAMY, ADVOCATE) AND: 1. SRI FAKHRU SAB AGED ABOUT 45 YEARS S/O IMAM SAB, R/AT NO.1900,GOUSE NAGAR, MALEBENNUR,HARIHAR TALUK, DAVANAGERE DISTRICT-577 530 2. THE CHOLAMANDALAM GENERAL INSURANCE CO.LTD., OFF:NO.9/1,OPPOSITE GURUDWARA, ULSOOR,BANGALORE-560 042 REP BY ITS MANAGER …RESPONDENTS (BY SRI. MURALIDHAR NAGAVAR, ADVOCATE FOR R2 R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02/02/2018, PASSED IN MVC NO.7921/2016, ON THE FILE OF THE XIII ADDL. JUDGE, COURT OF Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FURTHER SUBMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 2.2.2018 passed in MVC No.7921/2016 by the XIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-15)2, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `6,49,500/- together with interest at 8% pa. Being aggrieved, the present appeal is filed by the claimant for enhancement of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only question that is required to be adjudicated in 1 Hereinafter referred to as ‘Act of 1988’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 the present appeal is with regard to the adequacy of the compensation awarded by the Tribunal. 3. Heard the submissions of learned counsel Sri M.Thimmarayaswamy, for the appellant/claimant, learned counsel Sri Muralidhara Negavar, for respondent No.2 - insurer. 4. The Tribunal has recorded a finding that claimant was aged 39 years as on the date of the accident i.e., as on 3.7.2016. Hence, the appropriate multiplier of ‘15’ applied by the Tribunal is just and proper. The claimant is stated to have been carrying on the business of Tours and Travels, earning `20,000/- p.m. However, no documents were produced to demonstrate his income. The Tribunal assessed the notional income of the claimant as `8,000/- p.m. Having regard to the date of the accident, the notional income is re-assessed as `9,500/- p.m. 5. It is evident from the wound certificates (Ex.P4), discharge summaries (Ex.P6) and the evidence of the doctor (PW.2) that the claimant had sustained blunt injuries to the neck and post traumatic C5 C6 disc herniation with ASIA C - 4 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 Quadripareses. The claimant was treated as an inpatient on two occasions for a total period of 47 days, wherein he underwent an operative procedure for Anterior Cervical Decompression and Fusion of C5, C6 Level using Plate and Cage, consequent to which he underwent physiotherapy. The doctor (PW.2) has deposed regarding the injuries sustained by the claimant and the treatment undergone, wherein he has deposed that there is weakness in the limbs and other disability. PW.2 has deposed the whole body disability at 56%. However, the Tribunal has re-assessed the whole body disability at 20%, which is just and proper. 6. Having regard to the aforementioned, the compensation is re-assessed as follows: 6.1 The compensation of `50,000/- towards pain and sufferings and `30,000/- towards loss of amenities, are just and proper; 6.2 Having regard to the nature of injuries sustained and the period of treatment, the laid up period is assessed as 3 months and accordingly, compensation of (`9,500/-x3) - 5 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 `28,500/- is awarded as against `16,000/- awarded by the Tribunal; 6.3 The medical expenses is awarded by the Tribunal having regard to the medical bills in a sum of `2,45,500/-, which is just and proper and the same is rounded off as `2,46,000/-; 6.4 The compensation towards food, nutrition and attendant charges is re-assessed as `25,000/- as against `20,000/- awarded by the Tribunal having regard to the nature of injuries sustained and the period of treatment; 6.5 The compensation towards disability/loss of earning capacity is re-assessed as (`9,500/-x12x15x20%) `3,42,000/- as against `2,88,000/- awarded by the Tribunal; 7. It is noticed that the Tribunal has awarded interest at 8% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re- assessed/enhanced by this Court. - 6 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 8. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Towards pain and suffering 50000.00 50000.00 2. Loss of laid up period 16000.00 28500.00 3. Medical expenditure 245500.00 260000.00 4. Loss of future income 288000.00 342000.00 5 Food, nourishment and attendant charges 20000.00 25000.00 6 Loss of amenities 30000.00 30000.00 Total 649500.00 735500.00 9. Accordingly, the claimant is entitled for enhanced compensation of (`7,35,500/- – `6,49,500/-) `86,000/-. 10. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 2.2.2018 passed in MVC No.7921/2016 by the XIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-15), is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered. - 7 - HC-KAR NC: 2025:KHC:27392 MFA No. 4022 of 2018 iii) The claimant is entitled for enhanced compensation of `86,000/- with interest at the rate of 7% p.a. from the date of petition till its realization, in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed digitally to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 30