- 1 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3791 OF 2024(MV-I) BETWEEN: MR. CHANDRASHEKAR, S/O VEERABADRAPPA, AGED ABOUT 42 YEARS, R/AT NEW TATA HAVEN, DASANAPURA HOBLI, BENGALURU DISTRICT. …APPELLANT (BY SRI. D.M. LOHITH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER, T. P.CLAIMS HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU-560 002. 2. GANGADHAR, S/O. NEELAPA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 R/AT NEELANAHALLI, S. BIDARE, KADUR, CHIKKAMANGALORE, DISTRICT-577 101. …RESPONDENTS (BY SRI. MOHAN KUMAR T., ADVOCATE FOR R1; R2- SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.09.2023 PASSED IN MVC NO.5702/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, 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 - 3 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 ORAL JUDGMENT At request of Sri.Lohith.D.M. who represents Sri.Gurudev Prasad.K.T learned counsel on record for the appellant as well as Sri.Mohan Kumar.T learned counsel for respondent No.1, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the award that is passed by the Principal Motor Accident Claims Tribunal, Bengaluru in MVC No.5702/2021 dated 15.09.2023. This is a claimant's appeal. On the ground that the compensation that is granted by the Tribunal is grossly low, the appellant is before this Court. 3. Learned counsel for the appellant submits that the appellant sustained multiple injuries in a road traffic accident and underwent surgery. But without considering the evidence produced, the Tribunal awarded meager sum as compensation. Learned counsel also states that the appellant as a manager in a private company was earning - 4 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 ₹30,000/- per month. However, the Tribunal took the notional income of the appellant as ₹14,000/- per month unjustifiably. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, the submission that is made by learned counsel for respondent No.1 is that the award of the Tribunal is valid in all aspects. Learned counsel states that the appellant failed to produce any proof with regard to his occupation and income and therefore, the Tribunal took the notional income as ₹14,000/- per month for the purpose of calculating the compensation. 5. In reply to the said submission, learned counsel for the appellant states that the accident occurred in the year 2021 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹15,000/- per month for settlement of claims and atleast the said figure should have been adopted by the Tribunal. - 5 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 6. The appellant failed to produce any substantive proof with regard to his occupation and income by the date of accident. However, having considered the submission thus made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as ₹15,000/- per month. On taking the notional income as ₹15,000/- per month and without disturbing other parameters i.e., applying the appropriate multiplier '15' and disability in respect of whole body as 10%, the compensation which the appellant is entitled to receive under the head loss of future earnings is ₹2,70,000/- (₹15,000/- X 12 X 15 X 10%). The Tribunal granted a sum of ₹2,52,000/- only under the said head. Thus the enhancement will be ₹18,000/- (₹2,70,000/- - ₹2,52,000/-). 7. In the same manner, having taken the notional income as ₹15,000/- per month, the loss of income during laid up period comes to ₹45,000/- (₹15,000/- X 3). The Tribunal granted a sum of ₹42,000/- only under the said - 6 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 head. Thus, enhancement will be ₹3,000/- (₹45,000/- - ₹42,000/-). 8. Undisputedly, the appellant sustained four simple injuries and one grievous injury. Therefore, this Court is of the view that the appellant is entitled to a sum of ₹50,000/- under the head pain and suffering. However, the Tribunal granted a sum of ₹40,000/- only. Thus, the enhancement will be ₹10,000/- (₹50,000/- - ₹40,000/-). Thus, the appellant is entitled to receive a sum of ₹31,000/- (₹18,000/- + ₹3,000/- + ₹10,000/-) in total in addition to the sum that is awarded by the Tribunal. 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 MVC No.5702/2021 dated 15.09.2023 is enhanced by ₹31,000/-. - 7 - HC-KAR NC: 2025:KHC:37180 MFA No. 3791 of 2024 (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 122 days as per orders in I.A.No.1/2024. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 31