- 1 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4505 OF 2019 BETWEEN: SRI. SUPARANDU .L S/O LAKSHADIPATHI, AGED ABOUT 54 YEARS, R/AT NO.81, H.G. SLUM, HOSUR MAIN ROAD, SIDDAPURA, JAYANAGAR I BLOCK, BENGALURU SOUTH, BANGALORE-11 …APPELLANT (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: BMTC CENTRAL OFFICE SARIGE BHAVAN, SHANTHINAGAR, K.H. ROAD, DOUBLE ROAD, BANGALORE-27 BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI D.VIJAY KUMAR., ADVOCATE) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.08.2018 PASSED IN MVC NO.8048/2016 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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 MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 10.08.2018 passed in MVC.No.8048/2016 by the XXI A.C.M.M & XXIII ASCJ, MACT2 Court of Small Causes, Bengaluru, seeking for enhancement of compensation. 2. The Tribunal vide its judgment and award dated 10.08.2018 has partly allowed the claim petition and has awarded a total compensation of Rs.3,73,650/- together with interest at 8% per annum. Being aggrieved, the claimant has filed the above appeal seeking enhancement of compensation. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 3. For the sake of convenience, the parties herein are referred as per their rank before the Trial Court. 4. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect to be adjudicated upon in the present appeal is with regard to the adequacy of the compensation awarded. 5. Heard submissions of learned counsel Sri. Shripad V. Shastri, appearing for the appellant - claimant and learned counsel Sri D.Vijay Kumar appearing for respondent. 6. The claimant was aged 54 years as on the date of accident i.e., 24.11.2016. It was averred that the claimant was doing Betel business and was earning Rs.18,000/- per month. However, no documents have been produced to demonstrate the income. The Tribunal has assessed the notional income of the claimant as Rs.8,000/- p.m. Having regard to the date of the accident, the notional income is re-assessed as Rs.9,500/- per month. - 4 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 7. It is forthcoming from the wound certificate (Ex.P.6) and the discharge summary (Ex.P.7) that the claimant had sustained traumatic amputation of the right forearm proximal end, degloving injury of right arm, fracture of shaft alna junction of upper middle, fracture of radius in distal and other injuries. The claimant was treated as an in-patient from 24.11.2016 to 09.12.2016 i.e., for a total period of 15 days. The Doctor (PW.3) has deposed that the right arm of the claimant has been amputated below the level of the right joint and that the disability of the claimant is 75%. 8. The Tribunal, appreciating the material on record has re-assessed the disability of the claimant at 25%. It is pertinent to note here that the amputation of the right arm at the elbow joint is mentioned as a scheduled injury under the Employees Compensation Act, 1923, at serial No.3 of part II in schedule I, the percentage of loss for the same is stipulated as 70%. In view of the same and considering the material on record, it is just and proper that the disability of the claimant be re-assessed as 70%. - 5 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 9. In view of the aforementioned, the compensation is re-assessed as follows: 9.1. The compensation awarded by the Tribunal towards pain and suffering is Rs.50,000/-, is re-assessed keeping in mind the nature of injury sustained to the claimant as Rs.1,00,000/-; 9.2. The Tribunal has awarded Medical expenses of Rs.3,614/-, as per the actual medical bill, which is just and proper and the same is rounded of as Rs.5,000/-; 9.3. The Tribunal has assessed the period of treatment as two months. However, having regard to the nature of injury sustained by the claimant, the period of treatment is re- assessed as four months and loss of income during laid up period is re-assessed as (9500X4)= Rs.38,000/- as against Rs.16,000/- awarded by the Tribunal; 9.4. The loss of amenities awarded by the Tribunal is re- assessed having regard to the nature of injuries sustained by the claimant and the resultant disability in a sum of Rs.1,00,000/- as against Rs.20,000/- awarded by the Tribunal; - 6 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 9.5. The compensation awarded by the Tribunal towards attendant, conveyance, food and nourishment charges in a sum of Rs.20,000/- is just and proper; 9.6. Having regard to the fact that the disability of the claimant has been re-assessed 70%, 10% is required to be awarded towards future prospects having regard to the judgment of the Hon'ble Supreme Court in the case of Sidram Vs The Divisional Manager, United India Insurance Co. LTD & Anr.3. Accordingly, the compensation towards loss of future earning capacity/disability is re-assessed as (9,500+10%X12X11X70%)= Rs.9,65,580/-. 10. Hence, the compensation is re-assessed as follows; Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 50,000.00 1,00,000.00 2 Medical expenses 3,614.00 5,000.00 3 Loss of income during laid up period 16,000.00 38,000.00 4 Loss of future income 2,64,000.00 9,65,580.00 5 Loss of future amenities 20,000.00 1,00,000.00 3 (2023) 3 SCC 439 - 7 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 and happiness 6. Attendant, conveyance, food and nourishment charges 20,000.00 20,000.00 TOTAL 3,73,614.00 12,28,580.00 11. Accordingly, the claimants are entitled to enhanced compensation of (Rs.12,28,580/- - Rs.3,73,614/-) = Rs.8,54,966/-, rounded of as Rs. 8,55,000/-. 12. Having regard to the order dated 25.06.2025, the claimant shall not be entitled for interest for the delayed period of 189 days. 13. Taking judicial notice of the rate of interest awarded towards fixed deposits, the rate of interest on the enhanced compensation is re-assessed as 7% per annum. 14. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 10.08.2018 passed in MVC.No.8048/2016 by the XXI A.C.M.M & XXIII A.S.C.J., Bengaluru, is hereby modified to the - 8 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of Rs.8,55,000/- together with interest at 7% per annum from the date of the petition till its realization, except for a period of 189 days, in addition to the compensation awarded by the Tribunal; iv) Out of the enhanced compensation together with accrued interest, 50% shall be kept in a fixed deposit in a Nationalized Bank of the choice of the claimant for the period of three years, upon the expiry of which period the said fixed deposit amount together with the accrued interest shall be directly released to the claimant without any further orders from the Tribunal or from this Court in this regard. The Balance 50% amount shall be digitally released to the claimant. - 9 - HC-KAR NC: 2025:KHC:25229 MFA No. 4505 of 2019 v) The Registry to draw the modified award accordingly; vi) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE SRK List No.: 1 Sl No.: 16