- 1 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5385 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4790 OF 2022 (MV-I) IN MFA No. 5385/2022 BETWEEN: SRI. THIRUMALAGIRI T, S/O THIMMAIAH, AGED ABOUT 46 YEARS R/AT NO. 518/0, 8TH CROSS RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 040. …APPELLANT (BY SRI. KUMAR DYAVAPATNA, ADVOCATE) AND: 1. SRI. SHIVAKUMAR S/O PARVATHAMMA AGED ABOUT 25 YEARS R/AT NO. 34, 12TH MAIN ROAD RAGHAVENDRA BLOCK, SRINAGAR BANGALORE - 560 050. 2. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO 89, 2ND FLOOR, SVR COMPLEX HOSUR MAIN ROAD, MADIWALA, 1ST STAGE, KORAMANGALA, BENGALURU - 560 068, REPRESENTED BY LEGAL OFFICER/MANAGER. …RESPONDENTS (BY SRI. ARUN K.S, ADVOCATE FOR R1; SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.01.2022 PASSED IN MVC NO. 1371/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH.13),PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4790/2022 BETWEEN: THE MANAGER M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO 89, 2ND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, MADIWALA, 1ST STAGE, KORAMANGALA, BANGALORE - 560 068. NOW REPRESENTED BY THE MANAGER, M/S. ICICI LOMBARD GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M.G. ROAD BANGALORE - 42 REPRESENTED BY ITS AUTHORIZED SIGNATORY. ...APPELLANT (BY SRI. B C SHIVANNE GOWDA.,ADVOCATE) AND: 1. SRI. THIRUMALAGIRI. T S/O THIMMAIAH AGED ABOUT 46 YEARS R/AT 518/0, 8TH CROSS, RPC LAYOUT VIJAYANAGARA 2ND STAGE, BANGALORE - 560 040. 2. SRI. SHIVAKUMAR S/O PARVATHAMMA AGED ABOUT 28 YEARS - 3 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 R/ATNO 34, 12TH MAIN ROAD RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050. ...RESPONDENTS (BY SRI. KUMAR DYAVAPATNA, ADVOCATE FOR R1; R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.01.2022 PASSED IN MVC NO. 1371/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-13), AWARDING COMPENSATION OF RS. 6,20,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT WITH THE TRIBUNAL. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT MFA No.5385/2022 is filed by the claimant seeking enhancement of compensation. MFA No.4790/2022 is filed by the Insurance Company projecting that the compensation granted by the tribunal is high and excessive. Both the appeals arise out of the award that is passed by Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.1371/2019 dated 14.01.2022. 2. Heard Sri. Kumar Dyavapatna learned counsel for the appellant in MFA No.5385/2022 who also represented respondent No.1 in MFA No.4790/2022. Also heard Sri. B.C.Shivanne Gowda learned counsel for the appellant in - 4 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 MFA No.4790/2022. Sri. Arun K.S learned counsel for respondent No.1 in MFA No.5385/2022 also made his submission. 3. For the purpose of convenience of discussion the appellant in MFA No.5385/2022 who is also respondent No.1 in MFA No.4790/2022 will hereinafter be referred to as the claimant. Likewise, the appellant in MFA No.4790/2022 will hereinafter be referred as the Insurance Company. 4. The facts of the case as projected by the claimant before the tribunal is that on 31.12.2018 while he was proceedings on his motorcycle bearing registration No.KA-42-J-6494 near Briyand Circle Signal, the driver of an Etios Car bearing registration No.KA-05-AF-1861 drove the said vehicle at a high speed and in a rash and negligent manner and hit against his motorcycle, due to which he sustained grievous injuries. 5. The claimant filed a petition invoking Section 166 of the Motor Vehicles Act seeking compensation of Rs.16,00,000/- in total. The tribunal subjecting the evidence of PWs-1 and 2, Exs. P-3, P-5 to P-17 to scrutiny came to a conclusion that the - 5 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 claimant is entitled to a sum of Rs.6,20,400/- and accordingly awarded the said amount as compensation. 6. Projecting his version, learned counsel for the claimant contended that the tribunal did not award justifiable sum as compensation under any head. The compensation granted under the heads conveyance, attendant charges, food and nourishment, loss of amenities, loss of income during laid up period and towards loss of future earnings is grossly low. Learned counsel submitted that the claimant underwent two surgeries and he got admitted at Hospital on two different occasions. Though the claimant spent more than Rs.3,00,000/- towards medical expenses, the tribunal awarded a meager sum of Rs.60,400/- towards medical expenses. Learned counsel further contended that the claimant was supplying flowers to different shops and he was earning not less than Rs.75,000/- per month. The claimant produced even income tax returns in proof of his income. However, the tribunal awarded a sum of Rs.12,000/- only under the head loss of earnings during treatment period and Rs.4,89,000/- only under the head loss of future earnings. Learned counsel by submitting thus sought to grant the sum that is claimed by the claimant as compensation. - 6 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 7. Vehemently opposing the submission thus made, learned counsel who represented the Insurance Company stated that the amount that is granted as compensation is highly excessive. Learned counsel submitted that there was no reduction in earnings even after the accident and indeed the income got enhanced. Learned counsel further submitted that the claimant did not produce any proof to show that there was loss of earnings or reduction in the earnings and therefore the tribunal ought not to have awarded any amount under the head loss of future earnings. Learned counsel further submitted that the compensation granted by the tribunal is liable to be scaled down and therefore the Insurance Company filed an appeal. Learned counsel thereby sought to reduce the sum that is awarded as compensation by the tribunal by allowing the appeal that is filed by the Insurance Company. 8. The submission that was made by learned counsel for respondent No.1 in MFA No.5385/2022 is that the tribunal granted justifiable sum as compensation and therefore there is neither necessity to enhance the said sum nor to reduce and therefore no modification of the impugned award is required. - 7 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 9. The claimant produced the copy of the wound certificate, Medial Bills, Prescriptions, Discharge Summary, Bill books, the Outpatient Record, the Inpatient Record, the Disability Assessment Report, relevant X-ray films, copy of his Pan Card and Income Tax Returns for the relevant period to establish his version. The claimant also got examined the surgeon who treated him as PW-2. As per the evidence of PW-2 the claimant sustained fracture of both bone left leg due to the road traffic accident. The claimant took treatment as inpatient and he was operated for the injuries sustained with closed interlocking nailing. The evidence of PW-2 is also that the claimant again got admitted at the hospital with history of pain over the proximal end of the nail and on examination he was found with bony out growth for which he was advised a surgery and he was again operated. PW-2 stated that as per his assessment there is 20% of permanent physical disability of left lower limb and 10% to the whole body. 10. Considering the income tax returns that were filed by the claimant for the relevant period, the tribunal took the annual income of the claimant as Rs.3,49,277/-. The tribunal gave concrete findings with regard to the entitlement of the - 8 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 claimant for compensation. Having discussed at length the merits of the case, the tribunal ultimately awarded a sum of Rs.30,000/- under the head pain and sufferings, Rs.20,000/- under the head loss of amenities, Rs.60,400/- towards medial expenses, Rs.9,000/- towards food, nourishment and Attendant charges, Rs.12,000/- towards loss of earnings during laid up period and Rs.4,89,000/-towards loss of future earnings. The tribunal thereby awarded a total sum of Rs.6,20,400/- as compensation. 11. As rightly contended by learned counsel for the claimant, the compensation granted under the head loss of earnings during laid up period i.e., Rs.12,000/- is grossly low. 12. Having considered the nature of injuries sustained and the fact that the claimant underwent operation twice, this Court is of the view that the claimant would have taken bed rest at least for a period of four months. The tribunal rightly took the earnings of the claimant as Rs.12,000/- per month. Therefore, loss of earnings for a period of four months comes to Rs.48,000/. As earlier stated, the tribunal awarded a sum of Rs.12,000/- only under the head loss of earnings during treatment period. Thus, the enhancement will be Rs.36,000/- - 9 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 (48,000 - 12,000) under the head loss of earnings during laid up period. 13. This Court is also of the view that the compensation granted under the head pain and sufferings i.e., Rs.30,000/- is on lower side. The claimant is therefore entitled to an additional sum of Rs.10,000/- under the head pain and suffering. This the total amount which the claimant is entitled to receive in addition to the sum that is awarded as compensation by the tribunal is Rs.46,000/- (36,000 + 10,000). 14. Though learned counsel for the claimant contended that the sum awarded as compensation under the head medical expenses is grossly low, having considered the discussion that went on with regard to the medical expenses at para 21 of the impugned order and as the observations made and the findings given are on proper lines, this Court is of the view that the sum awarded as compensation under the head medical expenses by the tribunal needs no interference. Likewise, though learned counsel for the Insurance Company stated that the compensation granted by the tribunal is excessive and that the claimant did not sustain any loss of earnings, however, as there is no material more so convincing material on record to - 10 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 show that there is such increase in his earnings and having considered the fact that PW-2 clearly stated that the disability in respect of whole body which is permanent in nature is 10%, this Court is of the view that there are no grounds for any reduction of the amount. Therefore, both the appeals are disposed of with the following:- ORDER i. MFA No.4790/2022 is dismissed without costs. ii. MFA No.5385/2022 is allowed in part. iii. The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C. No.1371/2019 dated 14.01.2022 is enhanced by Rs.46,000/-. iv. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. v. The Insurance Company is directed to deposit the enhanced sum within a period of eight weeks - 11 - HC-KAR NC: 2025:KHC:27524 MFA No. 5385 of 2022 C/W MFA No. 4790 of 2022 from the date of receipt of certified copy of this order. vi. On such deposit, the claimant is permitted to withdraw the entire amount. vii. Amount if any in deposit be transmitted to the concerned tribunal immediately. In the light of the disposal of both the appeals the proceedings in I.A No.3/2022 in MFA No.4790/2022 stands closed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 28 CT: BHK