- 1 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5418 OF 2015 (MV-I) BETWEEN: SRI A.K RAVINDRAN S/O LATE KUMARAN, AGED ABOUT 52 YEARS, R/AT NO.2, KRISHNANIVAS, OPP-DECCAN STUDIOS, 80 FEET ROAD, INDIRA NAGAR, BANGALORE-560 038. …APPELLANT (BY SRI. SRIKANTH B., ADVOCATE) AND: 1. LEONE J S/O JOHN SELVARAJ.A, AGED ABOUT MAJOR, R/AT NO.15, RAGAVENDRA NAGAR, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 KUMBAKONAM TALUK, TANJAVUR DISTRICT-612 001. 2. THE MANAGER THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE NO.42, MUTT STREET, 1ST FLOOR, KUMBAKONAM DISTRICT, THANAVUR-612001. …RESPONDENTS (BY SRI. MANJUNATH B K., ADVOCATE FOR R1 SRI. A RAVISHANKAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED22.01.2015 PASSED IN MVC NO.5409/2013 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & MEMBER MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 ORAL JUDGMENT This appeal is preferred challenging the judgment and award dated 22.01.2015 in MVC No.5409/2013 passed by the XXII Addl. Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru ('the Tribunal' for short). 2. The petitioner/injured claimant filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal, after considering the entire evidence on record, granted compensation of Rs.1,71,765/- with interest at the rate of 6% p.a. from the date of petition, till deposit. 3. This appeal is preferred in which it is contended that, the he was admitted as an inpatient for six days; meager compensation is awarded under medical expenses; no compensation is awarded under the head loss of income during laid-up period and loss of future income. - 4 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 4. Heard the arguments of learned counsels for both sides. 5. The petitioner had sustained the following two injuries: i. Segmental fracture shaft vibial visual ii. Head injury As per Ex.P6 wound certificate, both the injuries are grievous in nature. It was observed that, he was treated for five days. He was working as a Salesman in private ayurvedic i.e., Herbal Life Pvt. Ltd., and earning Rs.40,000/- per month. PW-2 stated that, there was malunion and severe ankle stiffness and swelling on the right side and assessed whole body disability at 19%. It was observed that, no evidence was produced to establish that the petitioner has been removed from his service, hence no amount was granted towards loss of future income and also loss of income during laid-up period. The petitioner has not produced any proof of income. He met with an accident on 11.08.2013. Therefore, his notional - 5 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 income has to be taken as Rs.8,000/- per month as per the guidelines issued by the Karnataka State Legal Services Authority. An amount of Rs.8,000/- x 3 = Rs.24,000/- is awarded under the head loss of income during laid-up period. 6. Apart from this, considering the income, disability and age of the petitioner, the compensation under loss of future income comes to Rs.8,000/- x 12 x 11 x 6% = Rs.63,360/-. This Court finds no reason to interfere with the amounts granted under the heads pain and sufferings, medical expenses and loss of amenities. In respect of amounts granted under the heads food and nourishment and conveyance charges, Rs.30,000/- is awarded. 7. So, total compensation awarded by this Court is as under: - 6 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 Particulars Amount Rs. Medical expenses 1,12,765 Pain and sufferings 25,000 Loss of income during laid-up period 24,000 Loss of amenities 25,000 Food, nourishment and conveyance charges 30,000 Loss of future income 63,360 Total 2,80,125 Hence, the appellant/petitioner is entitled to a total compensation of Rs.2,80,125/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed-in-part; ii. The judgment and award dated 22.01.2015 passed in MVC No.5409/2013 by the Tribunal is modified; iii. The appellant/petitioner is entitled to a total compensation of Rs.2,80,125/- along with interest at the rate of 6% p.a. - 7 - HC-KAR NC: 2025:KHC:36808 MFA No. 5418 of 2015 from the date of petition till the date of realization; iv. Respondent No.2-Insurnace Company is directed to deposit the amount within one month from the date of this order; v. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PA List No.: 1 Sl No.: 8