- 1 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 5865 OF 2024 (MV-I) BETWEEN: PAWANKUMAR K.S., S/O SANJEEVARAYAPPA, AGED ABOUT 25 YEARS, (AFTER ACCIDENT THE APPELLANT IS MENTALLY RETARDATION) REPRESENTED BY ITS NATURAL GUARDIAN AND MOTHER RANGAMMA, W/O SANJEEVARAYAPPA, AGED ABOUT 48 YEARS, RESIDING AT KOTE BEEDI, 6TH WARD, KORATAGERE TOWN, NOW RESIDING AT ANTARASANAHALLI, MADUGIRI ROAD, TUMAKURU CITY - 572 106. …APPELLANT (BY SRI. K. SHANTHARAJ, ADVOCATE) AND: 1. AFSAR PASHA, S/O LATE NURULLA, AGED ABOUT 49 YEARS, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 RESIDING AT NO.58-A, 4TH CROSS, VEERASAGARA, TUMAKURU TOWN - 572 101. 2. BAJAJ ALLIANZ GEN. INS. CO. LTD., BY ITS MANAGER, GOLDER HEIGHTS, 4TH FLOOR, NO.1/2, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. VIJAYA PHANEENDRA T.B., ADVOCATE FOR SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2; V/o DATED 08.07.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.02.2024 PASSED IN MVC NO. 492/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU, 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 MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is by the claimant seeking for enhancement of compensation arising out of judgment and decree dated 01.02.2024 in MVC.No. 492/2020 passed by VI Additional District and Sessions Judge and MACT, Tumakuru (‘Tribunal’ for short). 2. The parties are referred to as per their ranking before the Tribunal. 3. The date of accident, involvement of vehicle, injury sustained by the claimant resulting in 50% disability and liability to pay compensation are not in dispute. The only dispute is with respect to quantum of compensation. 4. A brief outline of facts leading to filing of the present appeal are as under: - 4 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 The claimant suffered injuries in an accident that occurred on 25.09.2019 at 11.30 p.m., leading to disability of 50% in relation to his brain. The claimant through his natural guardian-mother filed claim petition seeking compensation of Rs.45,00,000/-. The respondent-insurer as well as the owner of the vehicle in response to the notice appeared through their respective counsel. The first respondent has not filed any written statement. Second respondent-insurer has filed written statement denying the averments stated in the claim petition and has taken a contention that the driver of the offending vehicle was not holding a valid and effective driving licence and there is violation of Section 3 of Motor Vehicles Act, 1989. The claimant was driving the car involved in the accident in a rash - 5 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 and negligent manner under the influence of alcohol, as a result of which he lost control over the vehicle and hit against an unknown vehicle which was coming in opposite direction and sustained injuries. As such the petition is not maintainable and sought to dismiss the petition. 5. The Tribunal upon consideration of pleadings, framed three issues; among them the first issue is with reference to rash and negligent driving on the part of the driver of the lorry bearing registration No.KA-03-A-9977. 6. The Tribunal answered Issue No.1 in affirmative, holding that the driver of the lorry is responsible for rash and negligent driving, resulting in the accident. 7. The Tribunal after considering the entire material placed on record and evaluation of the evidence, held that the claimant suffered 50% - 6 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 disability in view of evidence and certificate of disability issued by Doctor-PW2. The claimant was 21 years as on the date of accident and applying multiplier ‘18’ and considering the income at Rs.14,000/- per month, awarded a total compensation of Rs.21,30,237/- along with 6% interest per annum. Not satisfied with the quantum of compensation, the claimant is before us in this appeal seeking enhancement. 8. Heard Sri.K.Shantharaj, learned counsel appearing for the claimant-appellant and Sri. Vijaya Phaneendra.T.B, learned counsel for Sri.A.N.Krishnaswamy, learned counsel for second respondent-insurer. Vide order dated 08.07.2025, notice of this appeal to first respondent is dispensed with. 9. Sri.K.Shantharaj, taking us through the judgment and award, so also the trial Court records submits that the claimant even according to the - 7 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 police record was driving the vehicle at the time of accident and Ex-P7, the original driving license is produced before the Tribunal to substantiate that he was working as a driver. The claimant was 21 years as on the date of accident. The accident had occurred in the year 2019. The income of Rs.14,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority for the year 2019 is for settlement of claims insofar as unskilled labour is concerned, the claimant being a driver was a skilled worker at the time of accident. The Tribunal failed to consider this aspect of the matter and has considered a meagre income as monthly income to calculate the loss of earning capacity as well as loss during the laid up period. He further submits that the claimant appeared through his natural guardian-mother as he is not in a position to contest the matter in view of disability suffered to the brain. In these circumstances, the - 8 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 disability ought to have been considered as 100% loss of earning capacity and the income must have been taken as claimed by the claimant before the Tribunal at the rate of Rs.25,000/- per month. He further submits that in view of 50% disability, the Tribunal must have added appropriate percentage as future prospectus towards the existing income. The compensation awarded under all the heads except the ‘medical expenses’ are sparse. Accordingly, he sought to allow the appeal and enhance the compensation. 10. In contrast, Sri.Vijaya Phaneendra submits that the Tribunal in the absence of proof of income, considered the maximum income as provided under the chart for the year 2019 and awarded appropriate compensation. The Ex.P12-certificate of disability, indicates that, the disability as per the recital stating that it is for 9 years and 11 months. The Tribunal considered the disability to the brain at - 9 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 50% as stated by the doctor, though he is not a Neurosurgeon, and awarded appropriate compensation under all the heads. In these circumstances the interference at the hands of this Court, may not arise and accordingly, sought to dismiss the appeal. 11. Having considered the submissions made at bar. We have perused entire appeal papers as well as trial Court records. The only question which arises for our consideration is: Whether the claimant has made out any case for enhancement of compensation? 12. Our answer to the above point for consideration is partly in affirmative. 13. Admittedly, the accident has occurred in the year 2019. The driving licence in original produced and marked as Ex-P7 indicates that the applicant has been granted license to drive LMV. - 10 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 However, he was not authorized to drive transport vehicle. In these circumstances, we are of the opinion that the monthly income considered by the Tribunal is just and proper and does not require any interference. 14. The Tribunal has considered 50% disability to the brain. In this view of the matter, we find force in the argument of Sri K.Shantharaj, that the Tribunal must have considered adding future prospectus at the rate of 40% to the existing income, considering the age of the claimant. 15. In a fateful accident, a young man aged 21 years suffered injuries resulting in 50% disability of brain. A perusal of compensation awarded under certain heads seems to be sparse when compared to the injuries suffered and the disability resulted. Accordingly, the claimant has made out a case for enhancement of compensation under the heads: ‘loss - 11 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 of future income’, ‘pain and suffering’, ‘loss of amenities’ and ‘loss of marriage prospectus’. 16. Having considered the injuries and disability, we proceed to re-determine the compensation as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of future income 15,12,000-00 21,16,800-00 (RS.14,000+40%X12X 18X50%) 2. Pain and suffering 50,000-00 2,00,000-00 3. Loss of Amenities 50,000-00 1,00,000-00 4. Attendant charges 1,20,000-00 1,20,000-00 5. Conveyance charges 30,000-00 30,000-00 6. Loss of Marriage prospectus 1,00,000-00 1,50,000-00 7. Medical expenses 1,93,237-00 1,93,237-00 8. Future medical expenses 50,000-00 50,000-00 9. Litigation charges 25,000-00 25,000-00 TOTAL 21,30,237-00 29,85,037-00 17. On re-determination, the claimant is entitled for additional compensation of Rs.8,54,800/- (Rs.21,30,237 - Rs.29,85,100), rounded off to Rs.8,55,000/-, which shall carry interest at the rate of 6% p.a., from the date of petition till realization. - 12 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 18. For the following reasons, the Court proceeds to pass the following: ORDER i. The appeal is allowed- in-part. ii. The judgment and award dated 01.02.2024 in MVC.No.492/2020 passed by VI Additional District and Sessions Judge and MACT, Tumakuru, in modified and enhanced to Rs.8,55,000/- which shall carry interest at the rate of 6% per annum from the date of petition till realisation. iii. The respondent No.2-insurer shall deposit the entire enhanced compensation along with accrued interest stated supra, before the concerned Tribunal within six weeks from the date of receipt of copy of this order. iv. On deposit 25% of compensation shall be released in favour of the claimant on proper identification. - 13 - HC-KAR NC: 2025:KHC:53219-DB MFA No. 5865 of 2024 v. Balance 75% shall be invested in an interest bearing FDR with any Nationalised Bank for a period of three years renewal by two more terms each for three years. vi. The bank shall not permit any loan on the amount invested without an order by the Tribunal/Court. vii. No order as to costs. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 19 ct-vn