- 1 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.1617 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 171 OF 2020 (MV-I) IN MFA No. 1617/2020 BETWEEN: SRI. INDRA @ INDRAJITH M.B. S/o. BASAVARAJAPPA M.R, AGED ABOUT 31 YEARS, R/AT MELANAHALLI, HIRENALLUR, KADUR, CHIKMAGALURU DISTRICT. AND ALSO AT: SRI. INDRA M.B, EMP ID 000125, WELKIN SOFT TECH PVT. LTD, NO.157, 1ST FLOOR, 12TH MAIN, NAGENDRA BLOCK, BSK 3RD STAGE, BENGALURU – 560 050. …APPELLANT (BY SRI. MOHITH R., ADVOCATE FOR SRI. M.B. CHANDRACHOODA.,ADVOCATE) AND: 1. SRI. SENGOTTAIYAN P., S/O PALANI SWAMY, AGED MAJOR, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 R/AT NO.21, R.S. ROAD, PASUR ERODE DISTRICT, TAMALNADU – 635 011. 2. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, 1ST FLOOR, AMMAN COMPLEX, NO.1360, EVN ROAD, ERODE – 635 011. TAMILNADU, REP BY ITS MANAGER. …RESPONDENTS (BY SRI.G.S. MARULAIAH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH ON 24.07.2026) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:30.09.2019 PASSED IN MVC NO.5354/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 171/2020 BETWEEN: SRI. PRABAKAR M., @ PRABAKAR MURALI, S/O MURALI V., AGED ABOUT 28 YEARS, R/AT NO. 108/1, 2ND FLOOR, 4TH MAIN ROAD, 7TH CROSS, NEAR T.R.MILL, CHAMRAJPET, BENGALURU – 560 018. ...APPELLANT (BY SRI. MOHITH R., ADVOCATE FOR SRI. M B CHANDRACHOODA., ADVOCATE) - 3 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 AND: 1. SRI. SENGOTTAIYAN P., S/O PALANI SWAMY, AGED MAJOR, R/AT NO.21, R.S.ROAD, PASUR, ERODE DISTRICT, TAMILNADU – 635 011. 2. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, 1ST FLOOR, AMMAN COMPLEX, NO,1360, EVN ROAD, ERODE, TAMILNADU – 635 011. ...RESPONDENTS (BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2, VIDE ORDER DATED 24.07.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:30.09.2019 PASSED IN MVC NO.5355/2017 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AS PRAYED FOR AND ETC., THESE APPEALS ARE COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 ORAL JUDGMENT These two appeals by the claimants in MVC No.5354/2017 and MVC No.5355/2017, seeking enhancement of the compensation by modifying the common Judgment and award dated 30.09.2019 passed by the Small Causes and Motor Accident Claims Tribunal, Bengaluru (SCCH-16)1. 2. The parties are referred to as per their ranking before the Tribunal. 3. Heard, Sri.Mohith.R, learned counsel appearing for Sri.M.B.Chandrachooda, learned counsel for the appellants/claimants and Sri.G.S.Marulaiah, learned counsel appearing for respondent No.2/ Insurer. 4. Facts germane to file the present appeals are as under: 1 ‘the Tribunal’, for short - 5 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 In an accident occurred on 03.06.2017, the claimants in aforesaid claim petitions suffered severe injuries, resulting in 7% disability to the claimant in MVC No.5355/2017. The Tribunal only on the count that the doctor who has treated the claimant has not been examined, declined to grant any compensation under the head ‘Loss of income during laid up period’, ‘Loss of future income due to permanent disability’ and ‘Future Medical expenses’. 5. Sri.Mohith.R, learned counsel appearing for the claimants submits that the Tribunal has failed to consider the Wound Certificate, injuries sustained and disability suffered. The doctor who was examined as PW.4 in MVC No.5355/2017, though is not a treated doctor, but is competent to assess the disability on the basis of records. The doctor on clinical examination of the records, has clearly stated that there is a disability of 33% on the right lower limb and 11% to the whole body. The Tribunal - 6 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 having considered the disability at 7%, ought to have awarded compensation under the heads stated supra. 5.1 In so far as claimant in MVC No.5354/2017, learned counsel submits that it is on record that the claimant has suffered fracture of right frontal Bone with underlying EDH and fracture of left 3rd Metacarpal bone undisplaced and underwent an operation on 04.06.2017 of right Frontal Craniotomy and Evacuation of EDH and was discharged on 06.06.2017. However, he has not examined the doctor. The Tribunal ought to have considered the injuries suffered & operation underwent by the claimant and awarded appropriate compensation. 6. In contrast, Sri.G.S.Marulaiah, learned counsel appearing for the Insurer with all vehemence submits that in MVC No.5355/2017, though the doctor has been examined as PW.4, he has admitted during his cross- examination that he is not the doctor who treated the - 7 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 claimant. In that view of the matter, though the Tribunal assessed the permanent disability at 7% to the whole body, in the absence of evidence from the treated doctor, declined to award any compensation under the heads now sought in this appeal. With this, he sought to dismiss the appeal. 6.1 In so far as the claimant in MVC No.5354/2017 is concerned, learned counsel submits that the claimant has not examined the doctor. In that view of the matter, the Tribunal has properly awarded compensation under all the heads, declining to award compensation under the heads now sought in this appeal and sought to dismiss the appeal. 7. Having considered the rival submissions, perused the entire appeal papers in both the appeals, so also the Trial Court record. 8. Admittedly, the accident had occurred in the year 2017. As per the chart prepared by the Karnataka - 8 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 State Legal Services Authority, the monthly income fixed for settlement of dispute before the Lok-Adalat, for the concerned year is Rs.11,000/- per month. Though the claimant claims higher income in view of lack of corroborative evidence, the Tribunal has rightly declined to consider the same, which this Court does not wish to interfere. However, taking into consideration the income fixed under the Chart stated supra, both the claimants have sustained injuries, in one case it has resulted in 7% disability even according to the Tribunal. In MVC No.5354/2017: 9. Since no doctor has been examined in MVC No.5354/2017, this Court is of the opinion that if a sum of Rs.75,000/- is awarded as Global compensation with 6% interest per annum, the same would meet the ends of justice. Accordingly, the claimant in MVC No.5354/2017 is entitled for Global compensation of Rs.75,000/-, which shall carry interest @ 6% per annum from the date of petition till realization. - 9 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 In MVC No.5355/2017: 10. Considering the percentage of disability taken by the Tribunal at 7%, this Court is of the opinion that there is no exaggeration in describing the disability suffered in view of injuries sustained as stated in the evidence of the doctor. In that view of the matter, this Court proceeds to re-assess the compensation as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain and suffering 60,000-00 60,000-00 2. Attendant Charges, extra nutritious food and conveyance expenses 11,000-00 11,000-00 3. Loss of income during laid up period 46,667-00 46,667-00 4. Medical expenses 31,345-00 31,345-00 5. Loss of future income due to permanent disability Nil 1,57,080-00 (11,000x12x17x7%) 6. Physical disablement 60,000-00 60,000-00 7. Loss of future amenities and happiness 60,000-00 60,000-00 8. Future medical expenses 20,000-00 35,000-00 (20,000 + 15,000) TOTAL 2,89,012-00 4,61,092-00 - 10 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 11. On re-assessment, the claimant in MVC No.5355/2017 is entitled for enhanced compensation of Rs.1,72,080/- (4,61,092 – 2,89,012), rounded off at Rs.1,72,500/-, which shall carry interest @ 6% per annum from the date of petition till realization. 12. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeals are allowed in part. ii) The common judgment and award dated 30.09.2019 in MVC No.5354/2017 and MVC No.5355/2017 passed by the Tribunal, is modified and the compensation is enhanced. iii) The claimant in MVC No.5354/2017 is entitled for enhanced Global compensation of Rs.75,000/- along - 11 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 with interest @ 6% per annum from the date of petition till realization. iv) The claimant in MVC No.5354/2017 is entitled for enhanced compensation of Rs.1,72,500/- along with interest @ 6% per annum from the date of petition till realization. v) Respondent No.2 – Insurer in both the appeals, shall deposit the entire enhanced compensation amount before the Tribunal within six weeks from the date of receipt of certified copy of this order. vi) Upon deposit, entire compensation amount shall be released in favor of the claimants on proper identification. vii) The Registry is directed to transmit the Trial Court record to the concerned - 12 - HC-KAR CNR: KAHC010050812020 NC: 2026:KHC:38413 MFA No. 1617 of 2020 C/W MFA No. 171 of 2020 Tribunal for further action immediately, without causing further delay. viii) No order as to costs. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 17