- 1 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7593 OF 2022(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.8430 OF 2022(MV-I) IN MFA No. 7593/2022 BETWEEN: 1. KASHI BAI @ KASAMMA W/O LATE CHOWDAPPA NOW AGED ABOUT 46 YEARS. 2. RENUKA @ RENUKAMMA D/O LATE CHOWDAPPA NOW AGED ABOUT 23 YEARS 3. DEENDRAPPA S/O LATE CHOWDAPPA NOW AGED ABOUT 20 YEARS 4. PARASHURAM S/O LATE CHOWDAPPA NOW AGED ABOUT 18 YEARS 5. PARVATHI S/O LATE CHOWDAPPA NOW AGED ABOUT 16 YEARS APPELLANT NO.5 IS MINOR RE, BY THEIR N/G AND MOTHER APPELLANT NO.1 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 ALL ARE R/AT NO.2/4/425/1 GANGAVATHI, WARD NO.2, BLOCK NO.4 MEHABOOB NAGAR, GANGAVATHI KOPPAL-583 227 NOW R/A NO.E/1/168 BEVINAL, S.K YADAGIRI KARNATAKA-585 290. …APPELLANTS (BY SRI. RAGHU R, ADVOCATE) AND: 1. THE MANAGER MAGMA HDI GEN INSURANCE CO LTD 2ND FLOOR, HMJC ROAD NO.36, J.C ROAD NEAR MINERVA CIRCLE BENGALURU-560002. 2. MOHAMMED ZABIULLA S/O ABDUL SHUKUR MAJOR R/A NO.327, 5TH CROSS GANGONDANAHALLI BENGALURU-560039. …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2019 PASSED IN MVC NO. 2521/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 IN MFA NO. 8430/2022 BETWEEN: RAMESH S/O KEMARAMAIAH NOW AGED ABOUT 46 YEARS, R/AT MARUTHINAGAR, WEAVER COLONY, NELAMANGALA BENGALURU RURAL DIST-562 123 ...APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. THE MANAGER MAGMA HDI GEN INSURANCE CO LTD 2ND FLOOR, HM JC ROAD, NO.36 J C ROAD, NEAR MINERVA CIRCLE, BENGALURU-560 002 2. MOHAMMED ZABIULLA S/O ABDUL SHUKUR MAJOR, R/AT NO. 327, 5TH CROSS, GANGONDANAHALLI BENGALURU-560 039 ...RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2019 PASSED IN MVC NO. 2522/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. Both these appeals are by the claimants seeking enhancement of compensation awarded vide common judgment dated 04.02.2019 passed in MVC.No.2521/2018 and MVC.No.2522/2018. 2. In both these appeals, it is not in dispute that the insurer is liable to pay the compensation as the offending vehicle was insured. 3. The factual matrix of the case is that, on 02.04.2018 at about 3.00 p.m., when deceased Chowdappa along with the claimant - Ramesh were proceeding in a trailer bearing registration No.KA52 T 614 attached to tractor bearing registration No.KA52 T 613 and reached near Bydarahalli gate on Bengaluru - Tumkuru - NH-4 road, Nelamangala Taluk, the driver of the canter bearing registration No.KA05 B 8046 drove the same in a rash and negligent manner and dashed against the rear end of the trailer. As a result of which, the trailer - 5 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 turned turtle on the road and all the occupants of the trailer fell down and sustained grievous injuries. However, Chowdappa succumbed to the injuries. As such, the legal heirs of Chowdappa filed MVC.No.2521/2018 and the injured -Ramesh filed MVC.No.2522/2018 claiming compensation for the accidental death and injuries sustained respectively. 4. The Tribunal, on assessment of evidence adduced before it, vide common judgment, awarded a sum of Rs.14,00,000/- for the accidental death of Chowdappa and Rs.4,40,000/- for the injuries suffered by Ramesh. Aggrieved by the quantum of compensation, the legal heirs of Chowdappa preferred MFA.No.7593/2022 and Ramesh filed MFA.No.8430/2022. IN MFA NO.7593/2022: 5. As regards compensation, in order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.8,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by - 6 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 6. Since the deceased was aged 49 years and was self- employed, 25% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.15,625/-. 7. Since there are five dependents, 1/4th is to be deducted from his income towards his personal expenses, which makes his monthly income to be Rs.11,719/-. The income of the deceased for the purpose of determining the loss of dependency would thus be Rs.11,719/-. 8. As the deceased was aged about 49 years, a multiplier of '13' would have to be applied. 9. Consequently, the claimants would be entitled to a sum of Rs.18,28,164/- (Rs.11,719 x 12 x 13) towards “loss of dependency”. 10. The claimants, being the wife, two daughters and two sons, each would be entitled to a sum of Rs.48,400/- towards - 7 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 “loss of consortium” i.e., in all Rs.2,42,000/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 11. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 18,28,164 2. Loss of Consortium 2,42,000 3. Conventional Heads 36,300 Total 21,06,464 12. Accordingly, the claimants would be entitled for compensation of Rs.21,06,464/- as against Rs.14,00,000/- awarded by the Tribunal. The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization. However, the claimants would not be entitled for interest for the delayed period. 13. The apportionment of compensation amount shall be in terms of the award of the Tribunal. - 8 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 IN MFA NO.8430/2022: 14. Learned counsel for the claimant would contend that the Tribunal has erred in not awarding any compensation towards loss of future earnings by assessing the percentage of disability, although the Doctor has assessed the disability of the claimant to the extent of 71% to left lower limb and 24% to the whole body on the ground that the claimant has continued his work and as such, there is no loss of future earnings. However, the Tribunal has awarded a sum of Rs.1,00,000/- towards reduced eligibility of employment without properly considering the avocation and without properly assessing the disability and income of the claimant. He would further contend that the Tribunal has erred in awarding meager compensation under all the heads. Accordingly, he would pray for enhancement of compensation. 15. Per contra, learned counsel for the insurer would contend that the Tribunal has rightly not awarded any compensation towards loss of future earnings since the claimant has continued his job even after the accident and would be earning even more than what he was earning before the accident. He - 9 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 would also contend that the Tribunal has erred in awarding exorbitant compensation under all the heads. Accordingly, he would pray of dismissal of the appeal of the claimant. 16. I have perused the evidence of the Doctor - PW.4 and the wound certificate - EX.P4. The same depicts that the claimant has suffered following injuries: i. Head injury. ii. Nasal bone fracture with ethmoid sinus fracture. iii. Left segmental fracture of emur and lateral tibial condyle avulsion fracture. iv. Right superior and inferior pubic ramus fracture. v. Blunt injury to abdomen. 17. The Hon'ble Apex Court in the case of SANDEEP KHANUJA Vs. ATUL DANDE AND ANOTHER - (2017) 3 SCC 351 has held that the crucial factor which has to be taken into consideration, thus, is to assess as to whether the permanent disability has any adverse effect on the earning capacity of the - 10 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 injured. The Co-ordinate Bench of this Court in the case of ROOPA RAM VS. THE MANAGER, M/S.RELIANCE GENERAL INSURANCE COMPANY LTD. in MFA.No.3705/2020 disposed of on 17.04.2026 following the aforesaid judgment of the Hon'ble Apex Court has awarded compensation under the head 'loss of future income'. 18. Keeping in mind the enunciation of law laid down by the Hon'ble Apex Court in the aforesaid case and having regard to the disability assessed by the Doctor i.e., at 24% to the whole and having regard to the injuries suffered by the claimant, I deem it just and appropriate to assess the disability at 15%. Accordingly, the disability suffered by the claimant would be at 15%. 19. The Tribunal has determined the monthly income, at Rs.33,767/- based on the documentary evidence i.e., income tax returns for the year 2015-16 to 2018-19 vide EX.P23 to 26. However, since it is contended by the insurer that the claimant has continued his job even after the accident and is earning as he was earning earlier, I deem it just and appropriate to assess the income of the claimant at Rs.12,500/- for the purpose of - 11 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 computing the loss of future earnings based on the disability suffered by the claimant. 20. As the claimant was aged 42 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,15,000/- (12,500 x 12 x 14 x 15%) towards 'loss of future income'. 21. The Tribunal has awarded a sum of Rs.1,35,000/- towards 'loss of income during the laid up period'. However, since this Court has assessed the income at Rs.12,500/- per month, considering the laid up period as three months, the claimant would be entitled to Rs.37,500/- (12,500 x 3 months) towards 'loss of income during the laid up period'. 22. The sum of Rs.50,000/- awarded towards 'pain and suffering', Rs.10,000/- awarded towards 'Conveyance, food and nourishment and attendant charges' and Rs.30,000/- awarded towards 'Future medical expenses', by the Tribunal, being just and proper, are affirmed. 23. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 12 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 Rs.30,000/- towards 'loss of amenities’, as against the sum of Rs.20,000/- awarded by the Tribunal. 24. The sum of Rs.95,000/- awarded towards 'Medical Expenses' by the Tribunal, being based on documentary evidence, is affirmed. 25. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 50,000 50,000 2. Loss of future income 1,00,000 3,15,000 3. Medical expenses 95,000 95,000 4. Future medical expenses 30,000 30,000 5. Loss of income during the laid up period 1,35,000 37,500 6. Conveyance, food, nourishment, attendant charges 10,000 10,000 - 13 - HC-KAR CNR: KAHC010508922022 NC: 2026:KHC:39959 MFA No. 7593 of 2022 C/W MFA No. 8430 of 2022 7. Loss of amenities in life 20,000 30,000 Total 4,40,000 5,67,500 26. Thus, the claimant is held entitled to the total compensation of Rs.5,67,500/- as against Rs.4,40,000/- awarded by the Tribunal. The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till its realization. However, the claimant would not be entitled for interest for the delayed period. 27. The Insurance Company is directed to deposit the entire amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. Both the appeals are accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 26