- 1 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.6735 OF 2018 (MV-I) BETWEEN: SRI KANCHIPATHI @ KIRAN S/O RAMAIAH, AGED ABOUT 27 YEARS, NO.20, 9TH CROSS, RAJGOPAL NAGAR, BANGALRE-560073. PERMANENT ADDRESS: NO 30, YADUVANAHALLI, ARASIKERE TLAUK, HASSAN DISTRICT. …APPELLANT (BY SRI YOGESHA G.K., ADVOCATE) AND: 1. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.141, SRI SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU-560016. 2. SRI B.R. PRADEEP S/O RAJANARSIMHA MURTHY, NO.10, 18TH MAIN, - 2 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 SIDDAGANGA EXTENSION, TUMKUR-572102. …RESPONDENTS (BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R-1; V/O. DATED 16.04.2025, NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17/02/2018, PASSED IN MVC NO.2180/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER, MACT (SCCH-23), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge an award dated 17.02.2018 passed by XXI Additional Small Causes Judge and the MACT, Bengaluru in MVC No.2179/2016 (hereinafter ‘Impugned Award’). By the Impugned Award the claim petition filed by the appellant-claimant under Section 166 of M.V. Act has been allowed and a sum of Rs.3,27,292/- has been granted along with interest at 6% p.a. - 3 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 2. The brief facts in the case are that on 15.01.2016 the driver of bus bearing No.KA-06-C-4858 belonging to Respondent No.2 stated to be driven in a rash and negligent manner collided with lorry bearing No.MH-04- GR-4195 and another lorry bearing No.MH-04-GR-1384. 3. As a result of this accident, the petitioners who were travelling in the offending bus KA-06-C-4858 sustained multiple injuries. The petitioners were taken to hospital. The appellant filed his claim petition stating that he was 25 years old and earning Rs.12,000/- p.m. from his avocation as a fitter. He submitted that despite costly treatment, his injuries were not properly healed and he has become disabled. He therefore sustained loss of future earnings. The petition was contested by the respondent Insurance Company. Respondent No.2 owner of the vehicle did not appear and thus was proceeded as ex-parte. 4. On the basis of pleadings of the parties, the learned Trial Court framed the following issues: - 4 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 “1. Whether the petitioners prove that, they sustained grievous injuries in RTA on 15.01.2016 at about 9:00 a.m., near Hosa Nijagal Bangalore, Tumkur NH-4 Road, Sompura Hobli, Nelamangala taluk, Bangalore due to rash and negligent driving of the driver of the bus bearing No.KA-06-C-4858 belonging to the 2nd respondent insured with 1st respondent? 2. Whether the petitioners are entitled for compensation from whom? 3. What order or award?” 5. After assessing the evidence produced by the parties, the learned Trial Court awarded the following amounts: Sl. No. Particulars Amount (Rs.) 1 Pain and sufferings 40,000-00 2 Loss of his future earnings 1,90,080-00 3 Medical expenses 62,212-00 4 Conveyance, nourishment and nutritious food 25,000-00 5 Future medical expenses 10,000-00 Total 3,27,292-00 - 5 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 6. Learned counsel for the appellant submits that he has two grounds for challenge. Firstly, that the notional income taken by the learned Trial Court was taken at Rs.8,000/-p.m. whereas the accident happened on 15.01.2016 and for the year 2016 the notional income should have been Rs.9,500/-p.m. Secondly, he submits that no amount has been awarded for loss of amenities. 6.1 Learned counsel for the appellant also submits that in view of the accident he was hospitalized for some time and that he was unable to return to his avocation for atleast three months. Accordingly, he submits that loss of income during treatment which has also not been awarded, should be awarded. 7. The learned counsel for Respondent No.1 Insurance Company fairly submits that, so far as concerns the first issue, the learned Trial Court had wrongly calculated the notional income. Thus, the amounts required to be enhanced. He also concedes that no amounts has been - 6 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 granted on loss of amenities even though the same should have been provided for in, accordance with law. 8. This Court has perused the findings and the amounts calculated. Although the award provides for pain and suffering and conveyance and nourishment, no amounts have been given for loss of amenities. In addition, the amounts for loss of future earnings and loss of income during the treatment also would require to be calculated in accordance with the Schedule. Accordingly, this Court deems it apposite to award the loss of amenities at Rs.30,000/-. 9. In view of the aforegoing, the compensation to the appellant is to be awarded as under: Sl. No. Particulars Amount (Rs.) 1 Pain and sufferings 40,000-00 2 Loss of his future income 9500X12X18X11% 2,25,720-00 3 Medical expenses 62,212-00 - 7 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 4 Towards nourishment, food and conveyance 20,000-00 5 Future medical expenses 10,000-00 6 Loss of amenities 30,000-00 7 Loss of income during the treatment (9500X3) 28,500-00 Total 4,16,432-00 Less awarded by the Tribunal 3,27,292-00 Enhanced compensation 89,140-00 10. Accordingly, the Court proceeds to pass the following directions: ORDER (i) The appeal is allowed. (i) The impugned Judgment and Award dated 17.02.2018 passed by XXI Additional Small Causes Judge and the MACT, Bengaluru in MVC No.2179/2016 is modified to the extent that the appellant/petitioner is entitled to enhanced compensation of Rs.89,140-00 along with - 8 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to Rs.3,27,292-00 that has been awarded by the Tribunal. (ii) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (iii) The Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of eight weeks from the date of receipt of the judgment. (iv) The amount in deposit by the Insurance Company before this Court shall be transmitted to the Tribunal within a week. (v) The Registry is directed to draw the modified Award accordingly. (vi) Registry is directed transmit a copy of this judgment to the concerned Tribunal, along with its records. - 9 - HC-KAR NC: 2026:KHC:3898 MFA No. 6735 of 2018 (vii) No order as to costs. (TARA VITASTA GANJU) JUDGE SNB List No.: 1 Sl No.: 37 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA