Sri. Nirvanojirao v. The Manager

((((((((((((HC-KAR, NC:(2026:KHC:43062( MFA(No.(8267(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010657682023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(13 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

MISCELLANEOUS(FIRST(APPEAL(NO.8267(OF(2023(MV-I)(

BETWEEN:(( ( SRI.,NIRVANOJIRAO,, S/O,PUTTOJI,RAO,,

AGED,ABOUT,59,YEARS,, R/AT,CHANDANAHALLI,,, MALEGERE,, HASSAN,DISTRICT,–,573,215.,

…APPELLANT,

(BY,SRI.,NAIK,KRISHNA,VENKATRAMAN.,,ADVOCATE),

AND:(

(

1., THE,MANAGER,, ACK,GENERAL,INSURANCE,,, Digitally signedtiby CO.,,LTD.,,MVC,HUB,NO.36/5,, REKHA0R HUSTLEHUB,ONE,EAST,,, Location: High0Courttiof SOMASANDRA,PALYA,, Karnataka TH 27 ,,MAIN,ROAD,, SECTOR,,2,,HSR,LAYOUT,,, BENGALURU,,-,560,102.,, (POLICY,,ISSUED,,BY,ITS,OFFICE,IN,, POLICY,NO,DCAR,00407984443/00,, DATE,OF,VALIDITY,,FROM,,18/07/2021,, TO,,17/07/2022), , , ((((((((((((HC-KAR, NC:(2026:KHC:43062( MFA(No.(8267(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010657682023( ( (

2., SMT.,SHEETAL,M.,, W/O,VARUN,D.P.,, AGED,ABOUT,,41,,YEARS,, R/AT,NO.,393,, MADHUR,,NIVAS,,, TH6 ,,MAIN,,,BILEKAHALLI,,, VIJAYA,BANK,COLONY,, BENGALURU,,-,560,076., …RESPONDENTS, (BY,SRI.,B.C.,SHIVANNE,GOWDA,,ADVOCATE,FOR, ,,,,,,SRI.,PRADEEP,B.,,ADVOCATE,FOR,R1,, ,,,,,,VIDE,ORDER,DATED,13.08.2026,NOTICE,TO,R2,IS, ,,,,,,,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, 1988,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:02.08.2023, , PASSED, IN, MVC, NO.3784/2022, ON, THE, FILE, OF, THE, VIII, ADDITIONAL, SMALL, CAUSES, JUDGE, AND, ACMM,, MEMBER-MACT,, BENGALURU, (SCCH-5),, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING,ENHANCEMENT,OF,COMPENSATION.,,,,, , , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, ,HON'BLE,MR.,JUSTICE,T.M.NADAF, , ( (

ORAL JUDGMENT This appeal by the claimant seeking for enhancement of compensation, arising out of Judgment and award dated

02.08.2023 passed by the VIII Addl. Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru 1in MVC No.3784/2022.

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Heard, Sri.Naik Krishna Venkataraman, learned counsel appearing for the appellant/claimant and Sri.B.C.Shivanne Gowda, learned counsel appearing for Sri.B.Pradeep, learned counsel for respondent No.1/ Insurer. Notice to respondent No.2 is dispensed with vide order dated 13.08.2026.

¶4Sri.Naik Krishna Venkataraman, learned counsel appearing for the claimant submits that the claimant a Sexagenerian (63 years), suffered injury i.e., Right knee

1 'the Tribunal', for short

anterior dislocation, IDK right knee ALL, PLL tear and injuries to other parts of the body, was an in-patient for six days and underwent surgery in the form of closed reduction done under general anesthesia. The Tribunal in the teeth of evidence of PW.2-Doctor on disability of right lower limb at 40% and whole body at 30%, had considered it at 10% and awarded compensation under loss of future income, which is against the medical evidence. Learned counsel further submits that the compensation awarded under head 'Pain and Suffering', 'Conveyance, nourishment and attendant charges', 'Loss of amenities in life' and 'Loss of income during laid up period' are on the lower side and requires enhancement.

¶5In contrast, Sri.B.C.Shivanne Gowda, learned counsel appearing for the Insurer submits that the Tribunal after considering the age and the injury, had properly considered the disability at 10% and awarded appropriate compensation. As such the same does not call for any interference and sought to dismiss the appeal.

¶6Having considered the rival submissions, the evidence of the Doctor and looking into the compensation awarded under the heads, which are now sought to be enhanced, this Court is of the opinion that the compensation awarded by the Tribunal is inadequate when compared to injury and evidence of the Doctor. In that view of the matter, this Court proceeds to re-assess the compensation, which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.

¶1Loss of future income 1,30,200-00 1,69,260-00 (15,500x12x7x13%)

¶2Pain and Sufferings 15,000-00 25,000-00 (15,000+10,000)

¶3Conveyance, nourishment and attendant charges 15,000-00 20,000-00 (15,000+5,000)

¶4Medical Expenses 73,431-00 73,431-00

¶5Loss of amenities in life 15,000-00 35,000-00 (15,000+20,000)

¶6Loss of income during laid up period 31,000-00 46,500-00 (15,500x3)

¶7Future Medical expenses 20,000-00 20,000-00

TOTAL 2,99,631-00 3,89,191-00

¶7Accordingly, the claimant is entitled for enhanced compensation of Rs.89,560/-, rounded off at Rs.90,000/- (3,89,191 – 2,99,631), which shall carry interest @ 6% per annum from the date of petition till realization.

¶8For the foregoing reasons, this Court proceeds to pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The Judgment and Award dated

02.08.2023 passed by the VIII Addl. Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru in MVC No.3784/2022 is modified and the compensation is reassessed.

(iii) The Claimant is entitled for enhanced compensation of Rs.90,000/- with

interest @ 6% per annum from the date of petition till realization.

(iv) Respondent No.1 - Insurer shall deposit the entire enhanced compensation along with interest supra before the concerned Tribunal within six weeks from the date of receipt of certified copy of this order.

(v) Upon deposit, the entire amount shall be released in favor of the claimant after due identification.

(vi) The Trial Court Record secured, if any, shall be transmitted forthwith to the concerned Tribunal.

(vii) No order as to costs.

Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 5 ct-vn