Sri Ashok Kumar B V v. Sri Rajesh A

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4976 OF 2025 (MV-I) BETWEEN:

SRI ASHOK KUMAR B V S/O BELLAPPA AGED ABOUT 44 YEARS RESIDING AT VADAGUR KEMBODI KOLAR DISTRICT-563 101. …APPELLANT

(BY SRI BHOJARAJA, ADVOCATE FOR SRI BHAGEERATHI L, ADVOCATE)

AND:

¶1SRI RAJESH A S/O ANANDHA REDDY AGED ABOUT 48 YEARS RESIDING AT MARADAGATTA VILLAGE JAKKARASANA KUPPA POST BANGARPET TALUK KOLAR DISTRICT-563 101.

¶2THE CHOLA MS GENERAL INSURANCE CO. LTD., UNIT 4 9TH FLOOR, GOLDEN HEIGHTS 59TH 'C' CROSS INDUSTRIAL SUBURB 4TH 'M' BLOCK, RAJAJINAGAR BENGALURU-560 010.

Location: HIGH COURT OF KARNATAKA

REPRESENTED BY ITS BRANCH MANAGER.

¶3SMT. SHOBHA D/O ANKAPPA RESIDING AT No.E-458 BELTHUR COLONY KANAMANGALA BENGALURU URBAN KODUGODI S O BENGALURU-560 067. …RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 12.11.2025, NOTICE TO R1 & R3 ARE D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.01.2025 PASSED IN MVC No.5476/2021 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MEMBER, MACT, BENGALURU (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 10.01.2025 passed in MVC No.5476/2021 by the XIV Additional Small Causes Judge and MACT, Bengaluru (SCCH-10).

¶2The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 05.01.2021 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-53/5926. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Medical expenses Rs.3,500/-

¶02Pain and sufferings Rs.25,000/-

¶03Nourishment and diet food Rs.10,000/-

¶04Loss of Future earning capacity due to permanent disability Rs.4,05,000/-

¶05Loss of amenities Rs.20,000/-

¶06Future Medical Expenses Rs.20,000/-

Total Rs.4,83,500/-

¶4The Tribunal also awarded interest at the rate of 6% p.a. from the date of petition till realization and directed the respondent No.2 -insurer to deposit the award

amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent.

¶6Learned counsel for appellant would contend that the claimant has sustained 02 fractures and 01 simple injury. P.W.3 –doctor who has examined the claimant has assessed his disability at 40% to the left lower limb, 35% to the right upper limb and 23% to the whole body. But The Tribunal has taken disability only at 15%. The claimant was coolie. Considering the same, the disability is to be taken to the whole body as stated by the doctor at 23%. As the disability is more than 20%, the claimant is entitled to future prospects at 25%. The Tribunal has rightly applied multiplier '15'. Considering the injuries sustained by the claimant, the compensation awarded for pain and suffering and loss of amenities are on lower side. The claimant has been admitted in hospital for 11 days

and compensation awarded towards attendant and conveyance charges are not awarded. The Tribunal has not awarded loss of income during laid up period. With these, he prays to allow the appeal.

¶7Learned counsel for respondent No.2 –insurer would contend that the doctor has stated fracture are united and therefore, disability taken by the Tribunal is just and proper. The compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment, award and trial Court records.

¶9The claimant has sustained following injuries as per Ex.P8 –wound certificate:

¶1Right wrist swelling, tenderness

¶2Abrasion –forehead

¶3Laceration -1cm upper lip

¶4Left knee-swelling, tenderness and x-ray of left knee shows fracture patella.

P.W.3 is the doctor who has examined the claimant, assessed his disability and stated that the claimant has sustained 40% disability to left lower limb , 35% to right lower limb and total body disability at 23%. Considering the said evidence of the doctor and the occupation of the claimant as coolie, the disability to the who body is to be taken at 23% as against 15% as taken by the Tribunal. As the disability is taken at 23%, the claimant is entitled to future prospects at 25%. The Tribunal has rightly applied multiplier '15' since the age of the claimant is 40 years. In view of the above, loss of future income is calculated as under Rs.15,000/-+ 25% (Rs.3,750/-) = Rs.18,750/-x 12 x 15 x 23% = Rs.7,76,250/-

¶10Considering the injuries sustained by the claimant noted supra, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.70,000/- and loss of

amenities in a sum of Rs.20,000/- requires to be enhanced to Rs.50,000/-. The Tribunal has rightly awarded medical expenses. The claimant has been admitted in hospital for 11 days and therefore, he is entitled to a sum of Rs.11,000/- (Rs.1,000/- x11) towards attendant and conveyance charges, food and nourishment etc., as against Rs.10,000/- as awarded by the Tribunal towards food and nourishment. The Tribunal has not awarded loss of income during laid-up period. Considering the injuries sustained and the occupation of the claimant as coolie, the claimant has to take rest at least for 03 months. Therefore, he is entitled to loss of income during laid-up period for 03 months in sum of Rs.45,000/- (Rs.15,500/-x3). The doctor has stated that the claimant has to under go surgery for removal of implants and cost of the same is Rs.60,000/-. Considering the said aspect, the claimant is entitled to future medical expenses in a sum of Rs.30,000/- as against Rs.20,000/- as awarded by the tribunal.

¶11In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 70,000/-

¶02Loss of amenities 50,000/-

¶03Medical expenses 3,500/-

¶04Attendant and conveyance, food, nourishment etc., 11,000/-

¶05Future medical expenses 30,000/-

¶06Loss of income during laid up period 45,000/-

¶07Loss of future income 7,76,250/-Total 9,85,750/-

¶13Considering the above aspects, the claimant is entitled to total compensation of Rs.9,85,750/- as against Rs.4,83,500/- with interest at the rate of 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.5,02,250/- with interest at the rate of 6% p.a. from the date of petition till realization. Respondent No.1 –insurer is liable to pay the said enhanced compensation with interest.

¶14In view of the above, the following:

ORDER

i) The appeal is allowed in part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.5,02,250/- with interest at the rate of 6% p.a. from the date of petition till realization.

iii) Respondent No.1 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant –claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 11 Ct.sm