Sri. Bappy Das v. M/S Iffco Tokio Gen Ins Co Ltd.,

Judgment and Award.

¶10The accident occurred on 26.09.2023 and as on the date of accident, the claimant was aged thirty two (32) years. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. The Tribunal has rightly applied multiplier '16' since the claimant is aged thirty two (32) years. Since the disability is more than 20%, future prospects at 40% are to be added.

¶11P.W.3 - Doctor who has examined the claimant and assessed his disability at 50% to the whole body and the Tribunal has taken the disability at 35%. Considering the observations made by the Tribunal in paragraph - 'e' under the head loss of income due to disability and the avocation of the claimant, the disability is to be taken at 50% as against 35% taken by the Tribunal. In view of the same, loss of future income due to disability is calculated as under:

Rs.16,250/- + 40% (Rs.6,500/-) = Rs.22,750/- X 12

X 16 X 50% = Rs.21,84,000/-.

¶12The claimant has sustained the following injuries:

I) Laceration present over dorsum left hand

II) Laceration present over front of right lower

lip

III) Swelling with tenderness present over

upper third back of right chest (right

scapular region)

IV) Swelling with tenderness present over

middle third back of right cervical region.

V) Laceration present over mucosal surface of

right lower lip

VI) Laceration present over front middle third

left leg

Out of the said injuries, injury Nos.I to IV are grievous injuries and injury Nos.V and VI are simple injuries.

¶13Considering injuries sustained, compensation awarded towards pain and sufferings in a sum of Rs.80,000/- requires to be enhanced to Rs.1,50,000/- and loss of amenities in a sum of Rs.50,000/- requires to be enhanced to Rs.1,20,000/-.

¶14Considering treatment taken by claimant for the duration of five (05) months, he has to take rest atleast for one year and therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.1,95,000/- (Rs.16,250/- X 12 months) as against Rs.96,000/- awarded by the Tribunal.

¶15The Tribunal has rightly awarded medical expenses and attendant and conveyance charges.

¶16Considering all the above aspects, the claimant is entitled to total compensation under various heads as under:

Sl. No. Particulars

Amount

¶1Pain and sufferings Rs. 1,50,000/-

¶2Loss of amenities Rs. 1,20,000/-

¶3Loss of income during laid up period Rs. 1,95,000/-

¶4Attendant and conveyance charges etc., Rs. 25,000/-

¶5Medical expenses Rs. 7,35,350/-

¶6Loss of future income Rs. 21,84,000/-

Total Rs. 34,09,350/-

¶17The claimant is entitled to total compensation of Rs.34,09,350/- as against Rs.20,61,550/- awarded by the Tribunal with interest.

¶18Consequently, claimant is entitled to enhanced compensation of Rs.13,47,800/- (Rs.34,09,350/- - Rs.20,61,550/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶19Respondent No.1/insurer is liable to pay the said enhanced compensation amount with interest.

¶20In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.13,47,800/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.1/insurer shall deposit the enhanced compensation amount 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 with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 24

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5619 OF 2026 (MV-I) BETWEEN: SRI. BAPPY DAS S/O DAYIOL DAS, AGED ABOUT 35 YEARS, RESIDING AT NURI ABUJHATI JJMALAPUR, BURDWAN ABUJHATI, WEST BENGAL - 713 166. …APPELLANT (BY SRI. GURUDEVA PRASAD K.T., ADVOCATE) AND: 1. M/S. IFFCO TOKIO GEN. INS. CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, MVC HUB NO.3, KSCMF BUILDING, 3RD FLOOR, 3RD BLOCK, CUNNIGHAM ROAD, BENGALURU - 560 052. 2. KOMBAN SAJITH S/O CHANDRAN K. CITHIRA P.O., ANCHAMPEEDIKA, LALISASSERI, MOTTAMMAL, KANNUR, KERALA - 670 331. …RESPONDENTS (BY SRI. MALLIKARJUNA N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1; VIDE ORDER DATED 11.08.2026, NOTICE TO R2 IS DISPENSED WITH) Location: HIGH COURT OF KARNATAKA THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2026 PASSED IN MVC NO.7682/2023 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 11.03.2026 passed in MVC No.7682/2023 by the Judge, Court of Small Causes and ACJM and MACT, Bengaluru (SCCH-9). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.1/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 26.09.2023 contending that the accident occurred due to rash and negligent driving by the rider of motorcycle bearing registration No.KL-13-AW-4053. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation and awarded compensation under various heads as under: Sl. No. Particulars Amount 1. Towards injury pain and suffering Rs. 80,000/- 2. Towards medical expenses Rs. 7,35,350/- 3. Towards food and extra nourishment, conveyance and medical attendant Rs. 25,000/- 4. Towards loss of income during treatment Rs. 96,000/- 5. Towards loss of future earning Rs. 10,75,200/- 6. Deprivation of future amenities Rs. 50,000/- 7. Future medical expenses Rs. --- Total Rs. 20,61,550/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/insurer to pay the compensation awarded with interest. The claimant has filed present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.1/insurer. 7. Learned counsel for appellant would contend that, the claimant has sustained six (06) injuries as per Ex.P7 - Wound certificate and he underwent surgery and took treatment for five (05) months duration. P.W.3 - Doctor who has examined him and assessed his disability at 50% to the whole body. Considering the injuries sustained and the treatment taken, the claimant cannot perform his earlier avocation of Swiggy delivery boy. Therefore, the disability is to be taken at 100%. He further submits that, considering the injuries sustained, the compensation awarded towards pain and sufferings, loss of amenities and loss of income during laid up period are on lower side. He also submits that, since the disability is more than 20%, future prospects at 40% are to be added. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.1/insurer would contend that, P.W.3 - Doctor is not the treated Doctor and he has stated that fractures are united and the claimant can walk without any help. Considering all thes