Sri Puttarasegowda v. Sri. Girisha H.P

Judgment and Award.

¶10The accident occurred on 13.06.2024 and the claimant was aged forty nine (49) years as on the date of

accident. The notional income fixed for the year 2024 is Rs.17,000/- and the said income is to taken as against Rs.16,500/- taken by the Tribunal. The claimant was aged forty nine (49) years and therefore, the Tribunal has rightly applied multiplier '13'. P.W.2 - Doctor has stated that the claimant has sustained disability of right lower limb at 66%, right hand at 37% and whole body at 31%. The claimant has sustained Right proximal tibia fracture with distal femur facture with right quadriceps tear with right 3rd finger. The claimant was an agriculturist. Considering the said injuries sustained and evidence of P.W.2 - Doctor, the Tribunal has rightly taken the functional disability at 25%. Even though, the disability taken is more than 20%, the Tribunal has not taken future prospects. The claimant being aged forty nine (49) years is entitled to future prospects at 25%. In view of the same, loss of future income is calculated as under:

Rs.17,000/- + 25% (Rs.4,250/-) = Rs.21,250/- X 12

13 X 25% = Rs.8,28,750/-

¶11Considering injuries sustained by claimant noted supra, he is entitled to compensation towards pain and sufferings in a sum of Rs.75,000/- as against Rs.30,000/-, loss of amenities in a sum of Rs.60,000/- as against Rs.30,000/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses and future medical expenses. The claimant has been admitted in hospital for thirty (30) days and therefore, he is entitled to attendant and conveyance charges in a sum of Rs.30,000/- (Rs.1,000/- X 30 days) as against Rs.10,000/- awarded by the Tribunal towards nourishment and diet food. The Tribunal has not awarded loss of income during laid up period. Considering the injuries/fractures sustained by the claimant, he has to take rest atleast for three (03) months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000/- X 03 months).

¶12Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars

Amount

¶1Medical expenses Rs. 24,500/-

¶2Pain and sufferings Rs. 75,000/-

¶3Attendant and conveyance charges Rs. 30,000/-

¶4Loss of future income Rs. 8,28,750/-

¶5Loss of amenities Rs. 60,000/-

¶6Future medical expenses Rs. 50,000/-

¶7Loss of income during laid up period Rs. 51,000/-

Total Rs. 11,19,250/-

¶13The claimant is entitled to total compensation of Rs.11,19,250/- as against Rs.7,88,000/- awarded by the Tribunal with interest.

¶14Consequently, claimant is entitled to enhanced compensation of Rs.3,31,250/- (Rs.11,19,250/- - Rs.7,88,000/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶15Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest.

¶16In 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.3,31,250/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/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.: 2 Sl No.: 20

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3194 OF 2026 (MV-I) BETWEEN: SRI. PUTTARASEGOWDA S/O. LATE ARASEGOWDA, AGED 50 YEARS, R/AT HALASURU VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA, BANGALORE SOUTH DISTRICT - 562 117. …APPELLANT (BY SMT. NITHYA ABHILASH, ADVOCATE FOR SRI. PRAKASH M.H., ADVOCATE) AND: 1. SRI. GIRISHA H.P. S/O. PUTTAMADEGOWDA, AGE MAJOR, R/AT: AGARA VILLAGE, KODIHALLI HOBLI, RAMANAGARA, BANGALORE SOUTH - 562 121. 2. HDFC ERGO GEN. INS. CO. LTD., OFFICE AT: HM GENEVA HOUSE, UNIT NO.14, 108 TO 111, 1ST FLOOR, CUNNINGHAM ROAD, BANGALORE - 560 052, REP. BY ITS MANAGER. 3. SRI. ARUN D.D. S/O. DODDALINGEGOWDA, AGE MAJOR, R/AT HANCHAGULI VILLAGE, Location: HIGH COURT OF KARNATAKA KODIHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA, BANGALORE SOUTH DISTRICT - 562 119. …RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R2; VIDE ORDER DATED 09.06.2026, NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2025 PASSED IN MVC NO.6832/2024 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE, ACJM AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FURTHER ORDERS, 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 12.09.2025 passed in MVC No.6832/2024 by XIV Additional Small Causes Judge, ACJM and Member, MACT, Bengaluru (SCCH-10). 2. Even though the matter is listed today for further orders, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/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 13.06.2024 contending that the accident occurred due to rash and negligent driving by the driver of Goods Carrier Mahendra Bolero bearing registration No.KA-40-B-0925. 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. Medical expenses Rs. 24,500/- 2. Pain and sufferings Rs. 30,000/- 3. Nourishment and diet food Rs. 10,000/- 4. Loss of future earning capacity due to permanent disability Rs. 6,43,500/- 5. Loss of amenities Rs. 30,000/- 6. Future medical expenses Rs. 50,000/- Total Rs. 7,88,000/- 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.2/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.2/insurer. 7. Learned counsel for the appellant would contend that, the claimant has sustained three (03) fractures and considering the same, the compensation awarded towards pain and sufferings, loss of amenities and loss of income during laid up period are on lower side. The claimant has been admitted in hospital for thirty (30) days and attendant and conveyance charges awarded is on lower side. P.W.2 - Doctor who has examined the claimant and assessed his disability of right lower limb at 66%, right hand at 37% and whole body at 31% and the disability taken by the Tribunal at 25% is on lower side. The notional income fixed by the Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/- and the said income is to taken as against Rs.16,500/- taken by the Tribunal. Even though the Tribunal has taken the disability at 25%, future prospects