Sri Muddappa v. Sri Sourabh Biswas

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 75 OF 2026 (MV-I) BETWEEN:

SRI MUDDAPPA S/O. MADAIAH AGED 59 YEARS R/AT No.211 AMBEDKARNAGARA NEAR SYNDICATE BANK DODDAKALLASANDRA BANGALORE SOUTH BANGALORE-560 062.

…APPELLANT (BY SRI NITHYA ABHILASH, ADVOCATE FOR SRI PRAKASH M H, ADVOCATE)

AND:

¶1SRI SOURABH BISWAS S/O. SHANKAR CHANDRA BISWAS AGE MAJOR R/ATJAIN GLOBAL CAMPUS RASHTHE JAKKASANDRA VILLAGE HAROHALLI TALUK, RAMANAGARA BANGALORE SOUTH DISTRICT -562 112.

¶2CHOLA MS GEN. INS. CO. LTD OFFICE AT UNIT NO.04, 9TH FLOOR LEVEL-06, GOLDEN HEIGHTS COMPLEX 59TH C CROSS ROAD, 4TH M BLOCK

Location: HIGH COURT OF KARNATAKA

INDUSTRIAL SUBURB, RAJAJINAGAR BANGALORE-560 001. REP BY ITS MANAGER.

…RESPONDENTS (BY SRI H C BETSUR, ADVOCATE FOR R2 V/O DTD. 09.01.2026 NOTICE TOR1 D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.09.2025 PASSED IN MVC No.3904/2024 ON THE FILE OF THE VIII ADDITIONAL JUDGE COURT OF SMALL CAUSES AND ACJM, BENGALURU SCCH-5, 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 appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 08.09.2025 passed in MVC No.3904/2024 by the VIII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-5).

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of

learned counsel for appellant and learned counsel for respondent No.2/insurer.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 06.05.2024 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-05-LD-9725. 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.)

¶01Loss of future income 1,78,200/-

¶02Pain and suffering 25,000/-

¶03Conveyance, nourishment and attendant charges 15,000/-

¶04Medical expenses 2,51,507/-

¶05Loss of amenities in life 15,000/-

¶06Loss of income during laid up period 49,500/-

Total 5,34,207/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed

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 No.2/insurer.

¶6The accident occurred on 06.05.2024 and as on the date of accident, the claimant was aged 58 years. As the claimant has not proved his income, the Tribunal has taken the notional income. The accident occurred in the year 2024 and notional income fixed for the year 2024 is Rs.17,000/-p.m. and the same is to be taken as against Rs.16,500/- taken by the Tribunal. Considering the age of the claimant, the Tribunal has rightly applied multiplier '9'. The claimant has sustained head injury. PW.2 is the Doctor who has assessed the disability and stated that the claimant is having neuro disability pertaining to cognition at 10%. Considering the said evidence, the Tribunal has rightly taken the functional disability at 10%. In view of

the above, the loss of future income is calculated as under: Rs.17,000 x 12 x 9 x 10% = Rs.1,83,600/-

¶7The claimant has sustained laceration wound over right parietal region, multiple abrasions over B/L cloner limbs, closed head injury with right MCA territory infarct as per Ex.P5 – wound certificate and Ex.P9 – discharge summary. Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.25,000/- is enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.15,000/- is enhanced to Rs.35,000/-. The claimant has been admitted in the hospital for 10 days. Considering the same, the Tribunal has rightly awarded attendant, conveyance charges and also the medical expenses. The Tribunal has awarded loss of income during laid up period for three months. As now the income is taken at Rs.17,000/- p.m., the claimant is entitled to loss of income

during laid up period in a sum Rs.51,000/- (Rs.17,000 x 3 months) as against Rs.49,500/- awarded by the Tribunal.

¶8In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 50,000/-

¶02Loss of amenities 35,000/-

¶03Attendant and conveyance charges 15,000/-

¶04Medical expenses 2,51,507/-

¶05Loss of income during laid up period 51,000/-

¶06Loss of future income 1,83,600/-

Total 5,86,107/-

¶9Considering the above aspects, the claimant is entitled to total compensation of Rs.5,86,107/- as against Rs.5,34,207/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.51,900/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest.

¶10In 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.51,900/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) Appellant/claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 52 Ct.sm