Sri Gajendra C v. Sri Km Chethan

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6367 OF 2026 (MV-I) BETWEEN:

SRI GAJENDRA C S/O CHIKKA MUNIYAPPA AGED ABOUT 36 YEARS R/AT No. 16, CHIKKRAYAPPANAHALLI BANGALORE RURAL BANGALORE-561 205.

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

AND:

¶1SRI KM CHETHAN S/O M.C. MAHADEV MAJOR R/AT No.154, 7TH CROSS NEHRU NAGAR, SATHAGALLI LAYOUT MYSORE-570 019.

RC OWNER OF TRACTOR BEARING No.KA-16/F-2177.

¶2THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, 6TH FLOOR NRUPATHUNGA ROAD BANGALORE-560 001.

JPG POLICTY No.076P 101319505 DATED 12.05.2022 TO 11.05.2023.

…RESPONDENTS

(BY SRI C SHANKAR REDDY, ADVOCATE FOR R2 V/O DTD. 07.09.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:10-06-2026 PASSED IN MVC No.3917/2023 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACJM, MEMBER, MACT-3, 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 appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 10.06.2026 passed in MVC No.3917/2023 by the VII Additional Judge, Court of Small Causes, Member, MACT-3, Bengaluru.

¶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 10.04.2023 contending that the accident occurred due to rash and negligent driving of the driver of Tractor bearing Regn.No.KA-16-T-2177. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income 3,99,360/-

¶02Pain and sufferings 30,000/-

¶03Attendant charges, extra nutritious food and conveyance charges 30,000/-

¶04Medical expenses 71,746/-

¶05Loss of future amenities and unhappiness 30,000/-

¶06Loss of income during laid up period 32,000/-

¶07Future medical expenses 30,000/-

Total 6,23,106/-

¶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 10.04.2023 and as on the date of accident, claimant was aged years. Considering the said age, the Tribunal has rightly applied multiplier '16'. The Tribunal has taken the disability to the whole body at 13% and the appellant is not disputing the same.

¶7The appellant/claimant is stated to be Airport Taxi driver earning Rs.25,000/- p.m. Since no income proof is produced, the Tribunal has taken the notional income of Rs.16,000/- p.m. Ex.P12 is the driving license of the claimant wherein he is authorized to drive light motor vehicle. The claimant is stated to be Airport Taxi driver. Therefore, his income is to be taken higher than the notional income fixed for an unskilled labourer. Therefore, the income of the

claimant is taken at Rs.18,000/-p.m. In view of the above, the loss of future income due to disability is calculated as under: Rs.18,000 x 12 x 16 x 13% = Rs.4,49,280/-

¶8The claimant has sustained open communited fracture of the right patella with retinacula injury. Considering the said injury sustained by the claimant, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.30,000/- is enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.30,000/- is enhanced to Rs.40,000/-. The Tribunal has rightly awarded compensation towards attendant and conveyance charges in a sum of Rs.30,000/- and medical expenses in a sum of Rs.71,746/- and future medical expenses of Rs.30,000/-. Considering said injury sustained by the claimant and his occupation as Airport Taxi driver, he has to take rest atleast for 3 months. Therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.54,000/- (Rs.18,000 x 3 months) as against Rs.32,000/- awarded by the Tribunal.

¶9In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of future income 4,49,280/-

¶02Pain and suffering 50,000/-

¶03Loss of amenities 40,000/-

¶04Attendant and conveyance charges 30,000/-

¶05Loss of income during laid up period 54,000/-

¶06Future medical expenses 30,000/-

¶07Medical expenses 71,746/-

Total 7,25,026/-

¶10Considering the above aspects, the claimant is entitled to total compensation of Rs.7,25,026/- as against Rs.6,23,106/- awarded by Tribunal with interest. Consequently, claimant is entitled to enhanced compensation of Rs.1,01,920/- 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.

¶11In 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.1,01,920/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit 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.

Learned counsel for respondent No.2 is permitted to file vakalath within one week.

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 39 Ct.sm