Mr Manjunath S v. V Narendra Babu

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1024 OF 2022(MV-I) BETWEEN:

MR. MANJUNATH S S/O SRINIVASA L AGED ABOUT 26 YEARS, R/O YADAVANAHALLI (V) & (P) ATTIBELE HOBLI ANEKAL TALUK -562 107 …APPELLANT (BY SRI. KRISHNA VENKATRAMAN NAIK, ADVOCATE) AND:

¶1V NARENDRA BABU S/O SRI VENKATARAMANAPPA MAJOR R/O NO.642, 3RD CROSS SURYANAGARA, CHANDAPURA (P) ANEKAL TQ, ATTIBELE HOBLI BENGALURU (OWNER OF AUTORICKSHAW NO.KA-51-A-3353)

¶2THE MANAGER IFCO TOKIO GENERAL INSURANCE CO LTD NO.141, 4TH FLOOR, 3RD MAIN SHREE OF NGEF LAYOUT KASTURINAGAR by PANKAJA S Location: HIGH COURT OF KARNATAKA

BENGALURU-43 …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R2, VIDE ORDER DATED 15.03.2024, NOTICE TO R1 IS HELD SUFFICIENT)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.11.2021 PASSED IN MVC NO.6882/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.11,78,208/- awarded by the Tribunal in MVC No.6882/2018 dated 25.11.2021, is in appeal.

¶2The fact that the accident occurred and the further fact that claimant suffered injuries in the said accident are not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

Sl. No. Particulars Amount in (Rs.)

¶1Pain and suffering 1,00,000

¶2Medical expenses 1,00,608

¶3Food and nourishment and attendant charges 10,000

¶4Transportation charges 5,000

¶5Loss of income during laid up period 27,000

¶6Loss of future income due to disability 7,77,600

¶7Loss of amenities 1,00,000

¶8Future medical expenses 50,000 Total 11,78,208

¶4The Tribunal while awarding the compensation towards disability has assessed functional disability of the claimant at 40% by considering the evidence of PW.2-Doctor and gravity of the injuries sustained by the claimant. PW.2-Doctor has categorically stated that the claimant has suffered amputation of right leg below knee.

¶5I have carefully perused Ex.P5-Wound Certificate and Ex.P7-Discharge Summary, which depict the claimant sustained fracture of both bones of right leg with exfix insitu with failed vascular repair with mid shaft femur fracture with extensor tendon injury with 5th metacarpal fracture right hand,

below knee guillotine amputation right lower limb on

06.05.2016, right 5th MC fixation with extensor tendon split repart right forearm, raw area SSG thenar laceration suturing on 09.05.2016, removal of exfix right femur + stump closure right below knee on 09.05.2016.

¶6Considering the nature of the injuries and evidence of PW.2, Ex.P5-Wound Certificate, Ex.P7-Discharge Summary, medical records and photographs produced by the claimant before this Court, it is clear that the claimant has suffered amputation of right leg below knee, hence, I deem it appropriate to assess the disability of the claimant at 75% instead of 40% as assessed by the Tribunal.

¶7The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-.

¶8Since the claimant has suffered 75% disability and is aged about 22 years, 40% future prospects requires to be added to the said income, which would be Rs.13,300/- (9,500 + 40%).

¶9As the claimant was aged 22 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.21,54,600/- (13,300 x 12 x 18 x 75%) towards 'loss of future income' as against the sum of Rs.7,77,600/-.

¶10The claimant has suffered 75% physical disability, which has permanently impaired his prospects of marriage. Having regard to the nature and extent of the disability, I deem it just and appropriate to award a sum of Rs.3,00,000/- towards 'loss of marriage prospects'.

¶11As a consequence, the amount of Rs.50,000/- awarded by the Tribunal towards 'future medical expenses' would also stand enhanced to Rs.1,00,000/-.

¶12Having considered the medical bills at Exs.P10 and P12 produced by the claimant, I deem it appropriate to award a

sum of Rs.1,08,608/-, towards 'medical expenses' as against Rs.1,00,608/- awarded by the Tribunal.

¶13The sums awarded under the heads 'pain and suffering', 'food, nourishment, attendant charges and transportation charges', 'loss of income during laid up period' and 'loss of amenities' remain unaltered.

¶14Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.)

¶1Pain and sufferings 1,00,000 1,00,000

¶2Medical expenses 1,00,608 1,08,608

¶3Food and nourishment and attendant charges 10,000 Transportation charges 5,000 15,000

¶4Loss of income during laid up period 27,000 27,000

¶5Loss of future income due to disability 7,77,600 21,54,600

¶6Loss of amenities 1,00,000 1,00,000

¶7Marriage prospects - 3,00,000

¶8Future medical expenses 50,000 1,00,000 Total 11,78,208 29,05,208

¶15Thus, the claimant is held entitled to the total compensation of Rs.29,05,208/- as against Rs.11,78,208/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

¶16The Insurance Company is directed to make good the entire payment to the claimant within six weeks from the date of receipt of a certified copy of this judgment and is at liberty to recover the same from respondent No.1-owner of Auto Rickshaw bearing registration No.KA-51-A-3353. The appeal is accordingly allowed in part. The apportionment of compensation amount shall be in terms of the award of the Tribunal. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 7