Sri. Shashidar B v. Sri Kishore H B

((((((((((((HC-KAR, NC:(2026:KHC:42999( MFA(No.(6737(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010594182025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(12 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SHIVASHANKAR(AMARANNAVAR( MISCELLANEOUS(FIRST(APPEAL(NO.(6737(OF(2025((MV-I)( BETWEEN:(( ( , SRI.,SHASHIDAR,B.,

S/O,BEETASWAMY, AGED,ABOUT,23,YEARS,, R/AT,NO.222,,NEAR,ANGANAWADI,,,

BASAPPANAKATTE,,,RAJGOPAL,NAGAR,, ND PEENYA,2 ,STAGE,,BENGALURU,NORTH,, BENGALURU,-,560,058.,

…APPELLANT,

(BY,SRI.,UDAYA,KUMAR,R.L,,ADVOCATE),

AND:(

(

1., SRI.,KISHORE,H.B., S/O,BASAVARAJU,,MAJOR,, R/AT,YADUR,VILLAGE,,HONGAL,POST,, SOMWAREPET,TALUK,, Digitallytisignedtiby KODAGU,DISTRICT,-,571,236., LAKSHMINARAYANA MURTHY0RAJASHRI , Location:0HIGH 2., SBI,GEN.,INSURANCE,COMPANY,LTD.,, COURT0OF KARNATAKA GROUND,AND,1ST,FLOOR,,, RUKUMINI,TOWERS,3-1,,, 4PALTFARM,ROAD,/,, RAILWAY,APPROACH,ROAD,,SESHADRIPURAM,, BENGALURU,-,560,020., …RESPONDENTS, (BY,SRI.,MALLIKARJUNA,REDDY,N.A,,ADVOCATE,FOR, ,,,,,,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R2;, ,,,,,,VIDE,ORDER,DATED,12.09.2025,,NOTICE,TO,R1,, ,,,,,,DISPENSED,WITH),

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 17.06.2025 PASSED IN MVC NO. 918/2024 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU SCCH-25, 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 17.06.2025 passed in MVC No.918/2024 by XXIII Additional Small Causes Judge and MACT, Bengaluru (SCCH-25).

¶2Even though the matter is listed today for admission, 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.

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 13.01.2024

contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-12-MB-7358.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars

Amount

¶1Medical expenses Rs. 4,990/-

¶2Loss of income during treatment Rs. 20,900/-

¶3Attendant, Food & Nourishment charges Rs. 19,000/-

¶4Pain and suffering Rs. 10,000/-

¶5Loss of future earning on account of disability Rs. 8,91,000/-

Total Rs. 9,45,890/-

¶5The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation excluding the interest on Rs.8,91,000/- awarded towards loss of future earning on account of disability and directed respondent No.2/insurer to pay the

compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation and also challenging the denial of interest on the compensation awarded towards loss of future earning on account of disability.

¶6Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

¶7The Tribunal based on the evidence of the Doctor has taken the disability by 25%. Even though the disability is taken by 25%, the Tribunal has not considered the future prospects. Since the disability is 25%, future prospects are to be taken by 40%. Since the claimant is aged twenty three (23) years, the Tribunal has taken the notional income at Rs.16,500/-, but the income is to be taken at Rs.17,000/- as it is the notional income fixed for the year 2024 as per the chart prepared by the Karnataka State Legal Services Authority. The Tribunal has rightly

applied multiplier '18'. In view of the same, loss of future income is calculated as under: Rs.17,000/- + 40% (Rs.6,500/-) = Rs.23,800/- X 12 X 18 X 25% = Rs.12,85,200/-.

¶8As per Ex.P4 - Wound certificate, the claimant has sustained the following injuries:

i) Fracture of right knee, communited fracture of distal femur.

ii) Multiple abrasions over right knee.

¶9Considering the said injuries, the compensation awarded by the Tribunal for pain and sufferings in a sum of Rs.10,000/- requires to be enhanced to Rs.60,000/-.

¶10The Tribunal has not awarded loss of amenities. The claimant is entitled to loss of amenities in a sum of Rs.30,000/-.

¶11The claimant has been admitted in the hospital for thirty four (34) days. Considering the same, the claimant is entitled to attendant and conveyance charges

in a sum of Rs.34,000/- (Rs.1,000/- X 34 days) as against Rs.19,000/- awarded by the Tribunal.

¶12Considering the fracture of knee, the claimant has to take rest at least 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) as against Rs.20,900/- awarded by the Tribunal.

¶13The Tribunal has rightly awarded medical expenses of Rs.4,990/-.

¶14The Tribunal has erred in not awarding the interest on loss of future earning on account of disability. The claimant is entitled to interest on Rs.12,85,200/- awarded for loss of future earning on account of disability.

¶15Considering all the above aspects, the claimant is entitled to total compensation under various heads as under:

Sl. No. Particulars

Amount

¶1Medical expenses Rs. 4,990/-

¶2Loss of income during treatment Rs. 51,000/-

¶3Attendant, Food & Nourishment charges Rs. 34,000/-

¶4Pain and suffering Rs. 60,000/-

¶5Loss of future earning on account of disability Rs. 12,85,200/-

¶6Loss of amenities Rs. 30,000/-

Total Rs. 14,65,190/-

¶16The claimant is entitled to total compensation of Rs.14,65,190/- as against Rs.9,45,890/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

¶17Consequently, the claimant is entitled to enhanced compensation of Rs.5,19,300/- (Rs.14,65,190/- - Rs.9,45,890/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶18Respondent No.2/insurer is liable to pay enhanced compensation amount with interest.

¶19In 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.5,19,300/- 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.

v) The order of the Tribunal denying interest on loss of future earning on account of disability is set-aside.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 2 Sl No.: 17