Sri. Chidananda v. Sri Kishore H B

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 6711 OF 2025 (MV-I) BETWEEN:

¶1SRI. CHIDANANDA S/O RANGASWAMY AGED ABOUT 24 YEARS, R/AT HOSKERE POST H G AOLLARAHALLI MADUGIRI TALUK TUMKURU-572132

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

AND:

¶1SRI KISHORE H B S/O BASAVARAJU MAJOR R/AT YADUR VILLAGE, HONGAL POST SOMWAREPET TALUK KODAGU DISTRICT-571236.

¶2SBI GEN INSURANCE COMPANY LTD GROUND AND 1ST FLOOR, RUKUMINI TOWERS 3-1 4 PALTFARM ROAD / RAILWAY APPROACH ROAD,

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:43826( MFA(No.(6711(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010594202025( ( ( SESHADRIPURAM, BENGALURU-560020, REPRESENTED,BY,ITS,MANAGER., , …RESPONDENTS, (BY, SRI., MALLIKARJUNA, REDDY,, N, A.,, ADVOCATE, FOR,,,,,,,,,,,,,,,,,,,,,, SRI,B,PRADEEP,,ADVOCATE,FOR,R2,, V/O,DATED,31.07.2026,,NOTICE,TO,R1,D/W), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT, AGAINST, THE, JUDGMENT, AND, AWARD, DATED, 17.06.2025,, PASSED,IN,MVC,NO.1631/2024,,,,,,,,,,ON,THE,FILE,OF,THE, XXIII,ADDITIONAL,SMALL,CAUSES,JUDGE,,MOTOR,ACCIDENT, CLAIMS, TRIBUNAL,, COURT, OF, SMALL, CAUSES,, 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,,judgment,and, award,dated,17.06.2025,passed,in,MVC,No.1631/2024,by, rdthe, learned, 23 , , Additional, Small, Causes, Judge, and, Member,, Motor, Accident, Claims, Tribunal,, Bengaluru, (SCCH-25),,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/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 13.01.2024, contending that the accident occurred due to the rash and negligent driving of the driver of car bearing Regn. No.KA-12-MB-7358.

¶4The Tribunal after recording evidence, appreciating the evidence on record, has assessed the compensation and awarded the compensation under various heads as under:

Sl.No. Nature of the heads Compensation Medical expenses Rs. 48,250.00 Loss of income during treatment Rs. 19,800.00 Attendant, food and nourishment charges Rs. 18,000.00

Pain and suffering Rs. 10,000.00 Loss of future earning on account of disability Rs.5,34,600.00

Total Rs.6,30,650.00

¶5The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed the respondent No.2/Insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation awarded has filed the present appeal.

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

¶7The learned counsel for appellant would contend that the claimant has sustained five injuries. PW6/doctor examined him and assessed his disability to the whole body at 19% and disability to limb at 56%. But the Tribunal has erred in taking the disability at 15%. The Tribunal has taken the notional income at Rs.16,500/- p.m. But as per the chart prepared by Karnataka State

Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- p.m. and that is to be taken. Considering, the injuries sustained, the claimant is entitled to loss of income during laid up period for three months. The claimant was admitted in the hospital for thirty six days, and therefore, compensation awarded towards attendant and conveyance charges etc. is on the lower side.

¶8Considering the injuries sustained by the claimant, the compensation awarded towards pain and suffering, loss of income during laid up period is also on the lower side. The Tribunal has not awarded towards loss of amenities. With this, he prayed to allow the appeal.

¶9The learned counsel for respondent No.2/Insurer would contend that the Tribunal has rightly taken the functional disability at 15% considering the age of the claimant as 23 years. The compensation awarded on

all heads is just and proper, and there are no grounds for enhancement.

¶10Having heard the learned counsels, the Court has perused the judgment and award.

¶11The appellant/claimant as per Ex.P25/wound certificate has sustained the following injuries:

i) Complete anelxion of right ankle exposure of joint,

ii) Crush injury of right foot, bleeding,

iii) Lacerated wound over left knee,

iv) Multiple abrasions over left leg and

v) Swelling forehead and right hand and over 34d and 4th fingers.

¶12Considering the said injuries, the compensation awarded at Rs.10,000/- towards pain and suffering awarded by the Tribunal requires to be enhanced to Rs.85,000/- and the claimant has to be awarded loss of amenities in a sum of Rs.50,000/-.

¶13The claimant was admitted in the hospital for thirty six days, and therefore, he is entitled to attendant

and conveyance charges in a sum of Rs.36,000/- as against Rs.18,000/- awarded by the Tribunal.

¶14Considering the said injuries noted supra, the claimant has to take rest at least for three months, and therefore, he is entitled for loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000/- x 3 months) as against Rs.19,800/- awarded by the Tribunal.

¶15The Tribunal has rightly awarded the medical expenses. PW6 is a doctor, who has examined the claimant and stated that the claimant has sustained 56% disability to the limb and 19% to the whole body. The Tribunal has taken the functional disability at 15%. Whenever there is a disability to a particular limb, one third of the same has to be taken as disability to the whole body, and therefore, disability to be taken is 19% as against 15% taken by the Tribunal. The Tribunal has taken the notional income since the claimant has not established his income. The Tribunal has taken national income at

Rs.16,500/- p.m. But as per the chart, the notional income fixed for the year 2024 by the Karnataka State Legal Services Authority is Rs.17,000/- p.m. and the said income is to be taken. The Tribunal has rightly applied multiplier `18' since the claimant is aged 23 years.

¶16In view of the above, the loss of future income is calculated as under:

Rs.17,000/-x 12 x 18 x 19% = Rs.6,97,680/-

¶17In view of the above, the claimant is entitled to total compensation under various heads as under:

Sl.No. Nature of the heads Compensation Medical expenses Rs. 48,250.00 Loss of income during treatment Rs. 51,000.00 Attendant, conveyance charges and etc. Rs. 36,000.00 Pain and suffering Rs. 85,000.00 Loss of amenities Rs. 50,000.00 Loss of future income Rs.6,97,680.00

Total Rs.9,67,930.00

¶18The claimant is entitled to total compensation of Rs.9,67,930/- as against Rs.6,30,650/- as awarded by the

Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.3,37,280/- with interest at the rate of 6% per annum from the date of petition till realisation.

¶19The order of Tribunal that the claimant is not entitled to interest on loss of future income is not proper, and therefore, it is set aside. Therefore, the claimant is entitled to interest on the amount awarded towards loss of future income. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest.

¶20In view of the above, the following:

ORDER

i) The appeal is allowed in part.

ii) The claimant is entitled to enhanced compensation of Rs.3,37,280/- with interest at the rate of 6% p.a. from the date of petition till realisation.

iii) The claimant is also entitled to interest on compensation awarded towards loss of future income.

iv) The respondent No.2/Insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

v) The claimant is entitled to release of the entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

BKM List No.: 1 Sl No.: 31