Karnataka High Court
Sri Babu Rao @ Bharath vs Sri Fakhru Sab on 21 July, 2025
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NC: 2025:KHC:27392
MFA No. 4022 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 4022 OF 2018 (MV-I)
BETWEEN:
SRI BABU RAO @ BHARATH
S/O LATE SHANKAR,
AGED ABOUT 39 YEARS
R/AT NO.171,"B"CROSS,
KANAKADAS LAYOUT,
LINGARAJAPURAM,
BANGALORE-560 084
...APPELLANT
(BY SRI. M THIMMARAYA SWAMY, ADVOCATE)
AND:
1. SRI FAKHRU SAB
AGED ABOUT 45 YEARS
S/O IMAM SAB,
Digitally R/AT NO.1900,GOUSE NAGAR,
signed by MALEBENNUR,HARIHAR TALUK,
NIRMALA DAVANAGERE DISTRICT-577 530
DEVI
Location: 2. THE CHOLAMANDALAM
HIGH GENERAL INSURANCE CO.LTD.,
COURT OF OFF:NO.9/1,OPPOSITE
KARNATAKA GURUDWARA,
ULSOOR,BANGALORE-560 042
REP BY ITS MANAGER
...RESPONDENTS
(BY SRI. MURALIDHAR NAGAVAR, ADVOCATE FOR R2
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02/02/2018, PASSED IN MVC
NO.7921/2016, ON THE FILE OF THE XIII ADDL. JUDGE, COURT OF
-2-
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MFA No. 4022 of 2018
HC-KAR
SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-15),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR FURTHER SUBMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The above appeal is filed by the claimant under Section
173(1) of the Motor Vehicles Act, 19881 challenging the
judgment and award dated 2.2.2018 passed in MVC
No.7921/2016 by the XIII Additional Judge, Court of Small
Causes and Member, MACT, Bengaluru (SCCH-15)2, wherein
the Tribunal has partly allowed the claim petition and awarded
a total compensation of `6,49,500/- together with interest at
8% pa. Being aggrieved, the present appeal is filed by the
claimant for enhancement of compensation.
2. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only question that is required to be adjudicated in
Hereinafter referred to as 'Act of 1988'
Hereinafter referred to as 'Tribunal'
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the present appeal is with regard to the adequacy of the
compensation awarded by the Tribunal.
3. Heard the submissions of learned counsel Sri
M.Thimmarayaswamy, for the appellant/claimant, learned
counsel Sri Muralidhara Negavar, for respondent No.2 - insurer.
4. The Tribunal has recorded a finding that claimant
was aged 39 years as on the date of the accident i.e., as on
3.7.2016. Hence, the appropriate multiplier of '15' applied by
the Tribunal is just and proper. The claimant is stated to have
been carrying on the business of Tours and Travels, earning
`20,000/- p.m. However, no documents were produced to
demonstrate his income. The Tribunal assessed the notional
income of the claimant as `8,000/- p.m. Having regard to the
date of the accident, the notional income is re-assessed as
`9,500/- p.m.
5. It is evident from the wound certificates (Ex.P4),
discharge summaries (Ex.P6) and the evidence of the doctor
(PW.2) that the claimant had sustained blunt injuries to the
neck and post traumatic C5 C6 disc herniation with ASIA C
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Quadripareses. The claimant was treated as an inpatient on
two occasions for a total period of 47 days, wherein he
underwent an operative procedure for Anterior Cervical
Decompression and Fusion of C5, C6 Level using Plate and
Cage, consequent to which he underwent physiotherapy. The
doctor (PW.2) has deposed regarding the injuries sustained by
the claimant and the treatment undergone, wherein he has
deposed that there is weakness in the limbs and other
disability. PW.2 has deposed the whole body disability at 56%.
However, the Tribunal has re-assessed the whole body
disability at 20%, which is just and proper.
6. Having regard to the aforementioned, the
compensation is re-assessed as follows:
6.1 The compensation of `50,000/- towards pain and
sufferings and `30,000/- towards loss of amenities, are just
and proper;
6.2 Having regard to the nature of injuries sustained
and the period of treatment, the laid up period is assessed as 3
months and accordingly, compensation of (`9,500/-x3)
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`28,500/- is awarded as against `16,000/- awarded by the
Tribunal;
6.3 The medical expenses is awarded by the Tribunal
having regard to the medical bills in a sum of `2,45,500/-,
which is just and proper and the same is rounded off as
`2,46,000/-;
6.4 The compensation towards food, nutrition and
attendant charges is re-assessed as `25,000/- as against
`20,000/- awarded by the Tribunal having regard to the nature
of injuries sustained and the period of treatment;
6.5 The compensation towards disability/loss of earning
capacity is re-assessed as (`9,500/-x12x15x20%) `3,42,000/-
as against `2,88,000/- awarded by the Tribunal;
7. It is noticed that the Tribunal has awarded interest
at 8% p.a. However, taking judicial notice of the interest
payable towards fixed deposits, it is just and proper to award
interest at the rate of 7% p.a., on the compensation as re-
assessed/enhanced by this Court.
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8. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl. Heads Amount Amount
No. awarded by the awarded by this
Tribunal (Rs.) Court (Rs.)
1. Towards pain and suffering 50000.00 50000.00
2. Loss of laid up period 16000.00 28500.00
3. Medical expenditure 245500.00 260000.00
4. Loss of future income 288000.00 342000.00
5 Food, nourishment and 20000.00 25000.00
attendant charges
6 Loss of amenities 30000.00 30000.00
Total 649500.00 735500.00
9. Accordingly, the claimant is entitled for enhanced
compensation of (`7,35,500/- - `6,49,500/-) `86,000/-.
10. In the result, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 2.2.2018 passed in
MVC No.7921/2016 by the XIII Additional Judge,
Court of Small Causes and Member, MACT,
Bengaluru (SCCH-15), is modified to the extent
ordered herein. In all other respects, the judgment
and award of the Tribunal remains unaltered.
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iii) The claimant is entitled for enhanced compensation
of `86,000/- with interest at the rate of 7% p.a.
from the date of petition till its realization, in
addition to the compensation awarded by the
Tribunal;
iv) Respondent No.2 - insurer shall deposit the said
compensation together with accrued interest within
a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed digitally to the claimant;
vi) The Registry to draw the modified award
accordingly;
vii) Records of the Tribunal be transmitted to the
Tribunal forthwith.
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
ND
