Karnataka High Court
Sri. Harish M vs Sri. Paramesh P C on 2 July, 2025
-1-
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MFA No. 209 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.209 OF 2020 (MV-I)
BETWEEN:
SRI. HARISH M.,
S/O. LATE MOHAN BABU G. M.,
AGE 35 YEARS,
R/O.NO. 184/A, 12TH MAIN,
MANJUNATHNAGAR,
RAJAJINAGAR, BANGALORE-560 010.
...APPELLANT
(BY SRI. SURESH M. LATHUR, ADVOCATE (VC))
AND:
1. SRI. PARAMESH P. C.,
S/O. CHANDRAIAH,
NO.13, MARUTHI NAGAR,
KIRLOSKAR COLONY,
Digitally signed by OPP. LAKSHMI NAGAR,
AASEEFA BASAVESHWARANAGAR,
PARVEEN
BANGALORE-560 079.
Location: HIGH
COURT OF
KARNATAKA 2. THE MANAGER,
BHARTI AXA GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, FIRMS ICON SURVEY-28,
DODDANAKUNDI VILLAGE,
K. R. PURAM, BANGALORE-560 037.
...RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE
FOR SRI. B. PRADEEP, ADVOCATE FOR R2,
V/O. DATED 14.06.2023, NOTICE TO R1 DISPENSED WITH)
-2-
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MFA No. 209 of 2020
HC-KAR
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 11.09.2019 PASSED ON
MVC NO.3201/2018 ON THE FILE OF THE XVIII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT,
BENGALURU (SCCH-4), 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 DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Suresh.M.Latur who appears through video
conference and represents the appellant. Also heard
Sri.Mallikarjuna Reddy.N.A who represents Sri.Pradeep.B,
learned counsel on record for respondent No.2.
2. Aggrieved by the sum that is awarded as
compensation by the Motor Accident Claims Tribunal,
Bengaluru through orders in MVC No.3201/2018 dated
11.09.2019, the present appeal is filed by the claimant.
3. Learned counsel for the appellant submits that
the appellant sustained grievous injuries in a road traffic
accident. The appellant as a driver by profession was
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earning Rs.15,000/- p.m. Due to the injuries sustained the
appellant became permanently and completely disabled.
Though sufficient proof was produced in respect of the
disability, the Tribunal erroneously took the disability as
12% in respect of whole body. Learned counsel submits
that the appellant underwent a surgery also. Yet the
Tribunal did not award fair sum as compensation under
any heads and therefore, the present appeal is filed.
Learned counsel thereby seeks to enhance the
compensation and grant the amount claimed.
4. Per contra the submission that is made by
Sri.Mallikarjuna Reddy who represents respondent No.2 is
that the Tribunal awarded huge sum of Rs.50,000/- under
the head pain and suffering. Learned counsel also states
that the compensation that is granted under all other
heads is also justifiable. Learned counsel ultimately states
that the award of the Tribunal requires no interference
except in respect of enhancing a marginal amount under
the head loss of future earnings.
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5. Except producing the copy of the driving
license, the appellant did not produce any other evidence
in respect of his occupation and earnings by the date of
accident. However, having considered the fact that the
accident occurred in the year 2017 and as the Karnataka
State Legal Services Authority is also taking the notional
income for the relevant period as Rs.11,000/- p.m., this
Court considers desirable to take the notional income as
Rs.11,000/- p.m. Though the learned counsel for the
appellant stated that the disability in respect of whole
body assessed by the Tribunal is wrong, yet having
considered the findings of the Tribunal with regard to the
evidence of Pw.2 and the nature of injuries sustained, this
Court is of the view that the Tribunal rightly assessed the
disability in respect of whole body as 12%. Thus without
disturbing other parameters, the compensation which the
appellant is entitled to receive under the head loss of
future earnings will be Rs.2,53,440/-
(Rs.11,000X12X16X12%). The Tribunal through the
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impugned order awarded a sum of Rs.2,31,000/- under
the head loss of future earnings. Thus the enhancement
will be Rs.22,440/- (Rs.2,53,440-Rs.2,31,000).
6. The Tribunal awarded a sum of Rs.50,000/-
under the head pain and suffering, Rs.8,000/- under the
head medical expenses, Rs.50,000/- under the head loss
of income during laid up period, Rs.40,000/- towards food,
nourishment and attendant charges, Rs.50,000/- towards
loss of future amenities and happiness and Rs.20,000/-
under the head future medical expenses. The sum thus
awarded as compensation under each head is justifiable in
the light of the injuries sustained by the appellant, the
treatment which he took and also basing on the disability.
Therefore, this Court is of the view that globally the
appellant is entitled to an additional sum of Rs.50,000/- as
compensation.
7. Thus, the appeal is disposed of with the
following:
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ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal, Bengaluru
through orders in MVC No.3201/2018
dated 11.09.2019 is enhanced by
Rs.50,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.2 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of certified
copy of this order.
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
