Sri. Mahadeva N vs Sri. Binay Kumar Das
2025 Latest Caselaw 1211 Kant

Karnataka High Court

Sri. Mahadeva N vs Sri. Binay Kumar Das on 4 June, 2025

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                                                     NC: 2025:KHC:18880
                                                  MFA No. 6234 of 2017


              HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 4TH DAY OF JUNE, 2025

                                      BEFORE
                       THE HON'BLE MR JUSTICE C.M. POONACHA
              MISCELLANEOUS FIRST APPEAL NO. 6234 OF 2017 (MV-I)
             BETWEEN:

             SRI. MAHADEVA N,
             S/O SRI. MALLAIAH
             AGED ABOUT 41 YEARS
             RESIDING AT NO.2, 1ST FLOOR,
             BEML ROAD, CHANNASANDRA,
             BANGALORE 560 098.
                                                             ...APPELLANT
             (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)

             AND:

             1.    SRI. BINAY KUMAR DAS
                   S/O DURGA MADHABA DAS,
                   AGED ABOUT 24 YEARS
                   RESIDING AT NO.467,
                   M.S.P.G, 2ND CROSS,
                   3RD MAIN ROAD,
                   GLOBAL VILLAGE,
Digitally          MYLASANDRA KENGERI,
signed by          BANGALORE 560 098.
BHARATHI S
Location:    2.    HDFC ERGO GENERAL
HIGH               INSURANCE COMPANY LIMITED,
COURT OF           LEELA BUSINESS PARK,
KARNATAKA          6TH FLOOR, ANDHERI KURLA ROAD,
                   MUMBAI 400 059.
                   REPRESENTED BY AUTHORISED SIGNATUORY
                                                           ...RESPONDENTS
             (BY SRI. H S LINGARAJU, ADVOCATE FOR R2
              NOTICE TO R1 IS DISPENSED WITH V/O DTD 23.03.2023)

                  THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 18.05.2017 PASSED IN MVC
             NO.4806/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
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                                                         NC: 2025:KHC:18880
                                                       MFA No. 6234 of 2017


    HC-KAR



JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BENGALURU.
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

     THIS APPEAL, COMING ON FOR HEARING,                         THIS     DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:           HON'BLE MR JUSTICE C.M. POONACHA

                                   ORAL JUDGMENT

The present appeal is filed by the claimant under Section

173(1) of the Motor Vehicle Act, 19881 challenging the

judgment and award dated 18.05.2017 passed in

MVC.No.4806/2016 by the III Additional Senior Civil Judge and

Motor Accident Claims Tribunal, Bangalore (SCCH-18)2 seeking

for enhancement of compensation.

2. For the sake of convenience, the parties herein are

referred as per their rank before the Tribunal.

3. The relevant facts in a nutshell are that on

05.07.2015 when the claimant was proceeding on his motor

cycle another motor cycle came from wrong side and hit the

motorcycle in which the claimant was traveling, causing the

Hereinafter referred as to 'Act'

Hereinafter referred as to 'Tribunal'

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accident in question, whereunder he sustained grievous

injuries. Claiming compensation for the injuries sustained, the

claimant instituted claim proceedings arraying the owner and

insurer of the offending motor cycle as respondent Nos.1 and 2.

Respondent No.1 - owner remained ex-parte before the

Tribunal. Respondent No.2 - insurer contested the claim

proceedings. The Tribunal by its judgment and award dated

18.05.2017 partly allowed the claim petition and awarded a

compensation of `2,87,000/- together with interest at 9% per

annum and held respondent Nos.1 and 2 jointly and severally

liable to pay the compensation awarded. Respondent No.2 -

insurer was directed to deposit the compensation awarded.

Being aggrieved the present appeal is filed by the claimant

seeking for enhancement of quantum of compensation.

4. Heard the submissions of learned counsel Sri.

Sharath Kumar Shetty, appearing for the appellant and learned

counsel Sri. HS Lingaraju, appearing for respondent No.2 -

insurer.

5. Learned counsel for the appellant contends that the

quantum of compensation awarded by the Tribunal is on the

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lower side and that the claimant despite having produced all

medical bills for a total sum of `1,45,586/-, without giving any

reason the Tribunal has awarded only a sum of `71,000/-

towards medical expenses. It is further contended that

compensation awarded on various other heads is also on the

lower side.

6. Per contra, learned counsel for respondent No.2 -

insurer justifies the compensation awarded by the Tribunal.

7. The submissions of both the learned counsels have

been considered and the material on record including the

records of the Tribunal have been perused.

8. The finding of the Tribunal on negligence and

liability are not under challenge and have attained finality.

Hence, the only aspect adjudicated upon in the present appeal

is with regard to enhancement of compensation awarded by the

Tribunal.

9. The claimant was aged 46 years as has been held

by the Tribunal by noticing the date of birth mentioned in the

driving license (Ex.P.13a). It is forthcoming from the wound

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certificate (Ex.P.6) and the discharge summary (Ex.P.15) that

the claimant sustained lacerated wound over plantar aspect of

the right great toe, degloving injury of right great toe with open

fracture of the proximal phalanx. The claimant was treated as

inpatient from 05.07.2015 to 08.07.2015 and he was

discharged against medical advice due to financial constraints.

10. Doctor (PW.2) has deposed that the claimant has

disability of the right fore foot with deformity and sensory loss.

It is further deposed that he cannot stand and work for long

periods and has moderate pain in his foot, ankle and toe of his

right leg. PW.2 has assessed disability to the lower limb at 34%

and the total body disability at 11.3%. The Tribunal considering

the aspect of disability noticed that PW.1 in his cross-

examination has deposed that he continued work and hence,

awarded a sum of `1,00,000/- towards loss of disablement.

Although, PW.1 has deposed in the cross-examination that he

has continued to work, the nature of injuries having been

admitted and keeping in mind the testimony of the doctor

(PW.2) it is just and proper that the disability of the claimant

be re-assessed at 5%.

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11. The claimant has deposed that he was working as a

mason. However, no documents have been produced to prove

the income. Hence, the income to be assessed as notional

income. The Tribunal has assessed the income at `8,000/- pm,.

However, keeping in mind the date of accident, the income of

the claimant be re-assessed at `9,000/- pm,.

12. Having regard to the aforementioned, the

compensation is re-assessed as follows:

i. Having regard to the nature of injuries sustained

the compensation awarded towards pain and suffering is at

`30,000/- as against `25,000/- awarded by the Tribunal.

ii. Loss of income has been assessed by the Tribunal

for the period of three months, accordingly, a compensation of

`(9000/- X 3)= `27,000/- is to be awarded towards loss of

income during laid up period as against `25,000/- awarded by

the Tribunal.

iii. Although, the claimant has produced medical bills

(Ex.P.12) for a total sum of `1,45,586/- the Tribunal has

awarded only a sum of `71,000/-. Upon re-appreciation of the

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medical bills produced it is noticed that a sum of `37,701/- is

required to be deducted from the total medical bills produced.

Hence, the medical expenses is re-assessed at a sum of

`1,07,885/- rounded off to `1,10,000/-.

iv. Having regard to the nature of injuries sustained

and the resultant disability, the loss of amenities is re-

assessed at `30,000/- as against `25,000/- awarded by the

Tribunal.

v. Having regard to the nature of injuries sustained

and the period of treatment, it is just and proper what the

compensation of `15,000/- be awarded towards food, nutrition

and attendant charges as against `6,000/- awarded by the

Tribunal.

vi. The compensation towards loss of disability is re-

assessed as `(9,000/- X 12 X 13 X 5% )= `70,200/- as against

`1,00,000/- awarded by the Tribunal.

vii. The Tribunal has awarded sum of `35,000/-

towards future medical expenses. It is noticed that PW.2 has

deposed that claimant will be required to under go another

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surgery. Hence, the compensation awarded towards the same

is just and proper.

13. In view of the aforementioned, the compensation

re-assessed is as follows:

Sl.No Compensation Head Amount Amount awarded Awarded by the by this Court (`) Tribunal (`)

1 Pain and suffering 25000.00 30000.00

2 Towards disablement 100000.00 70200.00

3 Towards loss of 25000.00 30000.00 amenities

4 Towards food, 6000.00 15000.00 nourishment and attendant charges

5 Towards loss of income 25000.00 27000.00 during laid up period and rest period

6 Towards medical 71000.00 110000.00 expenses

7 Towards future medical 35000.00 35000.00 expenses

Total 287000.00 317200.00

14. Accordingly, the Claimant is entitled to enhanced

compensation of (`3,17,200/- - `2,87,000/-) = `30,200/-.

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15. Taking judicial notice of the rate of interest awarded

towards fixed deposits interest on the enhanced compensation

is awarded as 7% pa.

16. In view of the aforementioned, the following:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 18.05.2017 passed in MVC.No.4806/2016 by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18), is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The appellant/claimant is entitled to an enhanced compensation of `30,200/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) Respondent No.2 - insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment;

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v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant;

vi) The Registry to draw the modified award

accordingly;

vii) Records be transmitted to the Tribunal forthwith.

No costs.

SD/-

(C.M. POONACHA) JUDGE

PNV