Karnataka High Court
Sri Umesha S C vs M/S Royal Sundaram on 4 March, 2025
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NC: 2025:KHC:9156
MFA No. 201 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 201 OF 2014 (MV-I)
BETWEEN:
SRI.UMESHA S.C.,
S/O CHANNAIAH S.K.,
AGED ABOUT 26 YEARS
R/A NO.157/2, 10TH CROSS
MUNESHWARA LAYOUT,
LAGGERE, BANGALORE NORTH
BANGALORE -560 058
...APPELLANT
(BY SRI. H.B.SOMAPUR, ADVOCATE)
AND:
1. M/S ROYAL SUNDARAM
ALLIANCE INSURANCE CO. LTD.
BY ITS MANAGER
NO.132, BALAJI SOVEREIGN
2ND FLOOR, BRIGADE ROAD
Digitally NEAR BRIGADE TOWER
signed by BANGALORE- 560 025
SUVARNA T
2. SRI.SHIVANANJAIAH
Location: S/O HOTTE NANJAIAH
HIGH
COURT OF NO.105, BAGALAGUNTE
KARNATAKA NELAMANGALA ROAD
NELAMANGALA
BANGALORE- 562 123
...RESPONDENTS
(BY SRI. O.MAHESH, ADVOCATE FOR R1
V/O/D 11/1/2016 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.7.2013 PASSED IN MVC
NO.2794/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL
CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT,
-2-
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MFA No. 201 of 2014
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the award passed in M.V.C.No.2794/2012
dated 31.07.2013 by the XIII Additional Judge and Member
Motor Accident Claims Tribunal, Court of Small Causes,
Bangalore, the appellant/claimant is before this Court seeking
enhancement of the compensation.
2. The facts of the case are that on 11.02.2012 at about
11:30 p.m., the appellant/claimant along with others were
walking on the left side of the road. At that time, the driver of
the offending vehicle came from behind in a rash and negligent
manner with high speed and dashed against the appellant and
others. As a result, he fell down and sustained injuries all over
the body. Several claimants have filed several cases and they
were disposed of by way of a common order. As far as the
present appellant is concerned, it is his case that he was aged
about 25 years, working as mason and earning income of an
amount of Rs.7,500/- per month. He has suffered fracture to
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the right ring finger and grievous injuries all over the body and
he has incurred medical expenditure of an amount of
Rs.50,000/- and because of the injuries sustained, he has
become permanently disabled.
3. According to the claimant, he has suffered permanent
disability of 10% to the whole body. In Ex.P10, the age of the
appellant is shown as 25 years and in Ex.P19, it is shown as 32
years and the trial Court had taken 30 years and the multiplier
applied is 18. As there was no evidence on record, the Court
had taken the income of the claimant at Rs.4,500/- per month.
Towards pain and sufferings, the Court had granted an amount
of Rs.15,000/- and as there is no evidence with regard to the
medical and other incidental expenses, the Court had granted
an amount of Rs.3,000/- and when it comes to loss of future
income, taking income at Rs.4,500/-, disability at 10% and
applying the multiplier of 18, the Court had granted an amount
of Rs.64,800/- and towards loss of amenities and comfort, an
amount of Rs.30,000/- was granted. Altogether, compensation
of an amount of Rs.1,12,800/- was granted by the Tribunal.
Aggrieved thereby, the claimant is before this Court seeking
enhancement of the compensation.
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4. Basing on the evidence, the trial Court had granted the
compensation as per the table given below:
Heads Compensation
Awarded
1. Pain and sufferings : Rs. 15,000/-
2. Medical and other : Rs. 3,000/-
incidental
Loss of future income
3. (4,500x12x10/100x18) : Rs. 64,800/-
Loss of amenities & :
4. Rs. 30,000/-
comfort
TOTAL : Rs. 1,12,800/-
5. Learned counsel appearing for the appellant/claimant
submits that the claimant had suffered disability of 10% and
when it is his case that he was earning an amount of
Rs.7,500/- per month, the trial Court ought to have taken the
income at Rs.7,500/- per month and considering the
amputation suffered by the claimant, an amount of Rs.15,000/-
granted towards pain and suffering is on the lower side.
Further, when there is an amputation and the claimant was
hospitalized, the Court had granted only an amount of
Rs.3,000/- towards medical and other incidental expenses. It is
submitted that an amount of Rs.30,000/- granted towards loss
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of amenities is also not reasonable. It is submitted that the
compensation granted by the trial Court needs to be enhanced.
6. Learned counsel appearing for respondent No.1/
Insurance Company submits that the trial Court had considered
all the aspects and in fact, the amount that is granted by the
trial Court is on the higher side. He submits that the Court had
granted interest at the rate of 8% p.a. instead of granting 6%
p.a. He submits that the Court had taken the age of the
claimant as 30 years, where the multiplier applicable is 16, but
the Court has applied multiplier of 18. Further, he submits that
the notional income is rightly taken at Rs.4,500/- per month. It
is submitted that as per the judgment of the Division Bench of
this Court, the Court has to take the notional income but not
according to the chart prepared by the Legal Services
Authority. In that case, an amount of Rs.4,500/- taken as
income per month is a reasonable amount and no interference
is called for with the order passed by the Tribunal on this count.
7. Having heard the learned counsels on either side,
perused the entire material on record. The claimant is before
this Court seeking enhancement of the compensation granted
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by the Tribunal. The Insurance Company has not preferred any
appeal. So as far as the disability aspect is concerned, as per
the evidence on record and as per the order passed by the
Tribunal, he has suffered 10% disability to the whole body.
Coming to the income, the accident had taken place in the year
2012. The Courts are following the chart prepared, considering
the notional income for the particular years. Hence, this Court
is inclined to take the income as per the chart which is an
amount of Rs.7,000/- per month for the year 2012.
8. There is amputation and towards pain and sufferings,
an amount of Rs.15,000/- that is granted by the Tribunal is on
the lower side and the same is enhanced to an amount of
Rs.30,000/-. The trial Court had not granted any amount
towards attendant, nourishment and transport. Considering the
nature of injury, this Court is granting an amount of
Rs.15,000/- towards attendant, nourishment and
transport. When it comes to loss of future income, this Court
is taking the income of the claimant at Rs.7,000/-. But as far as
the multiplier is concerned, as the trial Court had taken the age
of the claimant as 30 years, the multiplier applicable is 16, but
the court applied multiplier 18. If the multiplier 16 is applied by
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taking an amount of Rs.7,000 as income, it would come to
Rs.7,000x12x16x10/100 = Rs.1,34,400/- towards loss of
future income. Coming to loss of income, considering the
amputation, for three months, this Court is granting
Rs.7,000x3 = Rs.21,000/- towards loss of income during
the laid up period. Towards loss of amenities and medical and
other incidental expenses, the trial Court had granted an
amount of Rs.30,000/- and Rs.3,000/- respectively and this
Court is not interfering with the same.
9. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA VS. M. MALATHI
AND ANOTHER1, the claimant is entitled for an amount of
Rs.10,000/- towards Legal Expenses. Altogether, the
claimant is entitled for compensation of an amount of
Rs.2,43,400/-.
10. The claimant is therefore, entitled to the
compensation under the following heads:
(2014) 11 SCC 178
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Heads Compensation Compensation
Awarded by Awarded by
Tribunal this Court
1. Pain and Sufferings : Rs. 15,000/- 30,000/-
2. Medical and other : Rs. 3,000/- 3,000/-
incidental
Loss of future income
3. : Rs. 64,800/- 1,34,400/-
(Rs.7,000x12x16x10/100)
Loss of income during :
4. Rs. 00/- 21,000/-
the laid up period
Loss of amenities &
5. : Rs. 30,000/- 30,000/-
comfort
Attendant
6. nourishment and : Rs. 00/- 15,000/-
transport
7. Legal Expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 1,12,800/- 2,43,400/-
Enhancement : Rs. 1,30,600/-
11. Accordingly, the appeal filed by the appellant/
claimant is allowed-in-part.
i. The compensation is enhanced from an amount of
Rs.1,12,800/- to Rs.2,43,400/- and the
Insurance company is liable to pay the
compensation.
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ii. The enhanced amount shall carry interest @ 6%
per annum from the date of petition till the date
of realization.
iii. The trial Court had directed the amount to be
deposited in Karnataka Bank, City Civil Court
Branch, Bangalore, for period of 5 years and as
this is an order passed in the year 2013, the
appellant/claimant is at liberty to withdraw the
entire amount.
iv. Registry is directed to return the Trial Court
Records to the Tribunal, along with certified copy
of the order passed by this Court forthwith
without any delay.
v. No costs.
vi. Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
