Karnataka High Court
Smt Umadevi vs Managing Director B M T C on 17 September, 2025
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MFA No. 4749 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.4749 OF 2024(MV-I)
BETWEEN:
SMT. UMADEVI
W/O LATE M KEMPAIAH,
AGED ABOUT 47 YEARS,
R/O. 339, 1ST MAIN ROAD,
8TH CROSS, MANJUNATHA NAGAR,
NAGASANDRA,
BANGALORE NORTH,
BANGALORE - 560073
NOW RESIDING AT
Digitally signed by
AASEEFA PARVEEN REDDYKATTE,
Location: HIGH
COURT OF CHIKKABIDARAKALLU VILLAGE,
KARNATAKA
NAGASANDRA POST,
BANGALORE - 560073
...APPELLANT
(BY SRI. SATHISHA T., ADVOCATE)
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MFA No. 4749 of 2024
HC-KAR
AND:
MANAGING DIRECTOR,
B. M. T. C.
CENTRAL DIVISION,
K.H.ROAD, SHANTHINAGARA,
BANGALORE - 560027.
...RESPONDENT
(BY SRI. K. NAGARAJA, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.10.2023 PASSED IN MVC
NO.1936/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL
CAUSES JUDGE, BENGALURU, SCCH-25, ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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MFA No. 4749 of 2024
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ORAL JUDGMENT
At request of Sri.Sathisha T., learned counsel for the
appellant who appears before this Court physically as well as
Sri.K.Nagaraja, learned counsel for the respondent who
appears through video conference, the matter is taken up for
final hearing and disposal.
2. The appellant who sustained injuries in a road
traffic accident filed a petition seeking compensation of
Rs.15,00,000/- in total. The Motor Accident Claims Tribunal,
Bengaluru, which dealt with the case as MVC No.1936/2021
rendered orders on 17.10.2023 holding that the appellant is
entitled to a sum of Rs.4,51,500/- as compensation. Projecting
that the sum thus awarded is grossly low, the present appeal is
filed.
3. Learned counsel for the appellant submits that the
appellant sustained two grievous injuries in a road traffic
accident. The appellant as a tailor was earning Rs.20,000/- per
month. However the Tribunal took the notional income of the
appellant as Rs.11,500/- per month. Learned counsel states
that the accident occurred in the year 2020 and for the relevant
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period, the Karnataka State Legal Services Authority is taking
the notional income as Rs.14,500/- per month for settlement of
claims and atleast said figure should have been adopted by the
Tribunal. Learned counsel contends that the compensation
granted by the Tribunal in all heads is on lower side. Learned
counsel thereby seeks for enhancement in compensation.
4. On the other hand, learned counsel for the
respondent states that the Tribunal having considered the
totality of evidence, granted justifiable sum as compensation
and therefore the award of the Tribunal needs no interference.
5. The Tribunal through the impugned order awarded
a sum of Rs.4,51,301/- rounded off to Rs.4,51,500/- as
compensation divided under the following heads:
Sl. Heads of compensation Amount in
No Rs.
1 Pain and suffering 40,000.00
2 Medical expenses 1,66,601.00
3 Loss of income during laid
11,500.00
up period
4 Loss of future income 1,93,200.00
5 Loss of future amenities
20,000.00
and happiness
6 Attendant, conveyance,
food and nourishment 20,000.00
charges
Total 4,51,301.00
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6. It is not in dispute that the appellant sustained
fracture of right 2nd and 3rd metatarsal bones as well as fracture
of right knee joint which are grievous in nature. Having
considered the evidence of PW2 the Tribunal rightly assessed
the functional disability in respect of whole body as 10%.
However, considering the submission that is made by the
learned counsel for the appellant in respect of notional income
to be taken, this Court considers desirable to take the notional
income of the appellant as Rs.14,500/- per month. Thus,
without disturbing the other parameters i.e. application of
multiplier '14' and 10% towards permanent and physical
disability the compensation which the appellant is entitled to
receive under the head loss of future earning is Rs.2,43,600/-
(14,500/- x 12 x 14 x 10%). The Tribunal granted a sum of
Rs.1,93,200/- only under the said head. Thus, the appellant is
entitled to receive an additional sum of Rs.50,400/-
(Rs.2,43,600/- minus Rs.1,93,200/-) under the head loss of
future earnings.
7. Considering the nature of injuries sustained and the
treatment taken, this Court is of the view that the appellant
would have taken bed rest atleast for a period of three months.
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Thus, loss of earning during laid up period comes to
Rs.43,500/- (Rs.14,500/- x 3). The sum that is granted as
compensation by the Tribunal towards loss of income during
laid up period is Rs.11,500/- only. Thus, enhancement will be
Rs.32,000/- (Rs.43,500/- minus Rs.11,500/-).
8. Also this Court is of the view that, the appellant is
entitled to a sum of Rs.50,000/- under the head pain and
suffering. However, the Tribunal awarded a sum of Rs.40,000/-
only. Thus, the enhancement will be Rs.10,000/- (Rs.50,000/-
minus Rs.40,000/-). Therefore, the total sum which the
appellant is entitled to receive in addition to the sum that is
awarded by the Tribunal is Rs.92,400/- (Rs.50,400/- +
Rs.32,000/- + Rs.10,000/-).
9. Therefore, the appeal is disposed of with the
following
ORDER
i) The appeal is allowed in part.
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ii) The compensation that is granted by the Motor
Accident Claims Tribunal, Bengaluru, through orders in MVC
No.1936/2021 dated 17.10.2023 is enhanced by Rs.92,400/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date of deposit,
except for the period of delay of 159 days as per orders in IA
No.1/2024.
iv) Respondent is directed to deposit the enhanced sum
within a period of eight weeks from the date of receipt of
certified copy of this judgment.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
