Karnataka High Court
Mr. Chandrashekar vs United India Insurance Co. Ltd on 17 September, 2025
-1-
NC: 2025:KHC:37180
MFA No. 3791 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.3791 OF 2024(MV-I)
BETWEEN:
MR. CHANDRASHEKAR,
S/O VEERABADRAPPA,
AGED ABOUT 42 YEARS,
R/AT NEW TATA HAVEN,
DASANAPURA HOBLI,
BENGALURU DISTRICT.
...APPELLANT
(BY SRI. D.M. LOHITH, ADVOCATE)
Digitally signed
by AASEEFA AND:
PARVEEN
Location: HIGH 1. UNITED INDIA INSURANCE CO. LTD.,
COURT OF
KARNATAKA BY ITS MANAGER, T. P.CLAIMS HUB,
5TH AND 6TH FLOOR,
KRUSHI BHAVANA,
HUDSON CIRCLE,
BENGALURU-560 002.
2. GANGADHAR,
S/O. NEELAPA,
-2-
NC: 2025:KHC:37180
MFA No. 3791 of 2024
HC-KAR
R/AT NEELANAHALLI,
S. BIDARE, KADUR,
CHIKKAMANGALORE,
DISTRICT-577 101.
...RESPONDENTS
(BY SRI. MOHAN KUMAR T., ADVOCATE FOR R1;
R2- SERVED)
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.15.09.2023 PASSED IN MVC
NO.5702/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF
SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY
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
-3-
NC: 2025:KHC:37180
MFA No. 3791 of 2024
HC-KAR
ORAL JUDGMENT
At request of Sri.Lohith.D.M. who represents
Sri.Gurudev Prasad.K.T learned counsel on record for the
appellant as well as Sri.Mohan Kumar.T learned counsel
for respondent No.1, the matter is taken up for final
hearing and disposal.
2. Challenge in this appeal is the award that is
passed by the Principal Motor Accident Claims Tribunal,
Bengaluru in MVC No.5702/2021 dated 15.09.2023. This is
a claimant's appeal. On the ground that the compensation
that is granted by the Tribunal is grossly low, the appellant
is before this Court.
3. Learned counsel for the appellant submits that
the appellant sustained multiple injuries in a road traffic
accident and underwent surgery. But without considering
the evidence produced, the Tribunal awarded meager sum
as compensation. Learned counsel also states that the
appellant as a manager in a private company was earning
NC: 2025:KHC:37180
HC-KAR
₹30,000/- per month. However, the Tribunal took the
notional income of the appellant as ₹14,000/- per month
unjustifiably. Learned counsel thereby seeks for
enhancement in compensation.
4. On the other hand, the submission that is made
by learned counsel for respondent No.1 is that the award
of the Tribunal is valid in all aspects. Learned counsel
states that the appellant failed to produce any proof with
regard to his occupation and income and therefore, the
Tribunal took the notional income as ₹14,000/- per month
for the purpose of calculating the compensation.
5. In reply to the said submission, learned counsel
for the appellant states that the accident occurred in the
year 2021 and for the relevant period the Karnataka State
Legal Services Authority is taking the notional income as
₹15,000/- per month for settlement of claims and atleast
the said figure should have been adopted by the Tribunal.
NC: 2025:KHC:37180
HC-KAR
6. The appellant failed to produce any substantive
proof with regard to his occupation and income by the
date of accident. However, having considered the
submission thus made by learned counsel for the
appellant, this Court considers desirable to take the
notional income of the appellant as ₹15,000/- per month.
On taking the notional income as ₹15,000/- per month
and without disturbing other parameters i.e., applying the
appropriate multiplier '15' and disability in respect of
whole body as 10%, the compensation which the appellant
is entitled to receive under the head loss of future
earnings is ₹2,70,000/- (₹15,000/- X 12 X 15 X 10%). The
Tribunal granted a sum of ₹2,52,000/- only under the said
head. Thus the enhancement will be ₹18,000/-
(₹2,70,000/- - ₹2,52,000/-).
7. In the same manner, having taken the notional
income as ₹15,000/- per month, the loss of income during
laid up period comes to ₹45,000/- (₹15,000/- X 3). The
Tribunal granted a sum of ₹42,000/- only under the said
NC: 2025:KHC:37180
HC-KAR
head. Thus, enhancement will be ₹3,000/- (₹45,000/- -
₹42,000/-).
8. Undisputedly, the appellant sustained four
simple injuries and one grievous injury. Therefore, this
Court is of the view that the appellant is entitled to a sum
of ₹50,000/- under the head pain and suffering. However,
the Tribunal granted a sum of ₹40,000/- only. Thus, the
enhancement will be ₹10,000/- (₹50,000/- - ₹40,000/-).
Thus, the appellant is entitled to receive a sum of
₹31,000/- (₹18,000/- + ₹3,000/- + ₹10,000/-) in total in
addition to the sum that is awarded by the Tribunal.
Therefore, the appeal is disposed of with the following:
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.5702/2021 dated 15.09.2023
is enhanced by ₹31,000/-.
NC: 2025:KHC:37180
HC-KAR
(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 122 days as per orders in
I.A.No.1/2024.
(iv) Respondent No.1 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
DS
CT:TSM
