Karnataka High Court
Sri. Munna Koushal @ Munna Kousar vs The Managing Director on 22 September, 2025
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NC: 2025:KHC:38016
MFA No. 4216 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.4216 OF 2024(MV-I)
BETWEEN:
SRI. MUNNA KOUSHAL @ MUNNA KOUSAR,
S/O. SHIVASHANKAR PRASAD,
AGED ABOUT 38 YEARS,
R/AT NO. 34/1,
2ND CROSS, NANJAMMA LAYOUT,
MANORAYANA PALYA,
R.T. NAGAR,
Digitally signed by BENGALURU-560 032.
AASEEFA PARVEEN
Location: HIGH ...APPELLANT
COURT OF
KARNATAKA
(BY SRI. K.V. NAIK, ADVOCATE (VC))
AND:
THE MANAGING DIRECTOR,
BMTC, K.H. ROAD,
SHANTHI NAGAR,
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NC: 2025:KHC:38016
MFA No. 4216 of 2024
HC-KAR
BENGALURU-560 027.
...RESPONDENT
(BY SRI. NAGARAJA K, ADVOCATE (VC))
THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.02.02.2024 PASSED IN
MVC NO.5036/2022 ON THE FILE OF THE XVIII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT,
BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2025:KHC:38016
MFA No. 4216 of 2024
HC-KAR
ORAL JUDGMENT
Heard Sri.K.V.Naik learned counsel for the appellant
who appears before this Court physically. Also heard
Sri.Nagaraja.K learned counsel for the respondent who
appears through video conference. At request of both the
learned counsel, the matter is taken up for final hearing
and disposal.
2. Dissatisfied with the sum that is awarded as
compensation by the Motor Accident Claims Tribunal,
Bengaluru, through Orders in MVC No.5036/2022 dated
02.02.2024, the claimant therein has filed the present
appeal.
3. Arguing the matter learned counsel for the
appellant contends that the appellant by working as
carpenter and interior designer was earning ₹25,000/- per
month by the date of accident. However, the Tribunal took
the notional income as ₹15,500/- per month. Learned
counsel also states that the appellant sustained grievous
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injuries in a road traffic accident and became permanently
and completely disabled. But the Tribunal awarded a sum
of ₹30,960/- only towards loss of income during laid up
period and attendant charges which is unjustifiable.
Learned counsel thereby seeks for enhancement in
compensation.
4. Vehemently opposing the submission thus
made, learned counsel for the respondent states that the
Tribunal granted huge sum of ₹80,000/- under the head
pain and suffering, ₹50,000/- towards food and
nourishment and ₹50,000/- towards future medical
expenses though appellant sustained only one grievous
injury. Learned counsel states that as the Tribunal
awarded excessive sum as compensation, the appeal is
not maintainable.
5. By all the evidence produced, the appellant
succeeded in establishing that he sustained fracture of
right 3rd and 5th metatarsal bones and also an injury over
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dorsum. Considering the evidence of PW4 and other
evidence produced, the Tribunal took the disability in
respect of whole body as 8% which needs no interference.
The Tribunal took the notional income of the appellant as
₹15,500/- per month which is also justifiable. However,
considering the injuries sustained and the treatment
taken, this Court is of the view that the appellant would
not have attended his normal pursuits atleast for a period
of four months. Thus, loss of earnings during laid up
period comes to ₹62,000/-.
6. The Tribunal failed to award any compensation
towards loss of amenities in life. The appellant is entitled
to a sum of ₹10,000/- towards amenities in life. Thus, the
total sum which the appellant is entitled to receive under
the head loss of income during laid up period and loss of
amenities in life is ₹72,000/- (₹62,000/- + ₹10,000/-).
Thus, additional sum which the appellant is entitled to
receive is ₹41,040/- (₹72,000/- - ₹30,960/-). Therefore,
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.5036/2022 dated 02.02.2024
is enhanced by ₹41,040/-.
(iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of petition
till the date of deposit.
(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 deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
