The High Court partly allowed the first appeal against the award of the Motor Claims Tribunal. The Court enhanced the total compensation from Rs.4,33,640/- to Rs.4,86,680/- based on a notional income of Rs.9,000 per month and the specific injuries sustained by the claimant.
Enhanced compensation awarded to Rs.4,86,680/-; appeal allowed to this extent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1550 OF 2018 (MV-I)
BETWEEN:
SRI BYRESH S/O GAVIYAPPA NOW AGED ABOUT 32 YEARS R/A NO.E-342-275, 3RD CROSS CAUVERY NAGAR HUNASEMARA 2ND STAGE BANASHANKARI, BANGALORE-560 070.
…APPELLANT
(BY SRI. KAMALA D K., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. D VIJAYAKUMAR, ADVOCATE FOR R1; V/O DATED 24.11.2023 NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.03.2017 PASSED IN MVC NO.06/2016 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the M.V. Act arises from the judgment and award dated 22.03.2017, passed by the X Addl. Judge, Court of Small Causes, Bengaluru, in MVC No.06/2016.
| Pain and Suffering | : | Rs. | 80,000/- |
|---|---|---|---|
| Medical Expenses | : | Rs. | 54,000/- |
| Loss of Amenities | : | Rs. | 30,000/- |
| Food and nourishment, conveyance | Rs. | 27,000/- | |
| And attendant charges) | |||
| Loss of future earning due to disability | : | Rs. | 2,38,680/- |
| (Rs.9,000 X 12 X 17 X 13/100) | |||
| Loss of income during laid up period | : | Rs. | 42,000/- |
| Future Medical Expenses | : | Rs. | 15,000/- |
| TOTAL | : | Rs. | 4,86,680/- |
NC: 2024:KHC:28239 MFA No. 1550 of 2018
The appeal is disposed of.
Sd/JUDGE
HR
1 issue framed by the court
What is the appropriate quantum of compensation for injuries sustained in a road traffic accident?
2 provisions across 1 enactments
Sri Byresh
The Regional Manager M/s Reliance Gen Ins Co Ltd
Ramaswamy K R
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
