Adinarayana P N Vs Chandrashekar S

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 06.11.2024 PASSED IN MVC NO.1231/2023 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU SCCH-25, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 06.11.2024 passed in MVC No.1231/2023, by the XXIII Additional Small Causes Judge, Bengaluru SCCH-25, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per tribunal for the sake of convenience.

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3 - NC: 2026:KHC:14522 MFA No. 3799 of 2025

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HC-KAR

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The petitioner/injured claimant had filed petition before the tribunal for compensation of ₹ 25,00,000/-. The trial Court considering the entire evidence on record granted an amount of ₹ 2,07,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Aggrieved by the said order, this appeal is filed.

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Learned counsel for the appellant contended that the appellant was an agriculturist aged 31 years and earning ₹ 20,000/- per month and due to the accidental injuries suffered disability to an extent of 20% to the whole body and lost his future earning capacity.

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To prove his case, the appellant before the tribunal examined PW1 to PW23 and marked Exs.P1 to P22. As per Ex.P5-wound certificate, appellant sustained soft tissue injury, alveolar fracture, undisplaced fracture of zygomatic arch and other injuries. PW3-Doctor has assessed the disability at 20% to the whole body but the same was not considered by the Tribunal and no amount is

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4 -

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NC: 2026:KHC:14522 MFA No. 3799 of 2025

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HC-KAR

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awarded under the head loss of future income and future medical expenses. Interest is to be granted at 10% and therefore, requested for enhancement.

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Learned counsel for the respondent stated that he sustained injuries to the face and he was working as an agriculturist, as such, it will not have any impact on his work and thus Tribunal has rightly considered the said aspect and not granted any amount under the head loss of future earning capacity and it is to be confirmed. He further stated that the amounts granted under the other heads are reasonable and needs no interference.

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Petitioner met with an accident in the year 2022. Though he stated that he was doing agriculture and was earning ₹ 20,000/-, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as ₹ 15,500 per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 31 years as per Exhibit P10 and

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5 - NC: 2026:KHC:14522 MFA No. 3799 of 2025

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HC-KAR

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the multiplier is '16'. The petitioner also examined Professor and HOD of Department of Dentistry as PW2 and he stated that the petitioner sustained the following injuries:

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(i) Soft tissue injury; (ii) Alveolar Fracture;

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(iii) Undisplaced Fracture of Zygomatic Arch; and assessed the whole body disability at 20%.

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The counsel for the respondent submitted that it will not have any impact on his work. Basically he was an agriculturalist. If he could not chew the food properly and was suffering from weakness, definitely it will have impact on his work. Therefore, this Court finds that it is just unreasonable to take disability 1/3^rd of 20% as 7%. The injured was 31 and the multiplier is '16'

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Therefore, 15,000 x 12 x 16 x 7% = ₹ 2,08,320/- is granted towards loss of future earning capacity. He was hospitalized for a period of 5 days.

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HC-KAR

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Tribunal granted ₹ 96,194/- towards medical expenses as per the Ex.P10 and Ex.P15 and the said amount is confirmed. Considering the nature of injuries, period of hospitalisation, the Tribunal granted ₹ 55,000/- for pain and suffering and ₹ 20,000/- towards loss of amenities and the same is confirmed. The claimant is entitled for a sum of ₹ 30,000/- towards transportation, extra nourishment and attendant charges. He might not have attended any other work atleast for a period of 3 months. Therefore, a sum of ₹ 46,500/- (15,500 x 3) is to be granted under the head loss of income during laid up period.

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Thus in all, compensation awarded by this court are as below:

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HC-KAR

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Particulars Amount
in Rs.
Loss of future income 2,08,320.00
Pain and suffering 55,000.00
Loss of amenities 20,000.00
Food and nourishment 30,000.00
Loss of income during laid 46,500.00
down period
medical expenses 96,194.00
Total 4,56,014.00

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Hence, the appellant-claimant is entitled for a total

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enhanced compensation of ₹ 2,49,014/- along with

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interest at the rate of 6% p.a.

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