Mr Muniswamy Vs the Managing Director

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1 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4962 OF 2015 (MV-I)

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BETWEEN:

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MR MUNISWAMY S/O PERIYASWAMY, AGED ABOUT 73 YEARS, R/O VENKATASWAMY REDDY LAYOUT, 1^ST CROSS, NEAR R.R. BALCONY, UDAYANAGAR BEHIND TIN FACTORY, BENGALRU, BANGALORE-560 016.

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…APPELLANT

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(BY SRI. M. ANIL KUMAR., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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THE MANAGING DIRECTOR B.M.T.C., DOUBLE ROAD, SHANTHINAGAR, BANGALURU-560 054.

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THE DEIVISIONAL MANAGER THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE-4, NO.19/19/1, SOUTH END ROAD, BASAVANAGUDI, BENGALURU-560 001.

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…RESPONDENTS

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(BY SMT. RENUKA H R., ADVOCATE FOR R1, V/O DTD. 26.06.2021, SRI. ARUN PONNAPPA, ADVOCATE FOR R2)

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2 -

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NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 7.6.2011 PASSED IN MVC NO.10006/2008 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 7.6.2011 passed in MVC No.10006/2008 on the file of the 12th Additional Small Causes Judge, Member, MACT, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for the appellant and learned counsel for respondent Nos.1 and 2. The ranks of the parties are retained as per tribunal for the sake of convenience.

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The Injured claimant filed this claim petition claiming compensation of Rs.6,00,000/-. The Tribunal

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3 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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considered the entire evidence on record and granted Rs.2,09,600/- along with interest at the rate of 6% p.a., from the date of petition till realisation.

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Aggrieved by the said order, they preferred an appeal and mainly contended that the appellant was aged 66 years, working as a security guard at Royal Tours and Travels and was earning Rs.5,000/- per month. It is submitted that due to the accident, the petitioner sustained grievous injuries. He examined the doctor and the doctor assessed the disability as 35% to right lower limb and 10% to right upper limb and 15% to the whole body. But the tribunal erred in taking the disability as 12%. Further, the interest is to be granted at the rate of 9%. The amounts granted under the other heads are meager. Therefore, requested for enhancement of the compensation.

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Though learned counsel for the petitioner stated that he was earning Rs.5,000/- per month, he has not filed any income proof. As he met with an accident in the

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4 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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year 2009, this Court finds it reasonable to take his notional income as Rs.5,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 66 years and the relevant multiplier taken is ‘5’.

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The documents filed under Ex.P4 is the wound certificate

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and Ex.P5 is the discharge summary. The petitioner

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sustained injuries as below,

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1. Inter conylax fracture right elbow,

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1. Fracture neck of right femur,

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Both the injuries sustained are stated to be grevious in nature. He was admitted as an inpatient from 12.11.2008 to 18.11.2008 i.e., for 7 days and underwent the following procedures,

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a) Bipolar hemiarthoplasty right hip INOR 45m on 13.11.2008 and

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b) Open reduction internal fixation to fracture intercondylar humerus with medial pillar recon plate and CCS.

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5 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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PW2/doctor for clinical and radiological

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examination stated the nature of injuries, in detail in paragraph No.13 of the judgment in MVC No.10006/2008 and assessed permanent physical disability of right lower limb as 35% to the right lower limb, 10% to the right upper limb and 15% disability to the whole body. Therefore, this court finds it reasonable to take the disability as 15% instead of 12%. Hence, the loss of future earning capacity comes to Rs.5,000 x 12 X 5 x 15%

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= Rs.45,000 /-. He was admitted in the hospital for a period of 7 days. Considering the nature of injuries and period of hospitalisation and other relevant factors, this Court finds that it reasonable to grant an amount of Rs.60,000/- towards pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000 /- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 4 months due to the injuries sustained in the accident. Therefore, he is entitled for Rs.20,000/-

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6 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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under the head loss of income during laid up period. The Tribunal had already granted Rs.1,23,000/- towards medical and incidental expenses and also Rs.12,000/- towards future medical expenses and the said amounts are

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confirmed.

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Thus in all, components awarded by this court are as below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Loss of future earning capacity	45,000
2	Pain and suffering	60,000
3	Loss of amenities	30,000
4	Transportation, extra nourishment and attendant charges.	30,000
5	Loss of income during laid down period	20,000
6	Future medical expenses	12,000
7	Medical and incidental expenses	1,23,000
	Total	3,20,000

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Hence, the compensation granted by tribunal is

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enhanced from Rs.2,09,600/- to Rs.3,20,000 /- along with interest at the rate of 6% p.a.

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7 - NC: 2026:KHC:26268 MFA No. 4962 of 2015

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 07.06.2011 passed in MVC No.10006/2008 on the file of the 12th Additional Small Causes Judge, Member, MACT, Bengaluru, is modified.

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iii. The claimant is entitled to a sum of Rs.3,20,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,09,600/granted by the tribunal.

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iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of

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