Parshwanatha J Vs Mahesh Kumar

S/O SHIVARAM SHETTY AGED ABOUT 45 YEARS R/AT PATEL HOUSE THEKKATTE GRAMA KUNDAPURA TALUK UDUPI DISTRICT – 576 231. (OWNER CUM DRIVER CAR BEARING REGISTRATION No. KA-42-8862).

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HC-KAR

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ALSO AT R/AT KUMARASWAMY LAYOUT 93 MAIN ROAD

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BENGALURU – 560 078.

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DIVISIONAL MANAGER THE INDIA INSURANCE CO. LTD. # 9/2, 2^ND FLOOR, MAHALAKSHMI CHAMBERS M.G. ROAD, BENGALURU- 560 001. POLICY No. 98000031210110458708 (VALID FROM 23.09.2021 TO 22.09.2022)

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…RESPONDENTS

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(BY SRI E I SANMATHI, ADVOCATE FOR R2 V/O DTD. 11.3.2026, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.02.2025 PASSED IN MVC No.6469/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU, (SCCH-24), 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:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 03.02.2025 passed in MVC No. 6469/2022 by

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the XXII Additional Senior Civil Judge and Member, MACT,

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Bengaluru.

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HC-KAR

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Even though the appeal is listed for admission,

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it is taken up for disposal with the consent of the learned counsel for appellant and learned counsel for respondent No. 2.

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Appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 17.01.2022 contending that the accident occurred due to the rash and negligent driving by the driver of the Maruthi Swift car bearing No. KA-19-ET-0567. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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SL.	Heads	Amount Rs.
No.
1.	Towards pain and sufferings	Rs.60,000/-
2.	Towards Conveyance, Attendant charges and nourishing food	Rs.30,000/-
3.	Towards loss of income during laid up period	Rs.46,500/-
4.	Future Loss of Income	Rs.3,79,440/-
5.	Medical expenses	Rs.1,41,775/-
6.	Future medical expenses	Rs.30,000/-
7.	Loss of amenities and	Rs.25,000/-

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HC-KAR

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discomfort
Total	Rs.7,12,715/-

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The Tribunal also awarded interest at the rate

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of 6% p.a. from the date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the compensation amount with interest. Claimant, seeking enhancement, has filed the present appeal.

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Heard learned counsel for appellant – claimant

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and learned counsel for respondent No. 2 - Insurer.

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Learned counsel for appellant would contend

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that the claimant sustained 3 injuries as per Ex.P.7 – wound certificate and compensation awarded for pain and suffering and loss of amenities is on lower side. P.W.2 – Doctor has assessed the disability of the claimant at 48% of right lower limb and 16% of whole body and the Tribunal erred in taking disability at 12%. Claimant was holding Driving License to drive transport vehicle and therefore he is a skilled person and notional income fixed for unskilled person cannot be taken into consideration.

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HC-KAR

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He, placing reliance on the decision of Division Bench of this Court in the case of Prem Kumar H.C. Vs. R. Vinay Kumar, MFA No. 4485/2024, decided on 08.10.2025 would contend that income of a lorry driver is to be taken at Rs.20,000/- per month. He further submits that the Doctor has stated that claimant requires to undergo surgery for removal of implants and for that estimated expenses would be Rs.60,000/- and inspite of that, the Tribunal has awarded Rs.30,000/- towards future medical expenses.

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Learned counsel for respondent No. 2 would contend that considering the fact that P.W. 2 – Doctor is not the treated Doctor, the Tribunal has rightly taken the disability at 12%. Claimant has not established his income and the Tribunal has rightly taken the notional income at Rs.15,500/-. Compensation awarded under other heads is just and proper. With this he prayed to dismiss the appeal.

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Having heard learned counsel for the parties,

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this Court has perused the judgment, award and copy of

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HC-KAR

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wound certificate – Ex.P.7 made available by learned

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counsel for appellant.

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As per wound certificate – Ex.P.7 claimant has sustained the following injuries:

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i) Right leg 3 X 2 cm open wound over mid 1/3^rd of leg medial aspect – bone exposed.

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ii) 2 X 1 laceration over distal 1/3^rd leg muscle deep iii) Right leg segmental tibia fracture

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P.W.2 is the Doctor who has treated the claimant subsequent to his surgery. He has assessed the disability of the claimant and stated that physical disability

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of right lower limb is 48% and whole body is 16%. Occupation of the claimant is bus driver and considering the evidence of P.W.2 – Doctor disability to the whole body is to be taken at 16% and the Tribunal erred in taking the disability at 12%.

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Occupation of the claimant is bus driver. Ex.D.13 is copy of his Driving License and he is authorized to drive transport vehicle/bus. Even though the

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HC-KAR

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claimant is bus driver, the Tribunal has taken the notional income at Rs.15,500/- which is fixed for unskilled labour. Division Bench of this Court in MFA No. 4485/2024 has taken the income of the lorry driver at Rs.20,000/- per month considering that he is a skilled worker and he cannot be equated with that of unskilled labour. Considering the said aspect, income of the claimant is to be taken at Rs.20,000/-. In view of the above, loss of future income is calculated as under:

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20,000 X 12 X 17 X 16% = 6,52,800

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The Tribunal has awarded loss of income during laid up period for three months. In view of the income being taken as Rs.20,000/- per month, claimant is entitled to loss of income during laid up period in a sum of Rs.60,000/- (3 X 20000).

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Claimant was admitted in the hospital for six days and therefore, he is entitled to conveyance and attendant charges in a sum of Rs.6,000/- (1000 X 6) as against Rs.30,000/- awarded by the Tribunal.

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HC-KAR

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Considering the nature of injuries noted supra,

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the Tribunal has rightly awarded a sum of Rs.60,000/towards pain and suffering and a sum of Rs.25,000/towards loss of amenities.

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Claimant has to undergo surgery for removal of implants. Considering the said aspect the Tribunal has rightly awarded future medical expenses of Rs.30,000/-.

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In view of the above, claimant is entitled to total compensation under various heads as under:

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SL.	Heads	Amount Rs.
No.
1.	Towards pain and sufferings	Rs.60,000/-
2.	Towards Conveyance, Attendant charges and nourishing food	Rs.6,000/-
3.	Towards loss of income during laid up period	Rs.60,000/-
4.	Loss of Future Income	Rs.6,52,800/-
5.	Medical expenses	Rs.1,41,775/-
6.	Future medical expenses	Rs.30,000/-
7.	Loss of amenities and discomfort	Rs.25,000/-
	Total	Rs.9,75,575/-

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Claimant is entitled to compensation of Rs.9,75,575/- as against Rs.7,12,715/- awarded by the

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HC-KAR

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Tribunal with interest at the rate of 6% p.a. from the date

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of petition till the date of realization. Consequently, claimant is entitled to enhanced compensation of Rs.2,62,860/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No.

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2 – Insurer is liable to pay said enhanced compensation with interest.

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In view of the above, the following;

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O R D E R

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i) The appeal is allowed in part.

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ii) Appellant – claimant is entitled to enhanced compensation of Rs.2,62,860/- with interest at the rate of 6% per annum from the date of petition till the date of realization.

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iii) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 6 weeks from this date, failing which it is liable to pay interest at

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