Sri Mani S Vs the Manager

M/S. V.K. TOURS AND TRAVELS NO.22292, 58-6, SHRIKE BUS STOP, KHB, COLONY, KENGERI, BENGALURU - 560 060. (RC OWNER OF OFFENDED VEHICLE TATA INDICA CAR BEARING NO.KA-41-B-3476)

¶16

&RESPONDENTS

¶17

(BY SRI. VIJAYA KUMAR D, ADVOCATE FOR R1; VIDE ORDER DATED 16.06.2025, NOTICE TO R2 IS DISPENSED WITH)

¶18

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC

¶19

2 - NC: 2026:KHC:21423 MFA No. 8999 of 2018

¶20

HC-KAR

¶21

NO.5325/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE & 20TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE & MACT, BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶22

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶23

ORAL JUDGMENT

¶24

This appeal is filed by the injured claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 28.07.2018 passed in MVC No.5325/2017 by the Court of the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate & M.A.C.T., Bengaluru (SCCH-24) (for short, 8Tribunal9).

¶25

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

¶26

3 - NC: 2026:KHC:21423 MFA No. 8999 of 2018

¶27

HC-KAR

¶28

Heard Sri. K.S.Ananda for Sri. Girisha H.M.,

¶29

learned counsel for the appellant and Sri. Vijaya Kumar D., learned counsel for respondent No.1.

¶30

This appeal is filed by the injured claimant mainly on the ground that the assessment of the income as well as the disability by the Tribunal is incorrect by ignoring the fact that the injured was a mason by profession and he used to earn more than Rs.20,000/- per month. It is contended that PW.3 has assessed the disability to a particular limb at 42% and to the whole body at 14%. However, the Tribunal incorrectly assessed the disability at 10%. It is also argued that the award of compensation by the Tribunal on all other heads are also on the lower side and no compensation is awarded under the head of 'loss of amenities'.

¶31

It is not in dispute that only a bald averment is

¶32

made with regard to the avocation of the injured. However, no income proof is placed before the Tribunal.

¶33

4 - NC: 2026:KHC:21423 MFA No. 8999 of 2018

¶34

HC-KAR

¶35

Hence, income of the injured is notionally re-assessed at Rs.11,000/- by placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. PW.3 in his evidence, considering the nature of injuries suffered by the appellant, assessed the disability at 14%. It is to be noticed that exhibit-P8 indicates the following injuries:

¶36

i) Lacerated wound 3x3cmxBondedeep present over mid right thigh. On X-ray reveals fracture of right femur boner (thigh bone).

¶37

ii) Lacerated wound 4x3cmxBonedeep present over mid of right leg, On X-ray reveals fracture of both bones of right leg (tibia and fibula).

¶38

iii) Abrasion 4cmx3cm present over outer aspect of right foot.

¶39

Having considered the aforesaid injuries and

¶40

oral evidence, I am of the considered view that there is no justification to disbelieve the evidence of PW.3. Hence, the disability of the injured is assessed at 14%.

¶41

5 - NC: 2026:KHC:21423 MFA No. 8999 of 2018

¶42

HC-KAR

¶43

Further, having considered the oral and

¶44

documentary evidence on record, I am of the considered view that the compensation is required to be awarded under the head of 'loss of amenities' and compensation on all other heads are also required to be re-assessed appropriately to award just compensation. Hence, the same is re-assessed as under:

¶45

HEADS	AMOUNT (in Rs.)
Pain & suffering	50,000.00
Medical expenses	1,33,815.00
Loss of income during laid up period (Rs.11,000 x 3 months)	33,000.00
Loss of future income due to disability (Rs.11,000x12x14x14%)	2,58,720.00
Loss of amenities	40,000.00
Food, nourishment, conveyance and attendant charges	25,000.00
Future medical expenses	20,000.00
Total	5,60,535.00

¶46

Thus, the appellant-claimant shall be entitled to

¶47

a total compensation of Rs.5,60,535/- as against Rs.3,60,415/- awarded by the Tribunal.

¶48

6 - NC: 2026:KHC:21423 MFA No. 8999 of 2018

¶49

HC-KAR

¶50

In the result, this Court proceeds to pass the

¶51

following:

¶52

ORDER

¶53

a) The appeal is allowed in part .

¶54

b) The impugned judgment and award dated 28.07.2018 passed by the Tribunal in M.V.C.No.5325/2017 is modified to an extent that the appellant-claimant would be entitled to

¶55

total compensation of Rs.5,60,535/- as against Rs.3,60,415/- awarded by the Tribunal.

¶56

c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation.

¶57

d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment.

¶58