- 1 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2798 OF 2023 (MV-I) BETWEEN: MR. NAGARAJU S/O HONNAIAH, AGED ABOUT 23 YEARS, RESIDING AT MALLESWARA, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …APPELLANT (BY SRI. SHANKAR PRASAD M.B., ADVOCATE) AND: 1. THE MANAGER NEW INDIA ASSURANCE COMP. LTD., NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, Digitally signed by BANGALORE - 01. LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH 2. SHRI. SYED ALTHAAF COURT OF KARNATAKA S/O SYED JAPHER, AGED MAJOR 3RD CROSS, SIDDESHWARANAGAR, SHIMOGA - 577 203. 3. THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD., NO.44/45, 3RD FLOOR, LEO SHOPPING COMPLEX, M.G.ROAD, BANGALORE - 560 001. - 2 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 4. SHRI. B. THIPPESWAMY S/O BHEEMAPPA, AGED AMJOR, OPPOSITE TO ADARSHA KALYANAMANTAPA, M.H. ROAD, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R1; SMT. SUJATHA PANDIT S., ADVOCATE FOR R3 VIDE ORDER DATED 17.09.2024, NOTICE TO R2 AND R4 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.01.2023 PASSED IN MVC NO.846/2021 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5) PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of the compensation awarded under the Judgment and Award dated 23.01.2023 passed in MVC No.846/2021 by the VIII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-5). - 3 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 2. The appellant/claimant filed a claim petition seeking compensation for the injuries sustained in a road traffic accident that occurred on 23.01.2021, contending that the accident was occurred due to the rash and negligent driving of the driver of the tanker bearing Registration No. KA-14-A-1631. 3. The Tribunal recorded the evidence adduced by the parties and, upon appreciation of the oral and documentary evidence on record, assessed the compensation and awarded the same under various heads as follows: Sl. Head of Compensation Amount in No. Rs. 1. Loss of future income 3,24,000-00 2. Pain and sufferings 15,000-00 3. Conveyance, nourishment and 15,000-00 attendant charges 4. Medical expenses 1,30,833-00 5. Loss of amenities in life 15,000-00 6. Loss of income during laid up 15,000-00 period 7. Future medical expenses 20,000-00 Total 5,34,833-00 - 4 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR

4. The Tribunal also awarded interest at the rate of 6% per annum on the compensation amount from the date of the petition till its realization. The Tribunal further held that Respondent No.1 - Insurer shall be liable to pay 80% of the compensation amount, while Respondent No.3 - Insurer shall be liable to pay the remaining 20%, together with accrued interest thereon. 5. Aggrieved by the quantum of compensation awarded, the claimant has preferred the present appeal seeking enhancement. 6. Heard the learned counsel appearing for the appellant, the learned counsel appearing for Respondent No.1, and the learned counsel appearing for Respondent No.3. 7. Learned counsel for the appellant contended that P.W.2, the doctor who assessed the disability, has opined that the claimant suffered 50% permanent disability to the particular limb and 25% permanent - 5 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR

disability to the whole body. It is contended that, despite such evidence, the Tribunal has erroneously assessed the whole-body disability only at 10%, which is on the lower side. It is further submitted that the claimant sustained three fractures and was hospitalized for a period of six days. The claimant was working as a DTP Operator and, therefore, the injuries sustained by him have adversely affected his earning capacity and day-to-day activities. It is also contended that the compensation awarded under the heads of pain and suffering, loss of amenities, and loss of income during the laid-up period is inadequate and hence, he prays to allow the appeal and enhance the compensation awarded by the Tribunal. 8. Both learned counsel for respondent No.1 and learned counsel for respondent No.3 would contend that, the compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement and the disability taken by the Tribunal at - 6 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 10% is proper. With these, the pray for dismissal of the appeal. 9. Heard both the learned counsel for appellant and learned counsel for respondent No.1 and respondent No.3 and perused the judgment and award as well as the trial Court records.

10. Ex.P13 - Wound Certificate discloses that the claimant sustained the following injuries: (i) comminuted fracture of the lateral epicondyle, (ii) fracture of the olecranon of the right side, and (iii) fracture of the shaft of the right humerus. P.W.2, the doctor who assessed the disability, has deposed that the claimant suffered 50% permanent disability to the right upper limb and 25% to the whole body. Despite the said evidence, the Tribunal has assessed the whole-body disability at 10%. Having regard to the nature of injuries and the evidence of P.W.2, this Court is of the opinion that the whole-body disability - 7 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR ought to be assessed at 15%, which is 1/3rd of the particular limb. 11. The Tribunal has rightly taken the notional income of the claimant at Rs.15,000/- per month and applied multiplier of '18'. Accordingly, the loss of future earning is calculated as under: 15,000 X 12 X 18 X 15% = 4,86,000/- 12. Considering the nature of injuries, the claimant has sustained three fractures, hence, he is entitled to a sum of Rs.90,000/- towards pain and sufferings as against Rs.15,000/- awarded by the Tribunal and Rs.50,000/-towards loss of amenities as against Rs.15,000/- awarded by the Tribunal.

13. Considering the nature of injuries and the period required for recovery, he is entitled to compensation towards loss of income during laid-up period for three months in a sum of Rs.45,000/- (15,000 X 3) as against Rs.15,000/- awarded by the Tribunal. - 8 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 14. The Tribunal has rightly awarded the medical expenses at Rs.1,30,833/-, future medical expenses at Rs.20,000/- and attendant and conveyance charges at Rs.15,000/-. 15. Considering all the above aspects, the claimant is entitled to total compensation under different heads as under: Sl. Particulars Amount No. 1 Loss of future income Rs. 4,86,000.00 2 Pain and sufferings Rs. 90,000-00 3 Loss of income during laid up Rs. 45,000.00 period 4 Attendant and conveyance Rs. 15,000.00 charges 5 Medical expenses Rs. 1,30,833.00 6 Loss of amenities Rs. 50,000.00 7. Future medical expenses Rs. 20,000.00 Total Rs. 8,36,833.00 16. Thus, the claimant is entitled to a total compensation of Rs.8,36,833/- as against Rs.5,34,833/-awarded by the Tribunal, together with interest at the rate - 9 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR of 6% per annum from the date of the petition till realization. 17. Consequently, the claimant is entitled to an enhanced compensation of Rs.3,02,000/- (Rs.8,36,833– Rs.5,34,833) with interest at the rate of 6% per annum from the date of the petition till realisation.

18. The finding of the Tribunal regarding liability shall remain unaltered. Accordingly, Respondent Nos.1 and 3 - Insurers are liable to pay the enhanced compensation amount in the ratio of 80:20 respectively, as determined by the Tribunal. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in-part. ii) The claimant is entitled to enhanced compensation of Rs.3,02,000/- with interest at the rate of 6% per annum from the date of the petition till realisation. iii) Respondent Nos.1 and 3 - Insurer shall deposit their share of the enhanced - 10 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimant is entitled to release of entire enhanced compensation amount. v) The calculation of interest at 6% will not apply to the future medical expenses awarded in a sum of Rs.20,000/-. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 55

- 1 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2798 OF 2023 (MV-I) BETWEEN: MR. NAGARAJU S/O HONNAIAH, AGED ABOUT 23 YEARS, RESIDING AT MALLESWARA, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …APPELLANT (BY SRI. SHANKAR PRASAD M.B., ADVOCATE) AND: 1. THE MANAGER NEW INDIA ASSURANCE COMP. LTD., NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, Digitally signed by BANGALORE - 01. LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH 2. SHRI. SYED ALTHAAF COURT OF KARNATAKA S/O SYED JAPHER, AGED MAJOR 3RD CROSS, SIDDESHWARANAGAR, SHIMOGA - 577 203. 3. THE MANAGER THE ORIENTAL INSURANCE COMPANY LTD., NO.44/45, 3RD FLOOR, LEO SHOPPING COMPLEX, M.G.ROAD, BANGALORE - 560 001. - 2 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 4. SHRI. B. THIPPESWAMY S/O BHEEMAPPA, AGED AMJOR, OPPOSITE TO ADARSHA KALYANAMANTAPA, M.H. ROAD, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R1; SMT. SUJATHA PANDIT S., ADVOCATE FOR R3 VIDE ORDER DATED 17.09.2024, NOTICE TO R2 AND R4 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.01.2023 PASSED IN MVC NO.846/2021 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5) PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of the compensation awarded under the Judgment and Award dated 23.01.2023 passed in MVC No.846/2021 by the VIII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-5). - 3 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 2. The appellant/claimant filed a claim petition seeking compensation for the injuries sustained in a road traffic accident that occurred on 23.01.2021, contending that the accident was occurred due to the rash and negligent driving of the driver of the tanker bearing Registration No. KA-14-A-1631. 3. The Tribunal recorded the evidence adduced by the parties and, upon appreciation of the oral and documentary evidence on record, assessed the compensation and awarded the same under various heads as follows: Sl. Head of Compensation Amount in No. Rs. 1. Loss of future income 3,24,000-00 2. Pain and sufferings 15,000-00 3. Conveyance, nourishment and 15,000-00 attendant charges 4. Medical expenses 1,30,833-00 5. Loss of amenities in life 15,000-00 6. Loss of income during laid up 15,000-00 period 7. Future medical expenses 20,000-00 Total 5,34,833-00 - 4 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR

4. The Tribunal also awarded interest at the rate of 6% per annum on the compensation amount from the date of the petition till its realization. The Tribunal further held that Respondent No.1 - Insurer shall be liable to pay 80% of the compensation amount, while Respondent No.3 - Insurer shall be liable to pay the remaining 20%, together with accrued interest thereon. 5. Aggrieved by the quantum of compensation awarded, the claimant has preferred the present appeal seeking enhancement. 6. Heard the learned counsel appearing for the appellant, the learned counsel appearing for Respondent No.1, and the learned counsel appearing for Respondent No.3. 7. Learned counsel for the appellant contended that P.W.2, the doctor who assessed the disability, has opined that the claimant suffered 50% permanent disability to the particular limb and 25% permanent - 5 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR

disability to the whole body. It is contended that, despite such evidence, the Tribunal has erroneously assessed the whole-body disability only at 10%, which is on the lower side. It is further submitted that the claimant sustained three fractures and was hospitalized for a period of six days. The claimant was working as a DTP Operator and, therefore, the injuries sustained by him have adversely affected his earning capacity and day-to-day activities. It is also contended that the compensation awarded under the heads of pain and suffering, loss of amenities, and loss of income during the laid-up period is inadequate and hence, he prays to allow the appeal and enhance the compensation awarded by the Tribunal. 8. Both learned counsel for respondent No.1 and learned counsel for respondent No.3 would contend that, the compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement and the disability taken by the Tribunal at - 6 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 10% is proper. With these, the pray for dismissal of the appeal. 9. Heard both the learned counsel for appellant and learned counsel for respondent No.1 and respondent No.3 and perused the judgment and award as well as the trial Court records.

10. Ex.P13 - Wound Certificate discloses that the claimant sustained the following injuries: (i) comminuted fracture of the lateral epicondyle, (ii) fracture of the olecranon of the right side, and (iii) fracture of the shaft of the right humerus. P.W.2, the doctor who assessed the disability, has deposed that the claimant suffered 50% permanent disability to the right upper limb and 25% to the whole body. Despite the said evidence, the Tribunal has assessed the whole-body disability at 10%. Having regard to the nature of injuries and the evidence of P.W.2, this Court is of the opinion that the whole-body disability - 7 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR ought to be assessed at 15%, which is 1/3rd of the particular limb. 11. The Tribunal has rightly taken the notional income of the claimant at Rs.15,000/- per month and applied multiplier of '18'. Accordingly, the loss of future earning is calculated as under: 15,000 X 12 X 18 X 15% = 4,86,000/- 12. Considering the nature of injuries, the claimant has sustained three fractures, hence, he is entitled to a sum of Rs.90,000/- towards pain and sufferings as against Rs.15,000/- awarded by the Tribunal and Rs.50,000/-towards loss of amenities as against Rs.15,000/- awarded by the Tribunal.

13. Considering the nature of injuries and the period required for recovery, he is entitled to compensation towards loss of income during laid-up period for three months in a sum of Rs.45,000/- (15,000 X 3) as against Rs.15,000/- awarded by the Tribunal. - 8 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR 14. The Tribunal has rightly awarded the medical expenses at Rs.1,30,833/-, future medical expenses at Rs.20,000/- and attendant and conveyance charges at Rs.15,000/-. 15. Considering all the above aspects, the claimant is entitled to total compensation under different heads as under: Sl. Particulars Amount No. 1 Loss of future income Rs. 4,86,000.00 2 Pain and sufferings Rs. 90,000-00 3 Loss of income during laid up Rs. 45,000.00 period 4 Attendant and conveyance Rs. 15,000.00 charges 5 Medical expenses Rs. 1,30,833.00 6 Loss of amenities Rs. 50,000.00 7. Future medical expenses Rs. 20,000.00 Total Rs. 8,36,833.00 16. Thus, the claimant is entitled to a total compensation of Rs.8,36,833/- as against Rs.5,34,833/-awarded by the Tribunal, together with interest at the rate - 9 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR of 6% per annum from the date of the petition till realization. 17. Consequently, the claimant is entitled to an enhanced compensation of Rs.3,02,000/- (Rs.8,36,833– Rs.5,34,833) with interest at the rate of 6% per annum from the date of the petition till realisation.

18. The finding of the Tribunal regarding liability shall remain unaltered. Accordingly, Respondent Nos.1 and 3 - Insurers are liable to pay the enhanced compensation amount in the ratio of 80:20 respectively, as determined by the Tribunal. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in-part. ii) The claimant is entitled to enhanced compensation of Rs.3,02,000/- with interest at the rate of 6% per annum from the date of the petition till realisation. iii) Respondent Nos.1 and 3 - Insurer shall deposit their share of the enhanced - 10 - NC: 2026:KHC:30174 MFA No. 2798 of 2023 HC-KAR compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimant is entitled to release of entire enhanced compensation amount. v) The calculation of interest at 6% will not apply to the future medical expenses awarded in a sum of Rs.20,000/-. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 55