Sri. M. Nagaraja vs M/s. New India Assurance Co. Ltd. & Anr.

This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 31.01.2026 passed in MVC No.3643/2024 by the XV Additional Small Causes Judge, Member, MACT, Bengaluru (SCCH-19).

The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 06.05.2024 contending that the accident occurred due to rash and negligent driving of the driver of Car bearing Regn.No.KA-01/AL-0874. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.1/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

Heard learned counsel for the appellant and learned counsel for respondent No.1/insurer.

The accident occurred on 06.05.2024 and as on the date of the accident, the claimant was aged 49 years. Considering the said age of the claimant, the Tribunal has rightly taken multiplier ‘13’. The notional income fixed for the year 2024 is Rs.17,000/- p.m. and the said income is to be taken as against Rs.16,500/- taken by the Tribunal.

The claimant has sustained the following injuries:

Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- is enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.30,000/- is enhanced to Rs.40,000/-. The Tribunal has rightly awarded medical bills of Rs.2,91,596/-. The claimant has been admitted in the hospital for 10 days. Considering the said injuries sustained by the claimant and that his avocation as driver, he has to take rest atleast for 3 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000/- x 3 months) as against Rs.30,000/- awarded by the Tribunal.

PW.3 is the Doctor who has examined the claimant and assessed his disability and stated that the claimant has sustained 48% disability to the lower limb and 16% to the whole body and Tribunal has taken disability at 12%. In cases of disability to the lower limb, 1/3^rd of the same is to be taken as disability to the whole body. Therefore, the disability to the whole body is taken at 16% (1/3^rd of 48%). In view of the above, the loss of future income due to disability is calculated as under:

Rs.17,000 x 12 x 13 x 16% = Rs.4,24,320/-

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

Considering the above aspects, the claimant is entitled to total compensation of Rs.8,66,916/- as against Rs.7,10,476/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,56,440/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following: