Sri Myalarappa vs Sri. Jayadeva & Anr.

This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 28.03.2026 passed in MVC No. 107/2024 by the Principal Senior Civil Judge and MACT, Madhugiri.

Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.

Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 11.11.2023 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-64-V-5587. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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

Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

The accident occurred on 11.11.2023 and as on the date of accident appellant was aged 60 years. Considering the said age of the appellant the Tribunal has rightly taken the multiplier `9’. Notional income fixed by the Karnataka State Legal Services Authority for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal.

The Tribunal, considering the evidence of P.W.2 – Doctor has rightly taken the disability at 20%.

In view of the above, loss of future income due to disability is calculated as under: 16,250 X 12 X 9 X 20% = Rs.3,51,000/-

Claimant had sustained the following injuries:

Considering the said injuries compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.30,000/- is enhanced to Rs.60,000/- and loss of amenities in a sum of Rs.20,000/- is enhanced to Rs.40,000/-.

Considering the said injuries claimant had to take rest for 2 months and entitled to loss of income during laid up period in a sum of Rs.40,000/- (Rs.20,000 X 2 months).

The Tribunal has rightly awarded medical expenses in a sum of Rs.97,365/-.

P.W.2 – Doctor has stated that implant has been fixed and claimant is required to undergo surgery for removal of implant. Considering the same claimant is entitled to future medical expenses of Rs.30,000/-.

Claimant was admitted in the hospital for 8 days. Considering the same, compensation awarded by the Tribunal towards diet, nourishment, conveyance and attendant charges in a sum of Rs.20,000/- is just and proper.

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

Considering the above aspects claimant is entitled to total compensation of Rs.6,38,635/- as against Rs.5,33,235/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.1,05,400/-. Claimant is not entitled to interest on future medical expenses of Rs.30,000/-. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following;