Sri. Praveen S. vs Sri. Kantharaju G. B. & Anr.

This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 11.11.2025 passed in MVC No. 2069/2024 by the VIII Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-5).

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 09.02.2024 due to the rash and negligent driving by the driver of Maxi Cab Mini bus bearing registration No. KA-41-B-2884. 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 09.02.2024 and as on the date of the accident appellant was aged 20 years. Considering the said age of the appellant, the Tribunal has rightly applied multiplier `18’. Notional income fixed by the Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/-. Said income is to be taken as against Rs.16,500/- taken by the Tribunal.

Claimant had sustained the following injuries:

Considering the said injuries, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.25,000/- is enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.15,000/- is enhanced to Rs.70,000/-.

Claimant was admitted in the hospital for 19 days and therefore, entitled to attendant, conveyance, food and nourishment charges in a sum of Rs.19,000/-(Rs.1,000 X 19 days) as against Rs.15,000/- awarded by the Tribunal.

The Tribunal has rightly awarded medical expenses of Rs.11,570/-.

The Tribunal has awarded loss of income during laid up period for 3 months taking the income at Rs.16,500/-. Now the income taken is Rs.17,000/- and therefore, claimant is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000 X 3 months).

P.W.2 is the Doctor who has examined the claimant and assessed the disability. P.W.2 has stated that claimant had sustained 46% disability to the right lower limb, 28% to the right upper limb and whole body disability at 22%, but the Tribunal has taken the disability at 18%. In cases where disability to the lower limb, 1/3^rd of the same is to be taken as disability to the whole body and in cases of disability to the upper limb, 1/4^th of disability is to be taken as the disability to the whole body. Therefore, disability is to be taken at 22% (15 + 7) to the whole body. Since the disability to the whole body is more than 20%, claimant is entitled to future prospects at 40%.

In view of the above, loss of future income due to disability is calculated as under: 17,000 + 6,800 (40%) = Rs.23,800 23,800 X 12 X 18 X 22% = Rs.11,30,976/-

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.13,82,546/- as against Rs.7,57,590/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.6,24,956/- with interest. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

In view of the above, the following;