SRI MUNIKRISHNA vs NEW INDIA ASSURANCE CO LTD

- 1 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS. JUSTICE N.V.BHAVANI

MISCELLANEOUS FIRST APPEAL NO. 191 OF 2019 (MV-I)



BETWEEN:

SRI. MUNIKRISHNA
S/O. LATE MUNIYAPPA,
AGED ABOUT 45 YEARS,
R/AT BANNERGHATTA ROAD,
C. K. PALYA, SAKALAWARA,
ANEKAL, BENGALURU – 560 083.
…APPELLANT
(BY SRI. KALYAN R.,ADVOCATE)

AND:

1. NEW INDIA ASSURANCE CO. LTD.,
T. P. HUB, MAHALAKSHMI CHAMBERS,
M. G. ROAD, BENGALURU – 560 001.

2. G. JAYAPRAKASH
S/O GOVINDAN,
AGED MAJOR,
R/AT NO.38,
VIGNESHWARA NAGARA,
ATTIBELE VILLAGE,
ANEKAL TALUK,
BENGALURU – 562 107.
…RESPONDENTS
(BY SRI. VRUSHABHENDRIAH H.C, FOR
SRI. LINGARAJ H S, ADVOCATES FOR R1;
V/O DATED 21.06.2022 NOTICE TO R2 IS D/W)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.03.2018 PASSED IN MVC










Digitally signed
by YASHODA K L
Location: HIGH
COURT OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



NO.532/2017 ON THE FILE OF THE XXI ADDITIONAL SCJ XIX
ACMM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE N.V.BHAVANI

CAV JUDGMENT
This is the appeal filed under Section 173(1) of the
1
Motor Vehicles Act, 1988 by the claimant/petitioner i.e.,
appellant herein in MVC No.532/2017 challenging the
judgment and award dated 20.03.2018 on the file of the
2
Court of Small Causes Judge and MACT, Bangalore .

2. The parties are referred to as per their rankings
before the Tribunal for the sake of convenience.

3. Facts germane to file the present appeal are as
under:
It is case of the claimant/appellant that on
18.12.2026 at about 10.15 p.m., he was standing near

1
for short ‘MV Act’
2

for short ‘the Tribunal’

- 3 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



Huskur gate, Bangalore-Hosur NH-07 Road, to cross the
road. At that time, all of a sudden, a car bearing No.KA-51
C-8818 being driven by its driver in a rash and negligent
manner with high speed came from Bangalore side and
dashed against the claimant/appellant. As a result of
which he sustained grievous injuries, immediately after the
accident he was shifted to Venkateshwara Hospital, then
he was shifted to other hospital and treated as in-patient.
The police have registered the case against the driver of
the offending vehicle and filed charge sheet.

4. It is submitted that the respondent No.1 is the
insurer and the respondent No.2 is the owner of the
vehicle involved in the accident. After recording the
evidence of parties, the Tribunal allowed the claim in part
and fixed 20% contributory negligence on the part of the
appellant. Being aggrieved by the aforesaid judgment and
award, the appellant has preferred this appeal on the
ground that the Tribunal erred in computing the income of

- 4 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



the appellant, fixed the disability to the whole body to the
contrary to the evidence of the expert and reduced the
compensation by fixing the contributory negligence on the
part of the appellant. Hence, this appeal.

5. Heard Sri.Kalyan R, learned counsel for the
claimant/appellant and Sri.Vrushabhendraiah H.C., learned
counsel for the respondent No.1/insurance company.
Notice to respondent No.2 is dispensed with vide order
dated 21.06.2022.

6. Learned counsel for the claimant/appellant
herein has contended that the Tribunal has assessed the
disability contrary to the evidence of the expert and fixed
the notional income at Rs.8,000/- per month, without even
considering the notional income fixed by the Karnataka
State Legal Services Authority (KSLSA) for the year 2016,
which was Rs.9,500/- per month and no fault on the part
of the claimant, the contributory negligence is fixed and
compensation awarded is deducted. Further, learned

- 5 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



counsel submitted that the compensation awarded under
the conventional heads is on the lower side and prayed for
enhancement of the compensation by allowing the appeal.

7. On the other hand, learned counsel for the
respondent No.1/insurance company has fairly admitted
that the notional income fixed by KSLSA is higher than the
amount fixed by the Tribunal, but there is no document to
prove the income of the petitioner. Therefore, the
judgment and award passed by the Tribunal is just and
proper and does not call for any interference. Hence,
sought for dismissal of the appeal.

8. Having considered the rival submissions, this
Court has perused the entire appeal papers and trial court
records.

9. Considering the rival arguments and material
on record, admittedly, the accident has occurred on
18.12.2016 and the notional income for the year 2016 is

- 6 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



considered as Rs.9,500/- per month as per the notification
of Karnataka State Legal Services Authority (KSLSA). In
such circumstances, the Tribunal erred in fixing the
income at Rs.8,000/- per month and the same requires
reconsideration as the claimant was working as a driver by
fixing the income at Rs.10,000/- per month.

10. Now coming to the compensation awarded
under the head of ‘loss of future income due to disability’
is concerned, PW2 – Dr.B.Ramesh has assessed the
physical disability of the injured at 37% to the right upper
limb, 13% disability to the whole body, 3% of whole body
due to pubic fracture and totally 16% disability to the
whole body and the same is based on the clinical
examination. During the course of his cross examination
nothing is elicited except putting suggestion. Considering
the testimony of PW2 coupled with the nature of disability
on the restriction of joint movement of right shoulder and
the avocation of the injured as a driver, it is just and

- 7 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



necessary to fix the disability at 20% to the whole body.
Accordingly, this Court enhances the compensation
awarded under head of ‘loss of future income due to
disability’ from Rs.1,24,800/- to Rs.3,12,000/-
(Rs.10,000/- x 12 x 13 x 20%).

11. Now coming to the compensation awarded
under other heads are concerned, the claimant/appellant
was hospitalized for 10 days and sustained grievous
injuries of right pubic ramus, fracture right neck of
th
humerus, fracture of 9 rib right side, lung contusion,
head injury and other injuries all over the body. Due to
which, he had to undergo pain and sufferings and requires
complete bed rest at least for the period of 3 months,
which the Tribunal failed to consider. Therefore, the
compensation awarded under all heads requires
reconsideration except under medical expenses and future
medical expenses. Accordingly, this Court reassesses the
compensation as under:

- 8 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



Compensation
awarded by this
Court
1 Loss of future income due Rs. 1,24,800/- Rs.3,12,000/-
(Rs.10,000/- x 12 x 13 x
to disability
20%)
2 Medical expenses Rs.1,40,218/- Rs. 1,40,218/-
3 Pain and suffering Rs.40,000/- Rs.1,00,000/-
4 Loss of amenities and Rs.10,000/- Rs.30,000/-
happiness in life
Sl.
No.
Particulars Compensation
awarded by
the Tribunal
5 Food, nourishment,
conveyance and attendant
charges during treatment
Rs.20,000/- Rs.30,000/-
6 Future medical expenses Rs.10,000/- Rs.10,000/-
TOTAL Rs.3,45,018/- Rs.6,22,218/-

12. Now coming to the contributory negligence is
concerned, the police record reveals that the appellant was
standing on the tar road and considering the said aspect
the Tribunal has rightly held that there is a contributory
negligence on the part of the appellant by fixing the ratio
at 80:20 and the same does not require any interference.

13. Accordingly, the petitioner is entitled for
enhanced compensation to the extent of 80% of
Rs.6,22,218/- i.e., Rs.4,97,774.4, which is rounded off to
Rs.4,98,000/-, which shall carry interest @ 6% p.a. from

- 9 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



the date of petition till realization excluding the period of
delay of 188 days in preferring the appeal.

14. For the aforesaid reasons, this Court proceeds
to pass the following:
ORDER

(i) The appeal is allowed in part .

(ii) The judgment and award dated 20.03.2018
passed in MVC No.532/2017 by the XXI
Addl. Small Causes Judge and the Motor
Accident Claims Tribunal, Bengaluru (SCCH-
23), is hereby modified and the
petitioner/appellant is entitled to total
compensation of Rs.4,98,000/- along with
interest @ 6% p.a. from the date of petition
till realization excluding the period of delay
of 188 days in preferring the appeal.

(iii) The respondent No.1/insurance company
shall deposit the enhanced compensation

- 10 -
HC-KAR
NC: 2026:KHC:60516
MFA No. 191 of 2019

CNR: KAHC010096792019



before the concerned Tribunal within an
outer limit of six weeks from the date of
receipt of certified copy of this order.

(iv) Upon deposit, the entire amount shall be
released in favour of the
petitioner/appellant forthwith on due
identification.

(v) Trial court records secured, if any, shall be
retransmitted to the concerned Tribunal
forthwith without causing any delay.

(vi) No order as to costs.




SD/-
(N.V.BHAVANI)
JUDGE





DR
List No.: 1 Sl No.: 23