MFA NO. 3639/2023 (MV - I - CA) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI. SHIVA PRASAD K.B VS. SIDDA BYRAPPA AND ANOTHER] 16.06.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 06.04.2023 passed in MVC No.1741/2021 by IX Additional Small Causes Judge, Court of Small Causes & Member, MACT-7, Bengaluru. 2. Even though the matter is listed for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident which took place on 12.04.2020 contending that the accident occurred due to Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - MFA NO. 3639/2023 (MV - I - CA) the rash and negligent driving by the driver of Omni car bearing registration No.KA-04-Z-6396. The Tribunal has recorded the evidence. The Tribunal assessed the compensation and awarded the compensation under different heads as under: Towards pain and sufferings Rs. 1,00,000.00 Towards loss of amenities Rs. 50,000.00 Total Rs. 1,50,000.00 4. The Tribunal has also awarded the interest at the rate of 6% p.a. from the date of petition till realisation and directed respondent No.2 - Insurer of Omni car to pay the compensation with interest. The claimant has field the present appeal seeking enhancement of compensation. 5. Heard the learned counsel for appellant and learned counsel for respondent No.2 - Insurer. 6. Learned counsel for the appellant would contend that, due to the injury sustained, the claimant's left leg is shorten by 02 cms. and the doctor who assessed his disability at 41% on the whole body. Considering the - 3 - MFA NO. 3639/2023 (MV - I - CA) injury sustained, the compensation awarded for pain and sufferings and loss of amenities are on lower side. Since the claimant has sustained 41% disability on the whole body, it will affect his further prospects. With these, he prayed to allow the appeal and seeking enhancement of compensation. 7. Learned counsel for respondent No.2 - Insurer would contend that, the compensation award by the Tribunal is just and proper and there are no grounds for enhancement. With this, he prayed for dismissal of the appeal. 8. Having heard the learned counsel for appellant and learned counsel for respondent No.2 - Insurer, the Court has perused the records and judgment and award passed by the Tribunal. 8. The claimant was working as Assistant Manager in Emphasis Limited and getting salary of Rs.1,20,000/-. The Tribunal even though has considered the evidence of P.W.2 - doctor who has given evidence that the permanent - 4 - MFA NO. 3639/2023 (MV - I - CA) physical disability of the claimant on the whole body is 41% has not awarded the future income on the ground that the claimant is getting the same salary which he was getting prior to the accident. The Tribunal has also not awarded the medical expenses since the claimant has got reimbursement of the medical expenses from the insurance. Even though the claimant is getting same income which was getting prior to the accident, but due to the permanent physical disability sustained by him to the whole body, it may affect his future prospects. Considering the same, the compensation can be enhanced globally in a sum of Rs.75,000/-. 9. In view of the above, the following: ORDER i) The Miscellaneous First Appeal is allowed in part. ii) The claimant is entitled to enhanced global compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of petition till realisation. - 5 - MFA NO. 3639/2023 (MV - I - CA) iii) Respondent No.2 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. Failing which, respondent No.2 - Insurer shall pay the interest at the rate of 9% per annum from this day till payment. iv) The claimant is entitled to release entire enhanced compensation amount. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 37