MFA NO. 1788/2024 (MV - I - CA) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [PRAVEEN KUMAR B DORE VS. SMT SHANTHA M AND ANOTHER] 16.06.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER ON I.A.NO.1/2023 This application is filed under Section 5 of Limitation Act seeking condonation of delay of 53 days in filing the appeal. The application is supported by affidavit of the appellant. Heard the learned counsel for appellant. Perused the affidavit. Satisfied with the cause shown, the delay of 53 days in filing the appeal is condoned. Accordingly, I.A.No.1/2023 is allowed. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 18 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - MFA NO. 1788/2024 (MV - I - CA) ORAL ORDER This appeal is filed by the claimant seeking enhancement of the compensation awarded in judgment and award dated 03.08.2023 passed in MVC No.276/2020 by I Additional Senior Civil Judge and MACT-IV, Chitradurga. 2. In spite of service of notice, respondent No.2 - Insurer remained absent and placed exparte. 3. Even though, the appeal is listed for hearing on Interlocutory Application, the matter is taken up for disposal. 4. The appellant/claimant was sustained injuries in a road traffic accident which took place on 09.02.2020 contending that the accident took place in a rash and negligent driving of the driver of the car bearing No.KA51- MK-4055. The Tribunal recorded the evidence. The Tribunal assessed the compensation and awarded the compensation under different heads as under: - 3 - MFA NO. 1788/2024 (MV - I - CA) 1 Loss of income due to disability Rs.3,62,880/- 2 Pain & suffering Rs.20,000/- 3 Medical expenses Rs.12,428/- 4 Loss of income during laid-up period (calculated for two months) Rs.28,000/- 5 Food and nourishment Rs.10,000/- 6 Loss of amenities Rs.20,000/- 7 Attendant charges, conveyance etc., Rs.10,000/- Total Rs.4,63,308/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and held that respondent Nos.1 and 2 jointly and severally to pay the compensation. The claimant seeking enhancement of the compensation has filed the present appeal. 6. Heard the learned counsel for appellant. 7. Learned counsel for the appellant would contend that, the accident has taken place in the year 2020 and as per chart, the notional income is Rs.14,500/- and the same requires to be taken as against Rs.14,000/- as taken by the Tribunal. The claimant has sustained communited fracture of right tibia and fibula and - 4 - MFA NO. 1788/2024 (MV - I - CA) considering the same, the compensation awarded for pain and sufferings, loss of amenities are on lower side. The claimant has been admitted in hospital for thirty five days and considering the same, the loss of income for laid up period taken for only two months is on lower side and it is to be taken for three months. The compensation awarded for food, nourishment, attendant charges etc. are on lower side. Considering the fact that the claimant has been admitted in hospital for thirty five days. With these, he prayed to allow the appeal. 8. Having heard the learned counsel for appellant, the Court has perused the judgment and award and copies of Exs.P5 and P8 made available by the learned counsel for appellant. 9. On perusal of Ex.P5 - wound certificate, the claimant has sustained communited fracture of right tibia and fibula. P.W.3 is the doctor who has issued disability certificate - Ex.P7 stating that the claimant has sustained disability of 30%. Considering the same, the Tribunal has rightly taken the disability at 12%. The accident has taken - 5 - MFA NO. 1788/2024 (MV - I - CA) place in the year 2020 and as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the said year is Rs.14,000/- and therefore, the notional income is to be taken as Rs.14,500/- as against Rs.14,000/- as taken by the Tribunal. 14500 X 12 = 1,74,000 X 18 = 31,32,000 X 12% = 3,75,840/- 10. The claimant has sustained two fractures and therefore she is entitled to a sum of Rs.60,000/- towards pain and sufferings as against Rs.20,000/- awarded by the Tribunal. Considering the said fractures, the claimant is entitled to Rs.50,000/- towards of loss of amenities as against Rs.20,000/- as awarded by the Tribunal. The claimant has been admitted in the hospital for thirty five days. Considering the same, the attendant charges, food and nourishment etc. are requires to be awarded for 35 days x 1000 = Rs.35,000/- as against food, nourishment charges as Rs.10,000/- and attendant charges at 10,000/- as awarded by the Tribunal. The - 6 - MFA NO. 1788/2024 (MV - I - CA) claimant has been admitted in the hospital for thirty five days and considering the two fractures, she is entitled to loss of income during laid up period for three months i.e., 14,500 X 3 = 43,500/-. The Tribunal has rightly awarded towards medical expenses is Rs.12,428/-. 11. Considering the above aspect, the claimant is entitled for enhanced compensation under different heads as under: 1 Loss of Future Income Rs.3,75,840/- 2 Pain & suffering Rs.60,000/- 3 Medical expenses Rs.12,428/- 4 Loss of income during laid up period Rs.43,500/- 5 Loss of amenities Rs.50,000/- 6 Food, nourishment, attendant charges etc. Rs.35,000/- Total Rs.5,76,768/- 12. The claimant is entitled to total compensation of Rs.5,76,768/- with interest at the rate of 6% per annum from the date of petition till realisation. 13. The claimant is entitled to enhanced compensation of Rs.1,13,460/- (Rs.5,76,768/- - - 7 - MFA NO. 1788/2024 (MV - I - CA) 4,63,308/-) with interest at the rate of 6% per annum from the date of petition till realisation. 14. In the result, the following: ORDER i) The Miscellaneous First Appeal is allowed in part. ii) The appellant is entitled to enhanced compensation of Rs.1,13,460/- with interest at the rate of 6% per annum from the date of petition till realisation. 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, it is liable to pay interest at the rate of 9% per annum from this day till payment. iv) The appellant is entitled to release entire enhanced compensation amount. (SHIVASHANKAR AMARANNAVAR) JUDGE