MFA NO. 319/2024 (MV - I - CA) IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI SHIVANANJEGOWDA VS. SRI JOE VINOD MASCARENHAS 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 05.04.2023 passed in MVC No.227/2020 by Senior Civil Judge and Member, MACT, Channarayapatna. 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 injury sustained in a road traffic accident which took place on 31.05.2019 contending that the accident occurred due to rash and negligent driving of driver of Omni car bearing registration Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - MFA NO. 319/2024 (MV - I - CA) No.KA-19-Z-1434. The Tribunal recorded the evidence. The Tribunal assessed the compensation under different heads as under: 1 Pain and sufferings Rs. 60,000-00 2 Medical expenses Rs.1,04,000-00 3 Food and extra nourishment, conveyance charges. Rs.6,000-00 4 Loss of income during treatment period Rs.30,000-00 Total Rs.2,00,000-00 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed 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 and learned counsel for respondent No.2 - Insurer. 7. Learned counsel for the appellant would contend that, there are three injuries, out of them, two are grievous injuries. The claimant has been admitted in the hospital for eight days. Considering the same, the - 3 - MFA NO. 319/2024 (MV - I - CA) compensation awarded for loss of amenities, attendant charges etc. and loss of income during laid up period are on lower side. With these, she prayed to allow the appeal. 8. Learned counsel for respondent No.2 - Insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. 9. Having heard the learned counsel for appellant and learned counsel for respondent No.2 - Insurer, the Court has perused the judgment and award. 10. Ex.P6 - wound certificate indicates that the claimant has sustained the following injuries: a) Crush Injury left little finger, tooth injury, bone injury b) Facial bone fracture. c) Head Injury In the wound certificate, the doctor has opined that injury Nos.1 and 2 are grievous in nature and injury No.3 is a simple in nature. Considering the said injuries, the - 4 - MFA NO. 319/2024 (MV - I - CA) compensation awarded for pain and suffering in a sum of Rs.60,000/- is proper. Considering the same, the claimant is entitled to loss of amenities in a sum of Rs.50,000/-. 11. The claimant has been admitted in the hospital for eight days. Considering the same, the claimant is entitled to loss of conveyance charges, attending charges etc. in a sum of Rs.8,000/- as against Rs.6,000/- as awarded by the Tribunal. 12. The Tribunal has assessed the monthly income of the claimant Rs.15,000/-. Considering the injuries, the claimant is entitled to loss of income during laid up period for three months i.e., Rs.45,000/- (Rs.15,000/- X 3). 13. The Tribunal has rightly awarded the medical expenses in a sum of Rs.1,04,000/-. 14. Considering the above aspect, the claimant is entitled to total compensation under different heads as under: 1 Pain and sufferings Rs. 60,000-00 2 Medical expenses Rs.1,04,000-00 3 Attendant charges etc. Rs.8,000-00 - 5 - MFA NO. 319/2024 (MV - I - CA) 4 Loss of amenities Rs.50,000-00 5 Loss of income during laid up period Rs.45,000-00 Total Rs.2,67,000-00 15. The claimant is entitled to total compensation of Rs.2,67,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 16. The claimant is entitled to enhanced compensation of Rs.67,000/- (Rs.2,67,000 - 2,00,000) with interest at the rate of 6% per annum from the date of petition till realisation. 17. The respondent No.2 - Insurer is liable to pay the enhanced compensation amount with interest. 18. 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.67,000/- with interest at the rate of 6% per annum from the date of petition till realisation. - 6 - MFA NO. 319/2024 (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, 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. v) The appellant is not entitled to interest for delay period of 168 days in filing the appeal. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 42