- 1 - NC: 2025:KHC:3153 MFA No. 3251 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3251 OF 2021 (MV-I) BETWEEN: SRI. KRISHNA MOGAVEERA AGED ABOUT 52 YEARS, S/O NARAYANA MARAKALA, R/O RUKMINI NILAYA, PADUKERE, MANOOR VILLAGE, UDUPI TALUK AND DIST - 576 101. …APPELLANT (BY SRI. S.M. ANJAL, ADVOCATE FOR SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. MR. SUBRAMANYA GANIGA, AGED ABOUT 52 YEARS, S/O LATE GOVINDA GANIGA R/AT MRUTHYUNJAYA NILAYA, THEGGERSE VILLAGE, BYNDOOR POST KUNDAPURA TALUK, UDUPI DISTRICT - 576 201. 2. M/S. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, KUNDAPURA - 576 201. …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3153 MFA No. 3251 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.10.2020 PASSED IN MVC NO.986/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimants challenging the judgment and award dated 20.10.2020 passed by the Senior Civil Judge and Additional MACT, Kundapura (for short ‘the tribunal’) in MVC.No.986/2017. This appeal is founded on the premise of inadequate compensation awarded by the tribunal. Hence, the appellants seek enhancement of compensation. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. According to the learned counsel for appellant on 14.08.2017 while the appellant was standing on the left side of the road on NH-66, near Kota Bus stand, at that - 3 - NC: 2025:KHC:3153 MFA No. 3251 of 2021 time, a motorcycle bearing registration No.KA-20-S-9412 came in a rash and negligent manner and dashed against the appellant, due to which, he fell down and sustained injuries. 4. Appellant filed claim petition seeking compensation. On the basis of the evidence produced in materials placed before the Court the tribunal awarded a total compensation of Rs.4,58,007/- along with interest at 6% per annum and directed the 2nd respondent/Insurance Company to pay the compensation. 5. The short point for consideration in this case is whether the appellant is entitled to enhancement of compensation, if so what amount ? 6. The occurrence of accident, involvement of vehicle and injuries sustained are all proved and established by production of police records and the medical records, negligence is rightly attributed. 7. Now coming to the aspect of age, avocation, income, the tribunal has not committed any error with - 4 - NC: 2025:KHC:3153 MFA No. 3251 of 2021 regard to taking the income, applying the multiplier and the disability of 10%. This Court is not inclined to interfere with the same. More over, the tribunal has awarded 10% future prospects. Same is retained as the respondent- insurance company has not filed an appeal and there is no challenge to it. 8. Towards medical expenses Rs.1,04,287/- towards conveyance, diet and attendants charges Rs.25,000/-, towards loss of income during laid up period Rs.44,000/- and towards future medical expenses Rs.30,000/- is awarded, all are retained. The only point for consideration is of marginal indulgence in enhancement is towards pain and suffering enhanced to Rs.1,00,000/- as against Rs.75,000/- towards amenities another Rs.20,000/- is added making it Rs.40,000/- as against Rs.20,000/-. 9. I do not find any interference under any other heads as just and reasonable compensation is awarded by the tribunal. 10. In view of the above, I pass the following:- - 5 - NC: 2025:KHC:3153 MFA No. 3251 of 2021 ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 20.10.2020 in MVC.No.986/2017 passed by the Senior Civil Judge and Additional MACT, Kundapura is modified; iii) The claimant is entitled to total compensation of Rs.5,78,007/- as against Rs.4,58,007/- along with interest at 6% p.a; iv) The balance amount shall be paid within four weeks from the date of receipt of copy of this order. v) All other terms and conditions stipulated by the tribunal shall stand intact with regard to deposit and apportionment. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE VS List No.: 1 Sl No.: 5 CT: BHK