- 1 - HC-KAR NC: 2025:KHC:19860 MFA No. 2476 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2476 OF 2021(MV-I) BETWEEN: RAJU @ RAJASHEKAR, S/O. ERAYYA, AGED ABOUT 40 YEARS, RESIDING AT ANUPAMA, NEARY SRINIDHI APARTMENT, KODICAL ASHOKNAGAR, MANGALURU, D. K. DISTRICT, PIN- 575 007. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. FRANCIS MONTERIRO S/O. SALWADKOR MONTERIO, AGED ABOUT 52 YEARS, RESIDING AT CHAKKAMAKKI VILLAGE, BANAKAL HOBALI, CHICKMANGALORE TALUK, CHICKMANGALORE DISTRICT, PIN-562 101. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., RATNAGIRI ROAD, CHICKMANGALORE, PIN- 562 101. …RESPONDENTS (BY SRI. TUMBIGI PRABHUGOUDA B., ADVOCATE FOR R1; SRI. JANARDHAN REDDY, ADVOCATE FOR R2) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19860 MFA No. 2476 of 2021 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.12.2019 PASSED IN MVC NO.1369/2005 ON THE FILE OF THE MACT AND III ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MANGALURU, D.K., 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Ravishankar Shastry, G., learned counsel for the appellant as well as Sri.Janardhan Reddy who represents respondent No.2. No representation for respondent No.1 on call. 2. The claimant in MVC No.1369/2005 which stood pending before the Motor Accident Claims Tribunal, Mangaluru D.K. and was disposed of through order dated 18.12.2019 is before this Court seeking enhancement of compensation. 3. Learned counsel for the appellant submits that the appellant sustained fracture of tibia and fibula right and he became permanently and completely disabled. PW3 assessed the disability as 50%, but the Tribunal took the disability as - 3 - HC-KAR NC: 2025:KHC:19860 MFA No. 2476 of 2021 17% and awarded meager sum as compensation. Learned counsel states that the appellant was working as coolie and was earning Rs.9,000/- per month. Due to the injury sustained he is unable to do any work. Thus, the compensation granted by the Tribunal requires enhancement. Learned counsel also states that the limb got shortened by 2 inches. 4. The submission made by Sri.Janardhan Reddy, learned counsel for respondent No.2 is that the Tribunal awarded justifiable sum as compensation under all heads, however, respondent No.2 is willing for marginal enhancement. 5 The appellant failed to produce any substantive proof with regard to his occupation and earnings by the date of accident. The fracture sustained to tibia and fibula which was later united cannot be said to have left the person with permanent disability of 50% in respect of whole body. The Tribunal rightly took the disability in respect of whole body as 17%. However, having considered the fact that the amount awarded as compensation under the head pain and suffering and loss of income during laid up period are grossly on lower side and further considering the nature of injury sustained and - 4 - HC-KAR NC: 2025:KHC:19860 MFA No. 2476 of 2021 the length of time which the appellant spent at hospital as inpatient i.e. 119 days, this Court is of the view that the reasonable enhancement will be to an extent of Rs.1,00,000/-. 6 Therefore, the appeal is disposed of with the following ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Mangaluru, D.K., through orders in MVC No.1369/2005 dated 18.12.2019 is enhanced by Rs.1,00,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. - 5 - HC-KAR NC: 2025:KHC:19860 MFA No. 2476 of 2021 Sri.T.Prabhugowda, learned counsel for respondent No.1 made his appearance while the order is being dictated and his presence is recorded. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 26