- 1 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5301 OF 2013(MV-I) BETWEEN: MR. G.S. SATISH, S/O. SRI. SHIVANNA G. N., AGED ABOUT 25 YEARS, R/AT NO GOTTIKERE, BIDANAGERE POST, HUTTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. …APPELLANT (BY SMT. SREEVIDYA G.K., ADVOCATE FOR SRI. T. N. VISWANATHA, ADVOCATE) AND: 1. M/S NATIONAL INSURANCE CO. LTD., D O II, FIRST FLOOR, SATI COMPLEX, MISSION ROAD, BANGALORE-560 027. 2. MR. A. N. LAKSHMAN, S/O. SRI. NEDUKERAIAH, ANCHEPALYA, ELIYUR POST, HUTTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. …RESPONDENTS (BY SRI. A. M. VENKATESH, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH; V/O. DATED 19.10.2016) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.10.2012 PASSED IN MVC NO.45/2011 ON THE FILE OF THE VII ADDL. JUDGE, MEMBER, MACT-3 CSC, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Smt.Sreevidya.G.K, who represents Sri.T.N.Viswanatha, learned counsel on record for the appellant as well as Sri.Lakshminarasappa who represents Sri.A.M.Venkatesh, learned counsel on record for respondent No.1. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in MVC No.45/2011 dated 06.10.2012. This is a claimant's appeal. - 3 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 3. As against the claim for Rs.8,00,000/- in total, the Tribunal through the impugned order awarded a sum of Rs.2,30,140/- as compensation. Being not satisfied with the same, this appeal is preferred. 4. Arguing the matter, Smt.Sreevidya.G.K, learned counsel for the appellant submits that the accident occurred in the year 2010. While the appellant was travelling as a pillion rider on a two wheeler he met with an accident and sustained grievous injuries. Learned counsel states that the appellant sustained two fractures and underwent surgery also. Though the Tribunal rightly took the income of the appellant as Rs.6,000/- p.m., it did not award justifiable sum as compensation under the head pain and suffering and also towards loss of income during laid up period. Learned counsel also submits that the compensation granted under all other heads is also on lower side. Learned counsel ultimately seeks for enhancement of compensation. - 4 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 5. The submission that is made by Sri.Lakshminarasappa, learned counsel for respondent No.1 is that the Tribunal though awarded justifiable sum as compensation, there may be marginal enhancement basing on the submission made by learned counsel for the appellant. 6. By all the evidence produced which includes Ex.P6 - wound certificate and the evidence of Pw.2, the appellant succeeded in establishing that he sustained fracture over right medial malleoli and fracture of lower end of right tibia and fibula. As per the version of the appellant by working as electrician he was earning Rs.200/- per day i.e., sum of Rs.6,000/- p.m. by the date of accident. The Tribunal having considered the evidence thus produced, took the income of the deceased as Rs.6,000/- p.m. which needs no interference. 7. The Tribunal through the impugned order awarded Rs.2,30,140/- as compensation divided under following heads: - 5 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 Sl. No Description Amount 1 Pain and agony Rs.30,000/- 2 Actual medical bills Rs.27,580/- 3 Attendant charges Rs.6,000/- 4 Loss of income during laid up period Rs.6,000/- 5 Conveyance, Food and nutrition Rs.8,000/- 6 Loss of amenities Rs.10,000/- 7 Loss of income due to Disability Rs.1,42,560/- Total Rs.2,30,140/- 8. Admittedly, the appellant sustained two grievous injuries. The Tribunal awarded a sum of Rs.30,000/- under the head pain and agony. Having considered the nature of injuries sustained and treatment taken, this court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering. Thus the enhancement under the head pain and suffering will be Rs.20,000/-. - 6 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 9. Coming to the loss of income during laid up period, the Tribunal awarded a sum of Rs.6,000/- only under the said head. Having considered the fact that the appellant sustained two grievous injuries more particularly the fracture of tibia and fibula, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of 5 months. Thus loss of earnings during laid up period comes to Rs.30,000/- (Rs.6,000/-X5). The Tribunal has granted Rs.6,000/- only towards loss of income during laid up period. Thus the enhancement under the head loss of income during laid up period will be Rs.24,000/- (Rs.30,000-Rs.6,000). 10. The Tribunal awarded a sum of Rs.6,000/- towards attendant charges, Rs.8,000/- towards conveyance, food and nutrition and Rs.10,000/- towards loss of amenities. Having considered the fact that the appellant sustained two grievous injuries and took extensive treatment, this Court is of the view that under the heads attendant charges, conveyance, food and - 7 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 nutrition and also loss of amenities, there is requirement to enhance the sum granted by Rs.16,000/-. Thus the total enhancement will be Rs.60,000/- (Rs.20,000+Rs.24,000+Rs.16,000). 11. 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, Bengaluru through orders in MVC No.45/2011 dated 06.10.2012 is enhanced by Rs.60,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of copy of this order. - 8 - NC: 2025:KHC:5760 MFA No. 5301 of 2013 (v) On such deposit, the appellant is permitted to withdraw the entire sum. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 37