- 1 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 7549 OF 2016 (MV-I) BETWEEN: SRI. PUNEETH A. S. S/O. LATE SHIVEGOWDA @ SHIVANNEGOWDA, AGED ABOUT 25 YEARS, R/AT HEJJODNU VILLAGE, MALLUR POST, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT, …APPELLANT (BY SRI. H V BHANU PRAKASH., ADVOCATE) AND: 1. 1(a) SRI. SATHISH RAO SINCE DEAD REPRESENTED BY HIS LRS: SMT. H.S. PREMA, W/O LATE SATHISH RAO, MAJOR, R/AT MAHAMIYA KRUPA, NO.1-102/4 (6), SHIVASHAKTHI NAGAR, HOSABETTU, SURATHKAL, DAKSHINA KANNADA DISTRICT, KARNATAKA-575016. 2. THE DIVISIONAL MANAGER M/S. NATIONAL INSURANCE CO. LTD., Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 DIVISION OFFICE, 3RD FLOOR, RAMASWAMY CIRCLE, MYSORE-570 005, INSURER OF TANKER LORRY, BEARING REG NO. KA-19-C-4959) …RESPONDENTS (BY SRI. O MAHESH FOR R2., ADVOCATE) [CAUSE TITLE AMENDED VIDE COURT ORDER DATED:08.08.2024.] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.03.2016 PASSED IN MVC NO.776/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) This appeal is by the claimant assailing the judgment and award dated 17th March, 2016 passed in MVC No.776 of 2013 by the Senior Civil Judge, Court of Small Causes and Motor Accident Claims Tribunal, Mysuru (for short hereinafter referred to as the "Tribunal"). 2. Factual matrix of the case are that, on 2nd June, 2013, at 5:45 pm, when petitioner along with pillion Rider was - 3 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 proceeding on motorcycle bearing registration No.KA-09/EG- 0258, one tanker bearing registration No.KA-19/C-4959 being driven in a rash and negligent manner, hit the motorcycle from the backside. Owing to the impact of which, the petitioner fell and sustained grievous injuries to his hip joint, stomach, head, face, right shoulder, chest, and other parts of the body. Immediately, he was shifted to Hospital at Mysuru wherein he was admitted as an in-patient for a period of fifteen days from 02nd to 17th June 2013 wherein he underwent two major surgeries to his hip joint and colostomy and thereafter, he is continuously taking treatment as an outpatient. Petitioner spent Rs.3,00,000/- towards medical expenses. For the injuries suffered in the road traffic accident, Petitioner filed claim petition before the Tribunal in MVC No.776 of 2013. The Tribunal, by its judgment dated 17th March 2016, awarded compensation of Rs.11,38,520/-. Not being satisfied with the compensation awarded by the Tribunal, petitioner is before this Court in this appeal seeking enhancement in compensation. - 4 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 3. Heard Sri H.V. Bhanuprakash, learned Counsel for the appellant and Sri O Mahesh, learned Counsel for the respondent-Insurance Company. 4. Learned Counsel for the appellant-claimant would submit that as on the date of the accident, the claimant aged 22 years, was a diploma student he was working as a Trainee in Larsen & Toubro factory and after completion of two years, he was appointed as Supervisor and was getting a salary of Rs.15,000/- per month. Due to the injuries sustained in the accident, the appellant has undergone several surgeries and implants were inserted; he is not in a position to work and is finding it difficult to manage with his day-to-day chores. Learned Counsel would further submit that the Doctors PW2 and PW3, who are Orthopedic and Laparoscopic Surgeons respectively who treated the appellant, have spoken about the treatment and disability of the injured. As per PW2, the appellant has suffered permanent disability at 18% in respect of lower limb, and as per the evidence of PW3, the appellant has suffered disability at 30% and hence the injured has suffered permanent disability of 48% to the whole body. - 5 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 Assessing the disability of the appellant at 24% to the whole body, the Tribunal has awarded a meagre compensation of Rs.6,41,520/-. He would further submit that the Tribunal has also not awarded just compensation under other heads and hence sought for enhancement of compensation. 5. On the other hand, learned Counsel appearing for the respondent-insurance company would submit that compensation awarded by the Tribunal is on the higher side and hence sought for dismissal of the appeal. 6. We have given our anxious consideration to the submission advanced by the learned counsel for the parties. Accident is not in dispute and the injured sustaining injuries is also not in dispute. On examination of materials placed before us, it is clear that the applicant has sustained the following injuries: i) Multiple abrasion all over the body; ii) Lacerated wound over the right iliac region; iii) Pain over the right hip movements of right hip, painful. 7. PW2-Dr. Girish Chandra R., has stated that X-ray shows fracture of posterior wall of right acetabulum and further - 6 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 he has stated that the injured was operated on 3rd June 2013 and fracture was fixed with plate and screws and the injured was discharged on 17th June 2013. He has further stated that the injured complained inability to squat and climb stairs, and there is restriction of movements of right hip and loss of muscle strength. He has stated that the injured has suffered disability of 18.5% to the whole body. 8. PW3-Dr. B.N. Jayanth, Laparoscopic Surgeon in BGS Apollo Hospital, has deposed that he has treated the injured on 2nd June 2013, and he has noticed pain in abdomen and on the right lower limb, and the injured was diagnosed as polytraumatic with following injuries: i) Hip joint communited, displaced fracture, right iliac bone, and fracture of saeralala; ii) Upgraded contusion, 5×3 cm over the right frontal region; iii) Graded abrasion over the outer aspect of the right four or measuring 12×3 cm involving the hand; - 7 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 iv) Operation 5×5 cm present over the front of right knee; v) Lacerated wound, 3×1 cm cavity depth present over iliac crest u/S Abdomen- Liver contusion 2.7×2.5 cm bleeding present in right iliac fossa. 9. The oral evidence of PWs2 and 3 are supported by medical records. Considering the evidence placed by the claimant, the Tribunal has assessed the disability of the injured in an extent of 24% to the whole body. Taking into consideration the oral and documentary evidence placed before it, the Tribunal has awarded an amount of Rs.6,41,520/- towards loss of future income. The Tribunal has also awarded Rs.2,77,000/- towards medical expenses. It has also awarded compensation towards future medical expenses and marriage prospects, Pain, shock and suffering as also towards loss of amenities of life and happiness and frustration, and in all, awarded the total compensation of Rs.11,38,520/-. The same cannot be found fault with. Further, it is also to be noted here that as against the judgment and award of the Tribunal, the Respondent-Insurance company has also preferred appeal and - 8 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 the same was dismissed for non-prosecution vide order dated 16th February, 2024. 10. Be that as it may, considering the nature of injuries sustained by the applicant, the pain and agony to be undergone by the appellant for the rest of his life, loss of amenities and discomfort, so also, the medical expenditure and future medical expenses to be incurred, we are of the view that it is just and proper to award a global compensation of Rs.50,000/- in addition to what has been awarded by the Tribunal. Accordingly, we proceed to pass the following: O R D E R (i) Appeal is partly allowed; (ii) Appellant is entitled for a global compensation of Rs.50,000/- in addition to the amount of Rs.11,38,520/- awarded by the Tribunal; (iii) It is made clear that the global compensation does not carry any interest; (iv) Respondent-Insurance Company shall deposit the award amount with interest within eight weeks from today, failing, which, the appellant - 9 - HC-KAR NC: 2025:KHC:21065-DB MFA No. 7549 of 2016 is entitled for interest at 6% from the date of award till its realisation; (v) Draw Decree accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 43