- 1 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6019/2015 (MV-I) BETWEEN: NIJAGUNAIAH, S/O GANGANNA, AGEDA BOUT 47 YEARS RESIDING AT VEDAVANAGATTA, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 133. …APPELLANT (BY SRI. MUSHTAQ AHMED., ADVOCATE) AND: 1. RUDRAIAH, AGED ABOUT 47 YERAS, S/O VEERABHADRAIAH, R/A KODI HALLI, KASABA HOBLI, GUBBI TALUK, TUMKUR DIST-572 134. 2. ORIENTAL INSURANCE CO. LTD., T.G.M.C BUILDING, J C ROAD, TUMKUR-572101 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. S Y SHIVALLI FOR R2., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.12.2014 PASSED IN MVC NO.320/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, AT GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.12.2014 passed in MVC No.320/2013 on the file of the Senior Civil Judge and Member, Additional Mact-17, at Gubbi, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. 3. It is a case of injury. The injured claimant, claimed compensation of Rs.2,00,000/- with interest at the rate of 12%. The tribunal, however, considering the evidence on record, granted Rs.1,00,000/- with interest at the rate of 6% from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is preferred by the injured claimant. The injured claimant and he mainly contended that the compensation awarded - 3 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 was meagre and total of Rs.1,00,000 was granted to him. The amount was not granted under the other heads and interest is also to be enhanced to 12%. The appellant sustained following injuries, “(1) Haemalima 5x3cm over the right side of fore head; (2) Abrasion over the medical malleolus x-ray; (3) Tenderness over the left calf; (4) Abrasion over left knee 1x1cm; (5) Abrasion over the dorsum of left hand and (6) x-ray left leg shows fracture of left fibula; 4. Further, as per Ex.P7, the Medical Officer opined that injuries Nos.3 and 6 are grievous in nature. As per Ex.P9 X-ray, he sustained fracture at left fibula. It was stated PW.1 was aged 45 years doing business and earning Rs.20,000/- per month. However, no evidence was adduced regarding his income. He met with an accident on 14.1.2012 and thus his income is to be taken as Rs.7,000/- per month as per the guidelines given by - 4 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 Karnataka State Legal Services Authority. He sustained 1 fracture, 2 injuries, 2 grievous injuries, total 5 injuries. 5. Further, an amount of Rs.40,000/- was granted under the head injuries. The injured was hospitalized as inpatient for 3 days but took treatment for 3 months as an outpatient. To prove the case, the appellant got marked Ex.P1 to P3 and he himself was examined as PW.1. Considering the nature of injuries and period of hospitalisation and other factors, this court finds it reasonable to grant an amount of Rs.25,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.10,000/- for medical expenses, Rs.10,000/- for transportation, Rs.10,000/- for attendant charges, Rs.10,000/- for extra nourishment. The injured might not have worked at least for a period of 4 months due to the injury sustained by him. As such, this court finds it reasonable to grant an amount of Rs.7,000 x 4 = Rs.28,000/- under the head loss of earnings. - 5 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 6. Thus in all, award of compensation passed by the Tribunal is modified as under: Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.1,58,000/- along with interest at the rate of 6% p.a., as against already awarded by the Tribunal. Particulars Amount in Rs. Pain and suffering 25,000 Loss of amenities 25,000 Medical expenses 10,000 Transportation 10,000 Attendant charges 10,000 Extra nourishment 10,000 Injuries 40,000 Loss of earnings 28,000 1,58,000 - 6 - HC-KAR NC: 2025:KHC:32681 MFA No. 6019 of 2015 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 10.12.2014 passed in MVC No.320/2013 on the file of the Senior Civil Judge and Member, Additional Mact-17, at Gubbi, is modified; iii. The claimants are entitled to a sum of Rs. Rs.1,58,000/- along with interest at 6% p.a from the date of petition till the date of realization as against Rs.1,00,000/-; iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order and v. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same. SD/- (P SREE SUDHA) JUDGE AKV_List No.: 1 Sl No.: 28