- 1 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.6817 OF 2018 (MV-I) BETWEEN: KUM. ALYA AISIRI P. D/O. M. PRAKASH BABU AGED ABOUT 5 YEARS RESIDING AT NO.992, TILAKNAGAR ATTIBELE ANEKAL TALUK BENGALURU - 562 107 SINCE APPELLANT IS MINOR SHE IS REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI M. PRAKASH BABU S/O. MUNIREDDY AGED ABOUT 45 YEARS. …APPELLANT (BY SMT. KALPANA P.V., ADVOCATE) AND: 1. M/S. SLN ENTERPRISES PROP: N. PRAMOD NO.290, 4TH MAIN 1ST BLOCK, KORAMANGALA BENGALURU - 560 034. 2. M/S. ROYAL SUNDARAM ALLIANCE INS. CO. LTD. NO.56/1, 2ND FLOOR 9TH MAIN, 5TH BLOCK JAYANAGAR Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 BENGALURU - 560 041. …RESPONDENTS (BY SRI RAVI S. SAMPRATHI, ADVOCATE FOR R-2; VIDE ORDER DATED 15-9-2021, NOTICE TO R-1 DISPENSED WITH) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 2-5-2018 PASSED IN MVC NO.2673 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimant challenging the judgment and award dated 02.05.2018 passed in M.V.C. No.2673 of 2016 on the file of the Motor Accidents Claims Tribunal, Bengaluru (SCCH-17), whereby, the Tribunal awarded a sum of Rs.13,83,897/- together with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Being aggrieved by the judgment and - 3 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 award passed by the Tribunal, the appellant is before this Court. 2. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 3. Brief facts of the case are that on 19.02.2015 at about 3 p.m., she was on foot along with her father on the left side of the road in front of G.S.Mess Hotel, Attibele Circle, Bengaluru, at that time a driver of Tipper lorry bearing registration No.KA-01/AB-9419 came in a rash and negligent manner and caused accident dashing her, due to the impact she sustained injuries. Hence, she claimed compensation on various heads. 4. Heard Smt. Kalpana P.V., learned counsel for the appellant-claimant, and Sri Ravi S. Samprathi., learned counsel for respondent No.2-Insurance Company. 5. Learned counsel for the appellant-claimant has contended that the appellant sustained crushed injuries on left lower with compound fracture of left femur and tibia with - 4 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 vascular injury. The appellant took treatment in Sparsh Hospital Mandya, where she was admitted as inpatient for a period of 33 days and after discharge she has taken treatment for a period of six months. The appellant underwent ORIF with K-wire for fracture fixation and knee snapping external fixator application with debridement and femora popliteal artery vein repair and debridement with extended myocutaneous flap and SSG for left lower limb and external fixator readjustment. The appellant had spent a sum of Rs.15,00,000/- towards medical and other incidental charges, but the Tribunal has awarded Rs.10,23,897/-, which is on lower side. As on the date of accident, the appellant was aged about 33 years. The Doctor has assessed the disability to the limb at 67% and 22% to the whole body, but the Tribunal considered the disability at 15%, which is on lower side. Learned counsel further contended that the Tribunal awarded compensation under the other conventional heads, which is on a lower side and same has to be enhanced. Thus, she prayed to allow this appeal. - 5 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 6. Per contra, the learned counsel for respondent No.2-Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each heads, which does not call for interference at the hands of this Court. Thus, he prayed to dismiss the appeal. 7. We have perused the material on record. Having heard the learned counsel for the parties, the only point that arises for our consideration in this appeal is: “Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?” 8. To prove the claim, the claimant has examined PW.1 and relied upon 15 documents Exs.P1 to P15. In the evidence, PW.1 reiterated the content of the claim petition and has stated that the claimant suffered injuries i.e., left - 6 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 lower with compound fracture of left femur and tibia with vascular injury. The oral evidence stands corroborated with contents of Ex.P6 – Wound Certificate, Exs.P7 to P9 – Discharge Summaries. As per Ex.P6 – Wound certificate, the claimant sustained crushed injuries i.e., left lower with compound fracture of left femur and tibia with vascular injury. PW.2 – the Doctor has also not stated that the claimant has suffered grievous injuries. The Doctor has stated that the claimant suffered 67% disability to the lower limb and 22% to the whole body, but the Tribunal considered the disability at 15%, which is erroneous. 9. The Tribunal has granted a sum of Rs.3,00,000/- towards pain and suffering and loss of amenities, considering the nature of injuries suffered by the claimant, which is on lower side. Hence, we are granting additional sum of Rs.2,00,000/- under the head 'pain and suffering'. Therefore, the claimant is entitled to Rs.5,00,000/- under the head "pain and suffering". - 7 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 10. Further, the Tribunal has granted a sum of Rs.30,000/- towards 'discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization towards medical expenses', which is on lower side. We are granting additional sum of Rs.1,00,000/-. In all, Rs.1,30,000/- is awarded under this head. 11. The Tribunal has awarded Rs.10,23,897/- under the head medical expenses, same is just and reasonable. Thus, we are maintaining the same. 12. So far as future medical expenses is concerned, the Tribunal awarded Rs.30,000/-, which is on lower side. Considering the nature of injuries sustained by the claimant and the assessment made by the Doctor, we are granting additional sum of Rs.1,00,000/- towards future medical expenses. In all, Rs.1,30,000/- is awarded under this head. 13. The Tribunal has not awarded any compensation under the head 'marriage prospectus' in view of the ratio laid in Mallikarjun v. National Insurance Co. Ltd., reported in - 8 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 (2014) 14 SCC 396, we are awarding compensation of Rs.2,00,000/- under the head 'marriage prospectus' to the claimant. 14. Thus, the appellant-claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 5,00,000.00 Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization towards medical expenses 1,30,000.00 Medical expenses 10,23,897.00 Future medical expenses 1,30,000.00 Marriage prospectus 2,00,000.00 TOTAL 19,83,897.00 Less: Compensation awarded by the Tribunal 13,83,897.00 ENHANCED COMPENSATION 6,00,000.00 15. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The appellant- claimant is entitled for a total compensation of Rs.19,83,897/- as against Rs.13,83,897/- awarded by - 9 - HC-KAR NC: 2025:KHC:34829-DB MFA No. 6817 of 2018 the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.6,00,000/- from the date of filing of the claim petition till the date of its realization. iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of six weeks' from the date of receipt of a copy of this judgment. iv. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. v. Draw a modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM/List No.: 1 Sl No.: 37