- 1 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7493 OF 2023 (MV-I) BETWEEN: SRI. GOPIGOWDA, S/O CHIKKEGOWDA AGED ABOUT 53 YEARS, R/AT MALLENAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT - 573 210. …APPELLANT (BY SRI. RAJARAM S.,ADVOCATE) AND: 1. SUNIL B.N. S/O NAGASUNDAR D R/AT NO. 2788/2A, 2ND CROSS, CHAMUNDIPURAM MYSURU DISTRICT - 570 004. 2. THE REGIONAL MANAGER CHOLAMANDALAM GENERAL INSURANCE COMPANY LTD., GOLDEN HIGHT COMPLEX, 4TH M BLOCK, RAJAJINAGAR, BENGALURU. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 10.03.2025, NOTICE TO R1 IS DISPENSED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2023 PASSED IN MVC NO.1353/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 18th July 2023, passed by the Senior Civil Judge and JMFC, Holenarasipura, (for short `Tribunal'), in MVC No.1353/2020, seeking enhancement of compensation. Though this appeal is listed for orders, with the consent of learned counsel appearing for both the sides, it is taken up for final disposal. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 3. The brief facts of the case are that the claimant met with an accident on 12.09.2020 by involvement of a vehicle bearing registration No.KA-05-MK-6843. As a result, he sustained grievous injuries and suffered permanent disability. With these reasons, he prayed to award compensation. 4. The facts of the accident and injuries sustained by the claimant are not in serious dispute. Therefore, there is no need to reconsider the same. 5. The contention of the appellant is that the compensation awarded by the Tribunal on all the heads are on the lower side. The claimant sustained committed fractures of both the bones of left leg along with two other injuries and he underwent surgery. He has suffered permanent disability. The claimant took treatment as an inpatient for about 10 days in a Janapriya Hospital at Hasana. He examined a doctor to prove his disability. The Tribunal has not considered these facts and awarded - 4 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 meagre amount of compensation. Therefore, prayed for enhancement of the same. 6. On re-appreciation of the materials available on record, the submission of learned counsel for the appellant is tenable. Hence, the compensation requires reconsideration. Accordingly, the following amount of compensation is awarded Particulars Amount in Rs. Loss of future earning capacity due to disability (14,500/-x12x9x11%) 1,72,260/- Pain and sufferings 50,000/- Loss of income during laid up period (Rs.14,500/- x 4) 58,000/- Special diet, conveyance and attendant charges 25,000/- Loss of amenities 30,000/- Medical expenses 1,20,000/- Total 4,55,260/- Amount awarded by the Tribunal Enhancement- Rounded off- 3,10,996/- 1,44,264/- 1,45,000/- - 5 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 7. The claimant is entitled to interest on the said amount at the rate of 6% per annum from the date of claim petition till its realisation and respondents are jointly and severally liable to pay the said amount. 8. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 18th July 2023, passed in MVC.No.1353/2020, by the Senior Civil Judge and JMFC, Holenarasipura stands modified; iii) The claimant is entitled to enhanced compensation of Rs.1,45,000/-, with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award is not disturbed. - 6 - HC-KAR NC: 2025:KHC:46634 MFA No. 7493 of 2023 vi) Draw award accordingly. Registry is directed to send a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 14