- 1 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8669/2017 (MV-I) BETWEEN: SRI. MANJUNATHA, S/O YELLAPPA, AGED ABOUT 25 YEARS, R/AT NO.490, MIDFILU, GOURIBIDANUR TLAUK, CHIKKABALLAPUR DISTRICT. …APPELLANT (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: 1. SRI. MAHESH, S/O SADANANDA, NO.59, NANDI HILLS CROSS, TUUGERE HOBI, DODAALALPUR TALUK, BENGALURU RURAL DISTRICT. 2. RELIANCE GENERAL INSURANCE CO., LTD., NO.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 057. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2, V/O DATED 20.09.2022 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.08.2017 PASSED IN MVC NO.3205/2016 ON THE FILE OF XIX ADDITIONAL SMALL CAUSE JUDGE & MACT, BENGALURU, PARTLY ALLOWING THE CLAIM Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 14.08.2017 passed by the XIX Additional SCJ and MACT, Bangalore in M.V.C. No.3205 of 2016. 2. The injured claimant, aged 24 years, met with an accident on 29.03.2016 and filed claim application claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted Rs.2,99,891/- with interest at the rate of 7.5% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal mainly contending that he sustained various injuries. It is contended that meager amount was granted for loss of amenities of life. Though he sustained 17% whole body disability, the Tribunal erred in taking the whole body disability at 10% and his income was also wrongly taken - 3 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 as Rs.8,000/- per month and thus, requested for enhancement of the compensation. 4. Heard the arguments of both sides. 5. The petitioner-claimant has stated that he was aged 24 years, at the time of accident and working as a driver earning Rs.15,000/- per month. But he has not filed any document to prove his income. As per the guidelines of the Karnataka State Legal Services Authority, as he met with the accident in the year 2016, his income is to be taken as Rs.9,500/- per month. 6. Petitioner-claimant examined the doctor as P.W.2. As per the medical evidence, the claimant has sustained the following injuries which are grievous in nature: (i) Type II open fracture backbone of right leg (ii) Deep cut wound on back of the neck 7. It is further stated, initially, P.W.1 was admitted on 29.03.2016 and discharged on 13.04.2016. He underwent open reduction implant fixation with interlocking nailing on 04.04.2016. Later, for the second time, he was admitted on - 4 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 21.10.2016 and discharged on 30.10.2016 and thus, he was inpatient for 26 days. 8. Learned counsel for the appellant has contended that, as per the evidence of Doctor-P.W.2, there is discharging of sinus. The doctor has rightly assessed the disability as 17.70% and it is to be taken for assessment for the purpose of the calculation. 9. Learned counsel for the respondent has contended that the Tribunal has rightly considered the whole body disability at 10% and it needs no enhancement. 10. Admittedly, there is mal-union of both bones and so also discharge of sinus. The doctor verified the same and assessed the disability as 17.70%. Therefore, this Court finds that it is just and reasonable to take the disability as assessed by P.W.2-Doctor. Accordingly, the disability is taken as 17% to the whole body. Thus, the loss of income due to permanent disability comes to Rs.3,48,840/- (9,500x12x18x17%). 11. The amount granted at Rs.50,000/- towards pain and suffering holds good. The amount granted for extra nourishment, attendant charges and conveyance is enhanced to - 5 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 Rs.30,000/-. There is no dispute regarding the amount granted towards medical expenses at the rate of Rs.13,091/-. The claimant might not have attended to any other work at least for a period of 5 months, due to the injury sustained in the accident and therefore, loss of income during the laid up period is to be calculated, which comes to Rs.47,500/- (9,500x5) and so also loss of future amenities can be enhanced to Rs.35,000/-. In all, the claimant is entitled for the compensation of Rs.5,24,431/- with interest at 6% per annum as against Rs.2,99,891/- awarded by the Tribunal. 12. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of income due to disability 3,48,840/- 2. Pain and suffering 50,000/- 3. Attendant charges, extra food and conveyance expenses 30,000/- 4. Medical Expenses 13,091/- 5. Loss of income during laid up period 47,500/- 6. Loss of future amenities and happiness 35,000/- Total 5,24,431/- - 6 - HC-KAR NC: 2025:KHC:34961 MFA No. 8669 of 2017 13. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.5,24,431/- with interest at 6% per annum on the enhanced amount. (iv) The Insurance company is directed to deposit the aforesaid compensation amount within one month from the date of receipt of copy of this order. (v) On such deposit, the claimant is permitted to withdraw entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 78