- 1 - HC-KAR NC: 2025:KHC:37638 MFA No. 3256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3256 OF 2025(MV-I) BETWEEN: SREE RANGAPPA, S/O KAMANNA (LATE), AGED ABOUT 57 YEARS, R/AT NO.4, 2ND FLOOR, 9TH CROSS, NAGASANDRA POST, BAGALAGUNE BENGALURU-560073. PERMANENT ADDRESS: HULIDORE AT POST, BUKKAPATNA HOBLI, HULIDORA SIRA TALUK, TUMKUR-572 115. …APPELLANT (BY SRI. SATHEESH H. K., ADVOCATE) AND: 1. ARUN B., S/O BYLAPPA, MAJOR NO.865, SRI. RAMANJANEYA NILAYA THOTAGADUDDADAHALLI, NAGASANDRA POST, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37638 MFA No. 3256 of 2025 BENGALURU-560 073. (RC OWNER OF THE MARUTHI ERTIGA CAR BG. REGN. NO.KA-52-N-0232) 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., SECOND FLOOR, SVR COMPLEX, HOSUR MAIN ROAD, BENGALURU-560 068. REPRESENTED BY ITS MANAGER, POLICY NO.3001/MI/07491527/00/000, VALID FROM 13/05/2019 TO 12/05/2022) …RESPONDENTS (BY SRI. PHANEENDRA, ADVOCATE FOR SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2025 PASSED IN MVC NO. 4432/2022 ON THE FILE OF THE X ADDITIONAL COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16), 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37638 MFA No. 3256 of 2025 ORAL JUDGMENT Heard Sri.Satheesh.H.K, learned counsel for the appellant as well as Sri.Phaneendra who represents Sri.A.N.Krishna Swamy, learned counsel on record for respondent No.2. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. The claimant in MVC No.4432/2022 that stood pending before the Motor Accident Claims Tribunal, Bengaluru and was disposed of through order dated 20.01.2025 is before this Court seeking enhancement in compensation. 3. Learned counsel for the appellant submits that the appeal is filed only on two grounds. Firstly, that the compensation awarded under the head loss of income during laid up period is grossly low and secondly, that the compensation granted towards attendant charges, food and nourishment, pain and suffering and loss of amenities is also on lower side. Learned counsel submits that the appellant took treatment as inpatient for a period of 15 days and he is left with disability in respect of whole body to an extent of 20% as assessed by the Tribunal. Learned counsel submits that the - 4 - HC-KAR NC: 2025:KHC:37638 MFA No. 3256 of 2025 appellant could not attend his normal pursuits for a period of 6 months. However, the Tribunal awarded a sum of Rs.31,000/- only towards loss of income during laid up period. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, learned counsel who represents respondent No.2 states that the compensation granted is just and reasonable. 5. The appellant succeeded in establishing that he sustained grievous injury at right fronto temporo parietal region and he took treatment as inpatient for a period of 15 days. Considering the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of 4 months. However, the Tribunal awarded loss of earnings for a period of 2 months only. Also as rightly stated, the compensation granted towards pain and suffering, attendant charges, towards food and nourishment, towards conveyance and towards loss of amenities is on lower side. Therefore, this Court is of the view that globally the appellant is entitled to an additional sum of Rs.60,000/-. - 5 - HC-KAR NC: 2025:KHC:37638 MFA No. 3256 of 2025 6. Thus, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.4432/2022 dated 20.01.2025 is enhanced by Rs.60,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 78