- 1 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3913 OF 2021(MV-I) BETWEEN: KENCHARAJU N., S/O. NARASAPPA, NOW AGED ABOUT 38 YEARS, R/AT CHANNANAKUNTE VILLAGE, SIRA TALUK TUMKUR DISTRICT, NOW R/AT NEAR 80 FEET ROAD, SIRA GATE TUMAKURU TOWN. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. C. E. UMESH, S/O ERAPPA, NOW AGED ABOUT 38 YEARS, R/AT CHANNANAKUNTE VILLAGE, SIRA TALUK, TUMKUR DISTRICT - 572 101. 2. THE BRANCH MANAGER, UNTIED INDIA INS CO. LTD., 1ST FLOOR JAYADEVA COMPLEX, B. H. ROAD, TUMAKURU - 572 101. …RESPONDENTS (BY SRI. JWALA KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2021 PASSED IN MVC NO. 1324/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 ORAL JUDGMENT Heard Sri Raghu R., learned counsel for the appellant as well as Sri Jwala Kumar, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is passed by the Motor Accidents Claims Tribunal, Tumakuru, in MVC.No.1324/2018 dated 27.04.2021. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident and became permanently disabled, the appellant filed a petition claiming compensation of - 3 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 Rs.15,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.4,54,000/- as compensation and aggrieved by the same, the present appeal is filed. 4. Learned counsel for the appellant submits that the appellant sustained three grievous injuries in the road traffic accident. He took extensive treatment by getting admitted in the Hospital. During the course of treatment a surgery was also conducted. The appellant examined the Doctor, who assessed the disability as PW.2. PW.2 assessed the disability in respect of the whole body as 13%. However, for the reasons best known the Tribunal took the disability in respect of whole body at 10% and awarded very meager sum as compensation under the head loss of future income. Learned counsel also states that the Tribunal awarded a sum of Rs.10,000/- only towards loss of earning during the laid up period. Learned counsel submits that due to the injuries sustained, the appellant resigned to his job. Learned counsel thereby seeks to award a sum that is claimed by appellant as compensation. 5. Vehemently opposing the submission thus made, learned counsel for respondent No.2 contends that the appellant neither - 4 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 established the genuineness of Ex.P10 - salary certificate nor the fact of resignation. Learned counsel also states that the Tribunal having considered the entire evidence that is brought on record awarded justifiable sum of compensation and therefore, the award needs no interference. 6. A perusal of record, reveals that the Tribunal awarded a sum of Rs.40,000/- under the head pain and suffering, Rs.35,000/- under the head loss of amenities, Rs.71,000/- under the head medical expenses, 10,000/- towards loss of income during treatment period, Rs.10,000/- towards conveyance, nourishment and other incidental charges and Rs.2,88,000/- towards loss of future income. The Tribunal granted a sum of Rs.4,54,000/- in total as compensation. 7. By all the evidence produced, the appellant succeeded in establishing that he sustained right ankle tear, right avulsion fracture of PCL and right jones fracture. PW.2 gave evidence to the effect that the appellant suffered physical disability to the lower limb at 39% and 13% to the whole body. However, as rightly contended by learned counsel for the appellant, the Tribunal took the disability in respect of whole body as 10%. - 5 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 That apart, the Tribunal awarded a sum of Rs.10,000/- only towards loss of income during laid up period. Having considered the nature of injuries sustained by the appellant, this Court is of the view that the appellant must have taken bed rest at least for a period of 3 to 4 months. Thus having considered all these facts, this Court is of the view that the sum which the appellant receives as compensation would be justifiable, in case the amount that is granted as compensation by the Tribunal is enhanced by Rs.90,000/-. Therefore, the appeal is disposed of with the following :- ORDER a. The appeal is allowed in part; b. The compensation that is granted by the Motor Accidents Claims Tribunal, Tumakuru through orders in MVC No1324/2018 dated 27.04.2021 is enhanced by Rs.90,000/-. c. The enhanced amount shall carry interest @ 6% p.a. from the date of petition till the date of deposit. - 6 - HC-KAR NC: 2025:KHC:26578 MFA No. 3913 of 2021 d. Respondent No.2 is directed to deposit the enhanced amount within a period of eight weeks from the date of receipt of certified copy of this order. e. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NG List No.: 1 Sl No.: 47