- 1 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8563 OF 2022 (MV-I) BETWEEN: SRI. RAVI Y.P, S/O. PUTTASWAMYGOWDA, AGED ABOUT 36 YEARS, RESIDING AT NO. YADAHALLI, YELAWALA HOBLI, MYSURU TALUK PIN:570 004. …APPELLANT (BY SRI. SANATH KUMAR KM.,ADVOCATE) AND: 1. SMT. PARVATHAMMA W/O SANNAMARIGOWDA MAJOR. R/AT ALAMBADI KAVALU. K.R. PETE TALUK PIN-577 133. 2. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE-II, R/AT NO.2912, SRI VENKATESHWARA PLAZA, 1ST MAIN ROAD, SARASWATHIPURAM, MYSURU-570 009. …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2, VIDE ORDER DATED 18.04.2023, NOTICE TO R1 IS DISPENSED) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2022 PASSED IN MVC NO. 753/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 aggrieved by the judgment and award dated 28.04.2022 passed by the IV Additional District Judge and MACT, Mysuru (for short `Tribunal'), in MVC No.753/2020 seeking enhancement of compensation. 2. Though the appeal is slated for admission, with consent of learned advocates appearing for both the sides, the matter is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. The brief facts of the case are that, the claimant sustained grievous injuries in a vehicle accident occurred on - 3 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 03.11.2019 by involvement of the motor bike bearing registration No.KA-54-H-1843 at Belthur Gate, K.R.Pete. He has spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has suffered from permanent disability and loss of his earning capacity. With these reasons, the claimant has prayed for awarding of compensation Rs.19,25,000/- 5. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. Respondent No.1 remained ex parte before the Tribunal. Respondent No.2 in its written statement denied the petition averments and denied its liability to pay compensation. With these reasons, it prayed to dismiss the claim petition. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. The claimant to prove his case, examined two witnesses PW-1 and PW-2 and marked 16 documents, as per Exs.P-1 to P-16. Respondent No.2 has not lead oral or documentary evidence. - 4 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 8. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and suffering 25,000 Medical expenses 70,000 Loss of future income 1,61,280 Future medical expenses 25,000 Food and nourishment 15,000 Attendant and traveling expenses 15,000 Loss of amenties 20,000 Total 3,31,280 Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 9. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 10. Fact of the accident and injuries to the claimant are not in dispute. Respondents have not filed any appeal against the said judgment and award. 11. Learned counsel for the appellant/claimant contended that the Tribunal has taken permanent disability - 5 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 at 6% though the doctor has stated the permanent disability to an extent of 25% to right tibia. He further contended that the amount of compensation awarded under other heads are on lower side, which requires to be enhanced. 12. The learned counsel for respondent -insurer submits that the Tribunal has properly appreciated the facts of the case and awarded just compensation and it does not call for any interference by this Court. 13. Considering the material available on record, the compensation awarded by the Tribunal on some of the heads are on lower side, which needs interference by this Court. 14. The claimant sustained fracture of right tibia. The claimant was said to be working as mason and aged about 33 years. Considering the same, the Tribunal ought to have taken permanent disability to the whole body as 1/3rd comparing to lower limb. Therefore, the Tribunal ought to have taken disability of 8% instead of 6% for assessment of compensation under the head 'loss of future earning capacity due to permanent disability.' - 6 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 15. The Tribunal has not awarded any amount towards loss of income during laid up period. Looking to the injuries sustained, he might not be in a position to attend the work for three to four months and lost his earnings. The Tribunal assessed the income of the claimant as Rs.14,000/- per month. The Tribunal therefore ought to have awarded loss of income for a period of three months towards laid up period. Considering the disability stated and restrictions of the movement stated by PW-2, the claimant has lost some of the amenities available to a healthy person, which was not properly compensated. Even the amount awarded under the head pain and suffering is lower side, which requires enhancement. There is no dispute regarding the multiplier applied. 16. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 40,000 Medical expenses 70,000 Attendant expenses, special diet and conveyance charges 15,000 Loss of income during laid up period 42,000 - 7 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 (Rs.14,000x3) Loss of income due to permanent disability (Rs.14,000x12x16x8) 2,15,040 Loss of amenities 40,000 Food and nourishment 15,000 Future Medical expense 25,000 Total 4,62,040 Amount awarded by the Tribunal Enhancement- Rounded off - 3,31,280 1,30,760 1,31,000 The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation. 17. Undisputedly, respondents are jointly and severally liable to pay the said amount of compensation. 18. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 28.04.2022 passed by the IV Addl.District Judge and MACT, Mysuru in MVC No.753/2020 stands modified; - 8 - HC-KAR NC: 2025:KHC:46010 MFA No. 8563 of 2022 iii) The claimant is entitled to enhanced compensation of Rs.1,31,000/- with interest at the rate of 6% p.a., from the date of petition till its realization, (future medical expenses of Rs.25,000/- does not carry interest). 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 of the Tribunal shall remain unaltered. vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 21