- 1 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1991/2017 (MV-I) BETWEEN: SRI. NAVEEN, S/O NARAYANASWAMY, AGED 31 YEARS, R/O. 3RD CROSS, AGADIMATHA, SAGAR TOWN-577 401. …APPELLANT (BY SRI. BIMBADHAR M GOWDA ., ADVOCATE) AND: 1. GIRISH K.N S/O NAGARAJAPPA, AGED ABOUT 37 YEARS, R/O KOWTHI VILLAGE, ML HALLI POST, SAGAR TALUK SHIMOGA DISTRICT-577 401. 2. NAGARAJ, S/O KALLI HUCHAPPA, AGED ABOUT 57 YEARS, R/O ML HALLI POST, SAGAR TALUK, SHIMOGA DISTRICT-577 401. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO LTD., J.C. ROAD, SAGAR TALUK, SHIMOGA DISTRICT-577 401. …RESPONDENTS Digitally signed by MADHURI S Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 (BY SRI. RAVISH BENNI., ADVOCATE FOR R3, R1 AND R2-NOTICE IS D/W V/O DTD: 06.12.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.10.2016 PASSED IN MVC NO.1071/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 seeking enhancement of compensation in MVC No.1071/2015 dated 26.10.2016 passed on the file of the V Additional District & Sessions Judge, Additional MACT, Shivamogga, Sitting At Sagar. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. Notice to respondent Nos.1 and 2 are dispensed with. - 3 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 3. Injured/claimant filed claim application claiming compensation of Rs.17,45,000. However, the tribunal after considering the entire evidence on record, granted an amount of Rs.1,38,687/- with interest at the rate of 6% p.a., from the date of petition till the date of realization. Aggrieved by the said order, this appeal is preferred. 4. Learned counsel for the appellant contended that the appellant suffered multiple fractures, but the amount granted was meager. Further contended that the appellant was aged 28 years, working as a plumber cum electrician and he sustained total functional disability. He could not handle a hammer and heavy equipment. However, the said fact was not considered by the tribunal. A meager amounts were granted for pain and suffering. Also, the appellant sustained another 100% functional disability. Therefore, requested for - 4 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 enhancement of compensation. As per Ex.P5/wound certificate, appellant sustained the following injuries; 1) Fracture of left clavicle. 2) Fracture of Right index finger. Further, they produced X-rays under Ex.P7. PW2 stated that he was admitted as inpatient and undergone surgery on 20.10.2014 and locking plate was inserted to the shoulder and many fragments were inserted to the right hand and discharged on 23.10.2014 Thereafter, he attended follow-up treatment subsequently fractures were united. PW2 further stated that though he treated the appellant for 9 days, appellant took follow up treatment till 15.06.2016. Accident occurred on 16.10.2014 and thus he took treatment for 12 months. 5. Learned counsel for the appellant mainly contended that there was 100% disability, but it was not considered by the tribunal. It is also stated that as per - 5 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 the guidelines of the Karnataka State Legal Services Authority, if a person sustains accident in the year 2014, notional income of Rs.8,500/- per month is to be taken, but the tribunal erred in taking Rs.6,000/- only. 6. Learned counsel for the appellate further stated that doctor specifically stated that he could not handle the hammer and heavy equipment in view of injury sustained by the petitioner. Admittedly, petitioner was a plumber cum electrician aged 29 years. Considering the nature of injuries and his occupation, this court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards the injuries. Also, as he could not do any work, considering the nature of injuries, this court finds it reasonable to grant an amount of loss of earnings for 6 months, Rs.8,500/- X 6 = Rs.51,000/-. Loss of amenities of Rs.15000/- holds good and attendant charges will be enhanced to Rs.10,000/-. Nourishment and conveyance granted to Rs.20,000/-. - 6 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 7. Thus in all, this Court has awarded the compensation under various heads as follows: Hence, the appellant-claimant is entitled for a total enhanced compensation to Rs.2,43,687/- along with interest at the rate of 6% p.a. Particulars Amount in Rs. Loss of dependency/injuries 50,000 Loss of income during treatment period 51,000 Pain and suffering 25,000 Medical expenses 52,687 Removal of implant 20,000 Loss of future amenities 15,000 Attendant charges 10,000 Nourishment, diet and conveyance 20,000 Total 2,43,687 - 7 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 8. In the result, the following order is passed: ORDER i. Appeal is partly allowed. ii. The judgment and award in MVC No.1071/2015 dated 26.10.2016 passed on the file of the V Additional District & Sessions Judge, Additional MACT, Shivamogga, Sitting At Sagar, is here modified; iii. The claimant is entitled to a sum of Rs.2,43,687/- along with interest at 6% p.a., from the date of petition till the date of realization, as against Rs.1,38,687/-. - 8 - HC-KAR NC: 2025:KHC:30706 MFA No. 1991 of 2017 iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order. v. On such deposit, appellant is permitted to withdraw the entire amount along with the interest accrued on the same. SD/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 77