- 1 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8133 OF 2023 (MV-I) BETWEEN: SRI. K.N PRAKASH, S/O NALLAMARAPPA K., AGED ABOUT 44 YEARS, RESIDING AT KUMBARAHALLI VILLAGE BUKKAPATNA HOBLI SIRA TALUK. NOW RESIDING AT IST CROSS SIRA GATE, TUMAKURU CITY-572 101. …APPELLANT (BY SRI. SHANTHARAJ K.,ADVOCATE) AND: 1. SRI GAJENDRA PASAD H.N., S/O NARASIMHAMURHTY AGED ABOUT 26 YEARS RESIDING AT RAJABEEDI HEGGERE, S.S.M.C POST KASABA HOBLI TUMAKURU TALUK-572 101. 2. THE BRANCH MANAGER, CHOLAMANGALAM MS GEN.INS.,CO., LTD., UNIT NO.4, 9TH FLOOR(LEVEL-06) GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK BENGALURU-560 010. …RESPONDENTS (BY SRI.MALLIKARJUNA REDDY.,ADVOCATE FOR SRI. B.PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 17.12.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO. 388/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 being aggrieved by the judgment and award dated 03.10.2023 passed by the VI Addl. District and Sessions Judge and MACT, at Tumakuru (for short `Tribunal'), in MVC No.388/2022, seeking enhancement of compensation. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 3. With the consent of both the parties, the matter is taken up for final disposal. 4. The brief facts of the case are that, on 31.12.2021, at 8.00 a.m, when the petitioner was proceeding as a pillion rider on motor cycle bearing registration No.KA-06-HH-6911 near Tadakalur gate, Sira- amarapura road, the rider of the motorcycle was riding it in a rash and negligent manner and lost control over the vehicle. As a result, he dashed against a person who was standing beside the road, causing an accident in which the petitioner sustained grievous injuries. He underwent surgery and took treatment as in-patient He has spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has been suffering from a permanent disability. With these reasons, prayed to award compensation of Rs.10,00,000/-. 5. The respondent No.1 is the owner and respondent No.2 is the insurer of the offending - 4 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 motorcycle. Respondent No.1 - owner filed objections denying the contentions of the claimant and further contended that the said vehicle was insured with respondent No.2 and respondent No.2 is liable to pay the compensation. Respondent No.2-insurer has not filed written statements. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. The claimant to prove his case, examined 2 witnesses as PW-1 and PW-2 and marked 15 documents, as per Exs.P-1 to P-15. Respondent No.2 has not lead any oral or documentary evidence. 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 80,000 - 5 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 Loss of amenities 20,000 Loss of income during treatment period 30,000 Attendant's and conveyance charges etc., 15,000 Medical expenses 60,715 Loss of future income 2,52,000 Future medical expenses 50,000 Total 5,07,715/- 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. Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation. - 6 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 11. Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 12. Fact of the accident is not in dispute. The Tribunal after appreciating the evidence on record, held that the accident occurred due to the negligence of driver of the motor cycle, which is not in dispute by either side. Hence, there is no need to reconsider the same. 13. The Tribunal in the impugned judgment assessed the age of the claimant as 43 years at the time of the accident, taken his income as Rs.16,000/- per month, applied the multiplier of `14', assessed the disability as 10% to the whole body and awarded the compensation. - 7 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 14. On re-appreciating the evidence available on record, the amount of compensation under some of the heads are on the lower side, that requires enhancement. 15. Looking at the evidence of PW-1 and PW-2, the claimant is entitled for enhancement of Rs.30,000/- in respect of loss of amenities. The Tribunal has considered loss of income during laid up period only to an extent of two months. The claimant sustained injury of left wrist and he was working as a coolie. Therefore, he may not be able to do his regular work for a period of three months. 16. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 80,000 Medical expenses 60,715 Attendant expenses, special diet and conveyance charges 25,000 Loss of income during laid up period (Rs.15,000x3) 45,000 Loss of income due to permanent disability 2,60,400 - 8 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 (Rs.15,500 x 12 x 14 x 10%) Loss of amenities 50,000 Future medical expenses 50,000 Total 5,71,115 Amount awarded by the Tribunal Enhancement- Rounded off- 5,07,715 63,400 64,000 Claimant is entitled to interest @ 6% per annum on the enhanced amount. 17. Respondent Nos.1 and 2 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 03.10.2023 passed by the VI Addl. District and Sessions Judge and MACT, Tumakuru in MVC No.388/2022 stands modified. iii) The claimant is entitled to enhanced compensation of Rs.64,000/- with interest - 9 - HC-KAR NC: 2025:KHC:41424 MFA No. 8133 of 2023 at the rate of 6% p.a., from the date of petition till its realization. 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 the copy of the judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 4