- 1 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4452 OF 2024 (MV-I) BETWEEN: SHIVAKUMARA M.S S/O SOMASHEKARA, AGED ABOUT 35 YEARS, R/O OLD DCC BANK ROAD, ARAKERE VILLAGE AND HOBLI, SRIRANGAPATNA TQ., MANDYA DISTRICT - 571 438. &APPELLANT (BY SRI. SREENIVASAN M Y.,ADVOCATE) AND: 1. SUHAS K S/O SANKEREDDY, MAJOR, NO. 56, K R MILL COLONY, KESARE SIDDALINGAPURA, B O, MYSORE - 570 003. 2. THE MANAGER CHOLAMANDALAM M S GENERAL INSURANCE CO LTD., UNIT NO. 4, 9TH FLOOR LEVEL 6, GOLDEN HEIGHTS COMPLEX, 59 C CROSS, RAJAJINAGAR, BANGALORE - 570 023. &RESPONDENTS (BY SRI. MALLKARJUN REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2 VIDE COURT ORDER DATED 06.02.2025, NOTICE IS DISPENSED WITH) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2023 PASSED IN MVC NO.1001/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT At request of Sri. Sreenivasan M.Y learned counsel for the appellant as well as Sri. Mallikarjuna Reddy who represents Sri. B.Pradeep learned counsel on record for respondent No.2, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Srirangapatna in M.V.C No. 1001/2021 dated 18.12.2023. This is a claimant's appeal. 3. Arguing on the merits of the matter learned counsel for the appellant submits that the appellant filed a petition claiming compensation of ¹18,90,000/- in total. The tribunal without any justification awarded a sum of ¹3,69,000/- as compensation. - 3 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 Learned counsel submits that the appellant sustained three grievous injuries during the course of accident. Learned counsel also submits that the appellant as a Driver by profession was earning more than ¹20,000/- per month. However, the tribunal took the national income of the appellant as ¹13,562/- and thereby awarded very meager sum as compensation under the head loss of future earnings. Learned counsel further contends that the tribunal has awarded a sum of ¹13,562/- only towards loss of income during treatment period and indeed the appellant was taking bed rest for more than 3 months. Learned counsel also states that the compensation granted under other heads is also on lower side. 5. Learned counsel who is representing respondent No.2 on the otherhand submits that the tribunal has also added 40% towards future prospects and awarded a sum of ¹2,73,420/- under the head loss of future earnings which is highly justifiable. Learned counsel contends that there are no grounds to entertain the appeal. 6. The tribunal through the impugned order awarded a sum of ¹3,68,670/- rounded to ¹3,69,000/- as compensation divided under following heads:- - 4 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 Heads Amount in Rs. Towards pain and suffering 30,000.00 Towards future income 2,73,420.00 Towards Attendant charges, Transportation and Miscellaneous expenses 4,000.00 Loss of amenities and Nutritional Food 4,000.00 Towards Medical Expenses 33,688.00 Loss of income during the treatment period 13,562.00 Disappointment, Discomfort, Frustration 10,000.00 Total 3,68,670/- round off to Rs.3,69,000/- 7. It is not in dispute that the appellant sustained crush injury to right lower limb and there was fracture of 3rd and 4th metatarsal bones. The appellant succeeded in establishing that he underwent a surgery and that after discharge he visited hospital for about 8 to 10 times as outpatient to take treatment. The evidence of PW 3 is that the movement of right foot was reduced by 40% and the disability in respect of particular limb is 23%. 8. Having considered these facts this Court is of the view that the compensation granted under the head pain and suffering i.e., ¹30,000/- is on lower side. Likewise, the sum - 5 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 granted towards compensation under the heads attendant charges, transportation and miscellaneous expenses i.e., ¹4,000/- and ¹4,000/- towards loss of amenities in life and for food is also on lower side. As rightly stated, the appellant would have taken bed rest at least for a period of 3 months. Therefore, the amount granted towards loss of income during treatment period i.e., ¹13,562/- is also on lower side. 9. Considering the totality of evidence produced and the amount that is granted as compensation by the tribunal, this Court is of the view that the amount which the appellant is entitled to receive as compensation which can be termed to be justifiable will be only on awarding an additional sum of ¹1,00,000/-. Therefore, 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, Srirangapatna through orders in M.V.C. No. 1001/2021 dated 18.12.2023 is enhanced by ¹1,00,000/-. - 6 - HC-KAR NC: 2025:KHC:35770 MFA No. 4452 of 2024 iii. The enhanced sum shall carry interest at the rate of 6% per annum 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 weeks from the date of receipt of certified copy of this judgment. v. On deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 16 CT: BHK