- 1 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4183 OF 2024 (MV-I) BETWEEN: SRINIVAS S/O YALLAPPA AGED ABOUT 63 YEARS RA/T NO. 50, MADUGIRIHALLI SHIVAKOTE, BENGALURU - 89 &APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. MR. R.G. GANGADHARAPPA S/O RAMANJINAPPA, , MAJOR R/AT NO. 606, RGPN HOUSE 20TH CROSS, 1ST MAIN ROAD KIRLOSKAAR LAYOUT NAGASANDRA POST BENGALURU - 73. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO., LTD., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 NO.28, 5TH FLOOR, SOUTHERN PORTION EAST WING, CENTENARY BUILDING M.G ROAD, BENGALURU - 01 &RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCAE FOR R2; VIDE COURT ORDER DATED 12.09.2025, NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN MVC NO. 4239/2021 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 ORAL JUDGMENT At request of Sri. K.V.Naik learned counsel for the appellant as well as Sri. H.C.Betsur learned counsel for respondent No.2, the matter is taken up for final hearing and disposal. 2. This appeal is directed against the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.4239/2021 dated 17.02.2024. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident, the appellant filed a petition claiming compensation of Rs.10,00,000/- in total. The tribunal through the impugned order awarded a sum of Rs.2,36,750/- as compensation. The version of the appellant is that he is entitled to a higher sum. 4. Arguing the matter, learned counsel for the appellant submits that the appellant as an agriculturist and by doing business was earning Rs.25,000/- per month. The appellant sustained four simple injuries and two grievous injuries. However, the tribunal awarded a sum of Rs.40,000/- only under the head pain and suffering. Learned counsel states that - 4 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 the appellant took extensive treatment and during the course of treatment he underwent a surgery also. PW-2 gave evidence to the effect that the disability in respect of whole body is 10%. However, the tribunal taking the disability in respect of whole body as 8% and awarded a sum of Rs.1,29,600/- only towards loss of future income. Learned counsel states that the appellant could not attend his normal pursuits for a long period. But the tribunal awarded a sum of Rs.15,000/- only towards loss of income during laid up period. Therefore, the present appeal is filed seeking enhancement of compensation. 5. On the other hand the submission that is made by learned counsel for respondent No.2 is that the tribunal by considering the totality of evidence awarded justifiable sum as compensation, however, there may be marginal enhancement in the light of the submission that is made by learned counsel for the appellant. 6. The appellant succeeded in establishing that he sustained a crush lacerated injury over the right foot, a contusion injury over the right dorsum of foot, a lacerated wound over the right hand ring finger, contusion over the right - 5 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 forearm, which are simple in nature. The appellant also succeeded in establishing that he sustained fracture at the base of middle phalanx 4th finger and fracture of 5th metatarsal bone which are grievous in nature. Considering the nature of injuries sustained, this Court is of the view that the appellant is entitled to a sum of Rs.70,000/- under the head pain and suffering. However, the tribunal awarded a sum of Rs.40,000/- only under the said head. Thus, the enhancement will be Rs.30,000/- (Rs.70,000/- - Rs.40,000/-). 7. So far as the loss of earnings during laid up period is concerned, having considered the nature of injuries sustained, this Court is of the view that the appellant would not have attended his normal pursuits atleast for a period of four months. Thus, loss of earnings during laid up period comes to Rs.60,000 (Rs.15,000x 4). However, the tribunal awarded a sum of Rs.15,000/- only under the said head. Thus, the enhancement will be Rs.45,000/- (Rs.60,000/- - Rs.15,000/-). 8. Therefore the appellant is entitled to a total sum of Rs.75,000/- (Rs.30,000/- + Rs.45,000/-) in addition to the sum awarded by the tribunal as compensation. The sum granted as - 6 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 compensation under all other heads is just and reasonable. This Court does not find any grounds for interference. 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, Bengaluru through orders in M.V.C. No.4239/2021 dated 17.02.2024 is enhanced by Rs.75,000/-. 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 eight weeks from the date of receipt of certified copy of this judgment. - 7 - HC-KAR NC: 2025:KHC:36977 MFA No. 4183 of 2024 v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 74 CT: BHK