- 1 - HC-KAR NC: 2025:KHC:35665 MFA No. 553 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 553 OF 2016 (MV-I) BETWEEN: SRI. T. MANJUNATHA, S/O NATARAJA GOUNDAR, AGED ABOUT 25 YEARS, R/O THAMADIHALLI, SHIVAMOGGA, TALUK, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. RUDRAPPA P., ADVOCATE) AND: 1. SRI. AFROZ, S/O WAJID KHAN, AGED ABOUT 29 YEARS, R/O SIDDESHWARA CIRCLE, LAKSHMI CLINIC OPPOSITE, GOPALA, SHIVAMOGGA, SHIVAMOGGA TALUK AND DISTRICT 2. SRI. FAIROZ, S/O MOHAMMED ANWAR, AGED ABOUT 31 YEARS, R/O NEW MANDLI, SHIVAMOGGA, SHIVAMOGGA TALUK AND DISTRICT 3. THE UNITED INDIA INSURANCE CO.LTD., SHIVAMOGGA, SHIVAMOGGA TALUK AND DISTRICT. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3, V/O DATED 29.09.2016 NOTICE TO R1 AND R2 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35665 MFA No. 553 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.4.2015 PASSED IN MVC NO.264/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, ADDITIONAL MACT-III, SHIVAMOGGA,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 Heard the arguments of both sides. 2. This appeal is preferred against the judgment and award of the Court of Additional District Judge and Additional MACT-III, Shivamogga, in M.V.C. No.264 of 2013 dated 28.04.2015. 3. The injured claimant filed claim application claiming compensation of Rs.5,00,000/- with interest. The tribunal, considering the entire evidence on record, granted Rs.72,050/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Against the said order, this appeal is preferred by the claimant in which it is contended that he met with an accident - 3 - HC-KAR NC: 2025:KHC:35665 MFA No. 553 of 2016 that occurred on 28.04.2011, he was aged 20 years, doing agriculture and earning Rs.12,000/- per month. He sustained fracture of right orbital roof and abrasion over upper lips. It is further contended that he was inpatient for 7 days and he was under bed rest for 8 months, but the Tribunal granted compensation only for 2 months. The income calculated by the Tribunal is also inappropriate. The amount granted under all the heads is on the lower side and therefore, requested for enhancement of compensation. 5. Considering the nature of injuries sustained by the petitioner-claimant and also the period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.35,000/- for pain and suffering, Rs.15,000/- for conveyance, attendant and nutrition, Rs.20,050/- toward medical expenses, loss of earning for 3 months Rs.19,500/- (i.e. Rs.6,500/- x 3) and Rs.20,000/- towards loss of amenities. 6. It is submitted that the petitioner-claimant did not examine the doctor and as such, the disability cannot be considered. - 4 - HC-KAR NC: 2025:KHC:35665 MFA No. 553 of 2016 7. Thus, the total compensation comes to Rs.1,09,550/- with interest at 6% per annum as against the compensation of Rs.72,050/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Pain and suffering 35,000/- 2. Conveyance, attendant and nutrition 15,000/- 3. Medical expenses 20,050/- 4. Loss of earning for 3 months 19,500/- 5. Loss of amenities 20,000/- Total 1,09,550/- 9. In the result, the following order is passed: (i) Appeal is allowed. (ii) The claimant is entitled for the total compensation of Rs.1,09,550/- with interest at 6% p.a. from the date of petition till the date of realization. - 5 - HC-KAR NC: 2025:KHC:35665 MFA No. 553 of 2016 (iii) Respondent No.3-Insurance company is directed to deposit the aforesaid compensation amount within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 61