- 1 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7213 OF 2014 (MV- I) BETWEEN: SRI SIDDESH GUPTA K S/O M C K MURTHY AGED ABOUT 54 YEARS, NO. 82, 1ST CROSS, M S R ENCLAVE, BANGALORE-560 054 …APPELLANT (BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI.ABHINAY.Y.T, ADVOCATE) AND: 1. M/S NATIONAL INSURANCE COMPANY LTD REGIONAL OFFICE, NO. 144, SUBHARAM COMPLEX, M G ROAD, BANGALORE-560001 REPRESENTED BY ITS REGIONAL OFFICER 2. SRI BABU C D S/O CHINNAPPA NAIDU C AGED ABOUT 50 YEARS, NO.29, 10TH CROSS, 3RD MAIN CHANRA LAYOUT, VIJAYANAGARA, BANGALORE-560040 …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 (BY SRI. M ARUN PONNAPPA FOR R1.,ADVOCATE V/O DT. 13.09.2022, SERVICE OF NOTICE TO R2 H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO ALLOW THE APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF 5,13,294-00/- TO 14,86,706/- WITH 12% INTEREST PER ANNUM BY MODIFYING THE AWARD PASSED BY THE MEMBER, PRINCIPAL MACT, BANGALORE, DATED 05.08.2014 PASSED IN MVC NO.8045/2012 AWARDING IN TOTAL A COMPENSATION OF RS.5,13,294-00/- WITH COSTS. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the common judgment dated 5.8.2014 in MVC No.8045/2012 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short). 2. Heard the learned counsel appearing for the both parties. 3. The claimant/appellant sustained injuries in a road traffic accident that occurred on 27.08.2012 and the same is not in dispute, and he has sustained grievous injuries and - 3 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 fracture of left distal humerus comminuted fracture, right acetabulum with right superior and inferior pubic rami fracture, wedge compression fracture D9-D10. 4. The doctor examined as P.W.3, has assessed the disability at 60% to the left shoulder limb and 40% to the whole body. The Tribunal has taken 1/3 disability assessed by the P.W.3 i.e., 60% X 1/3 = 20%, and apart from that the claimant was taking physiotherapy. Thus, I find no reasons to interfere with the said findings. 5. The accident is of the year 2012, and the claimant was aged 52 years at the time of the accident. In the absence of proof of income, the notional income is assessed at Rs.7,000/- per month according to the chart prepared by the Karnataka Legal Services Authority, as opposed to Rs.5,000/- assessed by the Tribunal. 6. Regarding medical bills, it was clearly discussed by the Tribunal that the medical bills amounting to Rs.6,61,184/- along with the prescriptions have been produced. Out of the said bills, 15 receipts amounting to Rs.3,15,000/- were issued - 4 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 by the Kamal Physio Care, and also three advance receipts Ex.P7 series of vouchers. The said amount was not considered by the Tribunal and balance of Rs.3,12,794/- was awarded under the head medical expenses, and held the author of the receipts was not been examined. Considering the nature of injuries sustained by the claimant, this Court finds it just and proper to award Rs.1,00,000/- for physiotherapy. 7. Considering the nature of injuries sustained by the claimant and assessing the notional income of the claimant at Rs.7,000/- as against Rs.5000/- assessed by the Tribunal, the appellant is entitled for the enhanced compensation under the following heads: Awarded by this Court Rs. Medical Expenses 3,12,794/- For Physiotherapy 1,00,000/- Loss of income during laid up period (7000 x4 months) 28,000/- Pain and suffering 30,000/- - 5 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 Loss of future earning capacity 1,84,800/- (7,000x20%x12x11) Conveyance & attendant charges 3,500/- Future Medical expenses 20,000/- Total 6,79,094/- 8. In all, the appellant/claimant is entitled for the total compensation of Rs.6,79,094/- as against Rs.5,13,294/- awarded by the Tribunal. The enhanced compensation is Rs.1,65,800/-. 9. To this extent, the award passed by the Tribunal stands modified. 10. The enhanced compensation of Rs.1,65,800/- shall carry interest at the rate of 6% p.a. from the date of petition till the date of actual realization. 11. The enhanced compensation with interest to be deposited by the respondent - Insurance Company within a period of one month from the date of receipt of certified copy of this order. - 6 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 12. The entire enhanced compensation amount with accrued interest to be released in favour of the appellant/claimant. SD/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 35 - 7 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI SIDDESH GUPTA K VS. M/S NATIONAL INSURANCE AND ANOTHER] 27.02.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER ON 'FOR BEING SPOKEN TO' The appeal is disposed by a judgment dated 19.08.2025. Owing to certain typographical error or inadvertent omission, the appellant has moved the matter for ‘being spoken to’. Against the case of the injury, injured/claimant filed claim petition. Insurance company has not deposited any amount. Compensation is enhanced from Rs.5,13,294/- to Rs.6,79,094/- But in the order, it was mentioned that he was directed to deposit the enhanced compensation on the presumption that he might have deposited the entire awarded amount before the tribunal prior to the preferring of the appeal. But it is brought to the notice of this Court that they have not deposited the entire compensation but only deposited enhanced compensation as per the orders in clause 11. It was specifically stated that insurance company is liable to deposit the amount. Therefore as they are directed to deposit the enhanced compensation of Rs.1,65,800/- and they are also directed to deposit the balance compensation of - 8 - HC-KAR NC: 2025:KHC:32086 MFA No. 7213 of 2014 Rs.5,13,294/- (out of Rs.6,79,094) within one month from the date of this order. On such deposit, already petitioner is permitted to withdraw the said amount. This order shall be treated as part and parcel of the judgment that is passed on 19.08.2025. Sd/- (P SREE SUDHA) JUDGE VS List No.: 1 Sl No.: 2