- 1 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4605/2015 (MV-I) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., NO.346, 2ND FLOOR, MANANDI COURT 27TH CORSS, JAYANAGAR 3RD BLOCK, BANGALORE-560 011, REPRESENTED BY MOTOR THIRD PARTY, CLAIMS HUB, MAHALAKSHMI CHAMBERS, NO.9, 2ND FLOOR, MAHATMA GANDHI ROAD, BANGALORE-560 001, BY ITS DULY CONSTITUTED ATTORNEY …APPELLANT (BY SRI. RAVISHANKAR C R., ADVOCATE) AND: 1. SRI JAGADISH, AGED ABOUT 28 YEARS, S/O SRI GANGAPPA, R/O AKKAJAHALLI, KORATAGERE TALUK, TUMKUR DISTRICT-572 101. 2. SRI K N SHAMANNA, MAJOR, S/O SRI NANJUNDAPPA, R/O KALVA, NARASAPURA HOBLI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 DODDAVALLABBI POST, KOLAR TALUK-563 101. …RESPONDENTS (BY SRI. H J ANANDA, ADVOCATE FOR R1, R2 IS SERVED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.03.2015 PASSED IN MVC NO.3417/2012 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, MEMBER, MACT-4, COURT OF SMALL CAUSES, BANGALORE, AWARDING COMPENSATION OF Rs.3,88,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Insurance under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.03.2015 passed in MVC No.3417/2012 on the file of the XVIII Additional Judge, Member, MACT-4, Court of Small Causes, Bengaluru, to modify or set aside the said judgment. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. Notice to respondent No.2 is dispensed with. - 3 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 3. The case before the tribunal was that the injured claimant filed claim application claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted Rs.3,88,000/- with interest at the rate of 6% p.a.from the date of petition till the date of deposit. 4. Aggrieved by the said order Insurance company preferred this appeal and they mainly contended that as per the wound certificate, claimant sustained 4 simple injuries and 1 fracture injury which is grievous in nature and he took treatment in the Government Hospital, underwent surgery, free of cost. But the Tribunal granted Rs.61,000/- towards medical expenses and it is unreasonable. Petitioner to prove his case, examined PW2, doctor who treated the claimant. As per the evidence of RW5, there was no Shiva Orthopedic Center and the medical bills are not supported with the prescription. PW2 assessed the disability as 90%. PW2 was suspended from the Government Hospital, Koratagere. It is a clear case of - 4 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 fabrication of medical records and medical bills. Therefore, the Tribunal erred in granting Rs.1,62,000/- towards loss of future earning. Tribunal also granted Rs.15,000/- towards loss of earning during laid up period, based on the evidence of PW2 and it is not proper. Therefore, requested either to set aside the award or modify the award dated 09.03.2015. 6. As per the wound certificate, the petitioner was aged 25 years, doing agriculture work and earning Rs.15,000/- per month, he met with an accident on 06.05.2012 and sustained the following injuries i.e., right leg fracture with bleeding cut lacerated wound, right foot abrasion, left side shoulder abrasion, left side chin CLW, x-ray right leg shows compound fracture tibia and fibula as per Ex.P5 wound certificate, wound Nos.1 to 4 are simple injuries and injury No.5 is described as grievous in nature. 7. No doubt petitioner examined PW2/Doctor. This court perused the cross examination of PW2. Admittedly PW2 was working in a Government Hospital, but he gave - 5 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 medical bills in the name of two other hospitals. After the cross examination, the Insurance Company gave complaint to Medical Officer Koratagere taluk/RW5 and then the PW2 was suspended and thus appellant hereinafter mainly contended that the evidence of PW2 cannot be considered. 8. Considering the nature of injuries, this court finds it reasonable to grant an amount of Rs.20,000/- for injuries, he was hospitalized for a period of 22 days. Therefore, this court finds it reasonable to grant an amount of Rs.25,000/- for pain and suffering and Rs.25,000 for loss of amenities and Rs.40,000/- towards medical expenses. As he met with accident on 06.05.2012, his notional income is to be taken as Rs.7000/- per month as per the guidelines of Karnataka State Legal Services Authority. He might not have attended any work atleast for a period of 4 months. Therefore, Rs.7000 x 4 months = Rs.28,000/- is granted towards loss of laid up period. Considering the nature of - 6 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 injuries and period of hospitalization, this court also finds it reasonable to grant Rs.30,000/- towards transportation, extra nourishment and attendant charges. 9. Thus in all, components awarded by this court are as below, Hence, the appellant-claimant is entitled for compensation of Rs.1,68,000/- along with interest at the rate of 6% p.a., instead of Rs.3,88,000/- as granted by the tribunal. Particulars Amount in Rs. Towards Injuries 20,000 Pain and suffering 25,000 Loss of amenities 25,000 Loss of earning during laid up period 28,000 Medical expenses 40,000 Transportation, Extra nourishment and Attendant charges 30,000 Total 1,68,000 - 7 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 10. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award dated 09.03.2015 passed in MVC No.3417/2012 on the file of the XVIII Additional Judge, Member, MACT-4, Court of Small Causes, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.1,68,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,88,000/- granted by the tribunal. iv. Appellant is directed to deposit the amount within one month from the date of this order. - 8 - HC-KAR NC: 2025:KHC:38942 MFA No. 4605 of 2015 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same, and vi. Amount already deposited by the appellant is to be transferred to the MACT and if any excess amount deposited by the Insurance Company, the same shall be refunded to them. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 31