- 1 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 328 OF 2017 (MV-I) BETWEEN: VENKATARAJU S/O. BOPPASHETTY, AGED ABOUT 63 YEARS, R/O. KOWDALLI VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT 571313 …APPELLANT (BY SRI. SUMANTH L BHARADWAJ, ADVOCATE) AND: 1. THE CHAIRMAN BOARD OF TRUSTEES, SRI. MALI MAHADESHWARA SWAMY TEMPLE, MM HILLS, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT 571313. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD, T B HUB, BALLA CIRCLE, MYSORE 570001. …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R2 SRI. CHANDRAKANTH R GOULAY, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2015 PASSED IN MVC NO.84/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, KOLLEGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant challenging the judgment and award dated 20.03.2015 passed in MVC No.84/2014 by the Senior Civil Judge and JMFC., Kollegal1 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 20.03.2015 partly allowed the claim petition and awarded a total compensation of `1,23,902/- together with interest 6% per annum. 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 4. Heard the submissions of learned counsel Sri Sumanth L. Bharadwaj, appearing for appellant/claimant, learned counsel Sri Chandrakanth R. Goulay for respondent 1 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 No.1/owner, learned counsel Sri O.Mahesh appearing for the respondent No.2/insurer. Perused the records including the records of the Tribunal. 5. The relevant facts are that the claimant was aged 60 years as on the date of the accident i.e., as on 19.01.2014. It was averred that the claimant was an Agriculturist and milk vendor and earning `10,000/- per month. The Tribunal noticing the same, has assessed the income of the claimant at `5,000/- per month. Having regard to the fact that the claimant has not produced any material to demonstrate his income and having regard to the date of the accident, the notional income of the claimant is re-assessed as `8,500/- per month. 6. The claimant has sustained fracture of C6 spine and caminau fracture and right brochiol plexeu injury. The claimant was treated as an inpatient from 19.1.2014 to 28.1.2014 i.e., for a period of nine days. The claimants have not examined any doctor. 7. In view of the aforementioned, the compensation is re- assessed as follows: - 4 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 7.1 The compensation awarded by the Tribunal towards pain and suffering is re-assessed as `40,000/- as against `30,000/-; 7.2 The Tribunal has awarded compensation of `79,902/- towards medical expenses which is as per the actual bills which is just and proper; 7.3 The Tribunal has awarded compensation of `4,000/- towards food, nourishment and attendant charges. Having regard to the nature of injuries sustained and the period of treatment, the same is re-assessed as `15,000/-; 7.4 The Tribunal has taken the laid up period as one month. However, having regard to the nature of injuries sustained and the period of treatment, laid up period is re-assessed as two months and accordingly, a compensation of (`8,500 x 2) `17,000/- is awarded; 7.5 The compensation awarded by the Tribunal towards loss of future amenities of `5,000/- is not interfered with. 8. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. - 5 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 9. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 30,000.00 40,000.00 2 Medical expenses 79,902.00 79,902.00 3 Food, nourishment and attendant charges 4,000.00 15,000.00 4 Loss of income during laid up period 5,000.00 17,000.00 5 Loss of future amenities 5,000.00 5,000.00 Total 1,23,902.00 1,56,902.00 10. Accordingly, the claimant is entitled to enhanced compensation of (`1,56,902/- - `1,23,902/-) `33,000/-. 11. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 20.03.2015 passed in MVC No.84/2014 by the Senior Civil Judge and JMFC., Kollegal is hereby modified to the extent ordered herein. In all other - 6 - HC-KAR NC: 2025:KHC:25974 MFA No. 328 of 2017 respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `33,000/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 33