- 1 - HC-KAR NC: 2025:KHC:26183 MFA No. 7723 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7723 OF 2017 (MV-I) BETWEEN: DAYANANDA. M S/O. LATE MALLAIAH, AGED ABOUT 59 YEARS, R/O. MEGHANA NILAYA, JAYALAKSHMI LAYOUT, 1ST CROSS, GAREHATTI, CHITRADURGA TOWN-577 501. …APPELLANT (BY SRI. SHASHIDHARA R, ADVOCATE) AND: 1. SRI. NAGARAJA GLASS AND PLYWOOD OWNER OF LORRY BEARING NO. KA.16/B-7780, HEAD POST OFFICE, CHITRADURGA-577 501. 2. THE MANAGER ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE CO. LTD., SUNDARAM TOWERS, 46 WHITES ROAD, ROYAPETTAH, CHENNAI-600 014. …RESPONDENTS (BY SRI. C R RAVISHANKAR, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD 26.3.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2016 PASSED IN MVC NO.589/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & CJM, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26183 MFA No. 7723 of 2017 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. 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 under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 11.11.2016 passed in MVC No.589/2014 by the Principal Senior Civil Judge and CJM, Chitradurga2, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `10,47,400/- together with interest at 9% pa. Being aggrieved, the present appeal is filed by the claimant seeking for enhancement of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 1 Hereinafter referred to as ‘Act of 1988’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:26183 MFA No. 7723 of 2017 3. Heard the submissions of learned counsel Sri Shashidhara R, for the appellant/claimant and learned counsel Sri C.R.Ravishankar appearing on behalf of learned counsel Sri K.Suryanarayana Rao, for respondent No.2-insurer. 4. It is forthcoming that the claimant was aged 56 years at the time of the accident. He was stated to be working as a Senior Assistant Director of Fisheries and earning a monthly salary of `61,546/-. 5. It is evident from the wound certificate (Ex.P7) and the discharge summary (Ex.P10) that the claimant sustained injury to the head as well as blunt injury to the abdomen region causing abdominal trauma with mid bowel perforation and grade-III liver injury. The claimant was treated as an inpatient from 2.1.2014 to 15.1.2014 and once again on 9.3.2014 to 15.3.2014 for a total period of about 21 days. The doctor has been examined as PW.2 who has deposed regarding the disability of the claimant. However, it is noticed that the claimant has continued in his employment. The Tribunal, upon appreciation of the material on record has assessed compensation as follows: - 4 - HC-KAR NC: 2025:KHC:26183 MFA No. 7723 of 2017 Sl. No Heads Amount awarded by the Tribunal (Rs.) 1. Towards pain and sufferings 40000.00 2. Towards medical expenses 724400.00 3. Towards conveyance, food, nourishment, attendant charges, etc., 8000.00 4. Towards disability 100000.00 5 Loss of amenities, discomfort and unhappiness 75000.00 6 Towards future medical expenses 100000.00 Total 1047400.00 6. It is clear and forthcoming from the aforementioned that the Tribunal has awarded sufficient compensation on various heads as noticed above. However, having regard to the nature of injuries sustained, it is just and proper that the above appeal be partly allowed by enhancing the compensation by a further sum of `10,000/- inclusive of interest. 7. Hence, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 11.11.2016 passed in MVC No.589/2014 by the Principal Senior Civil Judge and CJM, Chitradurga, is modified holding - 5 - HC-KAR NC: 2025:KHC:26183 MFA No. 7723 of 2017 that the claimant shall be entitled to a further compensation of `10,000/- in addition to the compensation awarded by the Tribunal. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) Respondent No.2 – insurer shall deposit the said sum of `10,000/- within four weeks from today. In the event, the insurer fails to deposit the said compensation within the said period, the said compensation shall be payable together with interest at 7% p.a., from this day till date of payment; iv) Upon such deposit, the compensation shall be disbursed digitally to the claimant; v) The Registry to draw the modified award accordingly; vi) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 43