- 1 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1444 OF 2024(MV-I) BETWEEN: SRI. GAFAR SAB, S/O. LATE AZEEZ SAB, AGED ABOUT 54 YEARS, MAHABOOB NAGAR, SIRA TOWN, SIRA TALUK, TUMKUR DISTRICT - 572 137. …APPELLANT (BY SRI. NAGARAJA M., ADVOCATE) AND: 1. THE UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, MOTOR THIRD PARTY CLAIMES HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU - 560 002. IT IS REPRESENTED BY ITS MANAGER. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 2. SRI. AFTAB AHMED, S/O SHAFI AHMED, VICE CHAIRMAN, HMS EDUCATION SOCIETY, SHETTIHALLI ROAD, TUMKUR - 572 103, PHONE NO. 9844078575. …RESPONDENTS (BY SRI. MOHAN KUMAR T., ADVOCATE FOR R1; R-2 IS SERVED AND UNREPRESENTED) THIS MFA FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2024 PASSED IN MVC NO. 3873/2022 ON THE FILE OF THE JUDGE, SMALL CAUSES JUDGE, ACMM AND MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 ORAL JUDGMENT Heard Sri.Nagaraja.M learned counsel for the appellant as well as Sri.Mohan Kumar.T learned counsel for respondent No.1. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.3873/2022 dated 03.01.2024. This is a claimant's appeal. 2. On the ground that he sustained grievous injury in a road traffic accident, the appellant filed a petition claiming compensation of Rs.10,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.3,27,463/- as compensation. The version of the appellant is that he is entitled for a higher sum. 3. Sri.Nagaraja.M learned counsel for the appellant submits that the appellant sustained an injury to the right leg which is grievous in nature. The appellant took treatment as inpatient for a considerable period. As the fish vendor, the appellant was earning Rs.20,000/- per - 4 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 month. But due to the injury sustained, he is unable to attend his normal pursuits. However, the Tribunal awarded meager sum as compensation and aggrieved by the same, the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, Sri.Mohan Kumar.T learned counsel for respondent No.1 submits that the Tribunal having taken the disability in respect of whole body as 10% awarded more than Rs.2,00,000/- as compensation towards loss of future earnings. Learned counsel states that the total compensation awarded is Rs.3,27,463/- and the same is highly justifiable. 5. It is not in dispute that the appellant sustained fracture of both bones of right leg which is evident by the contents of Ex.P6 wound certificate. The appellant was eking out his livelihood by selling fish as per his version. Having considered nature of injury sustained, this court is of the view that the appellant would not have attended his - 5 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 normal pursuits atleast for a period of four months. However, the Tribunal awarded a sum of Rs.31,000/- only towards loss of income during laid up period. Also this Court is of the view that the compensation granted towards food, extra nourishment and attendant charges i.e., Rs.8,000/- and compensation granted towards deprivation of future amenities i.e., Rs.8,000/- is on lower side. Therefore, this Court is of the view that in case the compensation granted by the Tribunal is enhanced by Rs.50,000/-, the total sum which the appellant would receive will be justifiable. Therefore, this Court considers desirable to dispose of the appeal accordingly. Thus, the following: ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.3873/2022 dated 03.01.2024 is enhanced by Rs.50,000/-. - 6 - HC-KAR NC: 2025:KHC:38089 MFA No. 1444 of 2024 iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (V) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 95