- 1 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8936 OF 2017 (MV-I) BETWEEN: NATARAJ H A S/O APPAJIGOWDA, AGED ABOUT 33 YEARS R/AT HONNASHETTIHALLI VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 201. …APPELLANT (BY SRI. KUMAR H.N, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INS. CO. LTD., 6TH FLOOR, KRISHNA BAVANA, HUDSON CIRCLE, BENGALURU - 560 001. 2. H.A. NAGENDRA S/O APPAJI GOWDA, R/O NO.35, KISHOR KUMAR BUILDING, HANUMAREDDY LAYOUT, DEVARACHIKKANAHALLY, NEAR SHOBA PROVISION STORE, BENGALURU - 573 201 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R1; VIDE ORDER DATED 16.08.022, NOTICE TO R2 DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED27.11.2015 PASSED IN MVC NO.2572/2014 ON THE FILE OF THE 1ST ADDITIONAL SMALL CAUSES JUDGE & 27TH ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. The appeal is preferred by the injured claimant against the judgment and award of the Tribunal dated 27.11.2015 passed in MVC No.2572/2014 by the Motor Accident Claims Tribunal, Bangalore (for short 'Tribunal'). 3. Brief facts of the case is that, on 09.02.2013 at bout 9:15 p.m., petitioiner was going to his village along with one Sri.Kemparaju on the Bajaj Discover motor cycle bearing No.KA-51-ED-2365 as pillion rider. The rider of said vehicle has ridden the same in rash and negligent manner endangering human life with high speed and dashed to road divider of the road near Honnashettihalli Gate, Channarayanapatna - Holenarisipura Road. Due to said impact, petitioner fell down - 3 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 and sustained bleeding injuries to left leg, left hand and all over the body. 4. Injured claimant filed the claim petition claiming compensation of Rs.10,00,000/- along with interest. The Tribunal considering the oral and documentary evidence on record, granted compensation of Rs.22,000/- with interest at the rate of 6% p.a. from the date of petition till the complete realisation from respondent No.2. 5. The appellant did not examine the doctor, but he produced documentary evidence, i.e., Exhibit P7-wound certificate, Exs.P8 and P9 - discharge summaries, Exs.P10 - 16 medical bills, Ex.P11 - 10 medical prescriptions and Ex.P15- 18 - 4 X-rays reports. 6. The Trial Court observed that, the appellant undergone a major operation for fracture of left leg both bones at SSM Hospital. Thereafter, he was shifted to Nagesh hospital, where he was treated as inpatient of four days and subsequently, he was shifted to the S.C. hospital, Hassan. At S.C. hospital, the doctors conducted an X-ray examination and advised immediate major operation for the fracture of left leg. He was shifted to the ICU and underwent multiple operations, - 4 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 during which rods, nails and screws were implanted. The appellant was admitted as an inpatient in the said hospital from 15.02.2013 to 22.02.2013. After discharge, he was advised to take periodical and regular checkups once in a week and to take complete bed rest for almost one year. 7. The appellant contended that he had spent Rs.70,000/- towards medical treatment, Rs.20,000/- towards travelling expenses and Rs.10,000/- towards attendant charges and that he would require Rs.50,000/- towards future medical expenses. It is stated that, the Appellant was 30 years old, engaged in agricultural work and earning Rs.15,000/- p.m., and that due to accidental injuries, he lost his income but no evidence has been filed to substantiate the same. The appellant has produced 16 medical bills amounting to Rs.7,268/- towards medical expenses, along with 10 medical prescriptions to substantiate the said bills. 8. Considering the nature of injuries and the period of hospitalisation, this court finds that it just and reasonable to grant Rs.15,000/- towards injuries, Rs.10,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities, Rs.15,000/- towards transportation, extra nourishment and attending charges, which in all comes to Rs.50,000/-. - 5 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 9. It is further observed that the appellant might not have attended to his agricultural work for a period of at least three months. Considering the fact that, the accident occurred in the year 2012, this court finds it just and reasonable to assess his income Rs.8000/- p.m, as per the guidelines of the Karnataka State Legal Services Authority. The appellant is entitled to compensation towards loss of income during the laid-up period at Rs.8,000 x 3 months = Rs.24,000/-. 10. The appellant has stated that rods, nails and screws were inserted during the course of treatment. Therefore, this court finds it just and reasonable to grant a sum of Rs.15,000/- towards future medical expenses for removal of the implants. 11. The total compensation thus comes to Rs.89,000/. By adding the medical expenses of Rs.7,268/-, the overall compensation comes to Rs.96,268/-. 12. Therefore, the appellant is awarded a total compensation of Rs.96,268/- as against the compensation awarded by the Tribunal at Rs.20,000/-. 13. The appellant is entitled for an enhanced compensation of to Rs.96,268/- with interest at the rate of - 6 - HC-KAR NC: 2025:KHC:36878 MFA No. 8936 of 2017 6% p.a., within a period of one month from the date of this order. Accordingly, I pass the following: ORDER 1. The appeal is allowed-in-part. 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The respondent No.1 herein is directed to deposit a sum of Rs.96,268/- with interest at the rate of 6% p.a., within a period of one month from the date of this order. 4. On such deposit, the appellant is permitted to withdraw the entire amount along with the interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 8