- 1 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2882 OF 2018(MV-I) BETWEEN: SRI. KRISHNASWAMY NAIDU S/O VENKATARAMANAPPA, AGED ABOUT 34 YEARS, R/AT NO.75, SIDDAPURA VILLAGE, 1ST CROSS, RAMAGONDANAHALLI POST, VARTHUR HOBLI, BANGALORE - 560 066 …APPELLANT (BY SRI. SHANKAR M.R., ADVOCATE FOR SRI. ANIL KUMAR M. V., ADVOCATE) AND: 1. SRI. SHANKAR REDDY S/O MUNIREDDY, AGED ABOUT 38 YEARS, R/AT ARASANAHALLI VILLAGE MALUR TALUK, KOLAR DISTRICT - 563 130 2. SRI HEMANTH B. Y. S/O YELLAPPA AGED ABOUT 31 YEARS, R/AT NO.346, BARAGUR VILLAGE, H HOSAKOTE MALUR TALUK KOLAR DISTRICT - 563 130 3. THE BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD., SANKARANAYANA BUILDING, NO.251, M G ROAD BANGALORE - 76 …RESPONDENTS (BY SRI. B. C. THIPPESWAMY, ADVOCATE FOR R1 & R2; SRI. B. C. SEETHARAMA RAO, ADVOCATE FOR R3) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.08.2017 PASSED IN MVC NO.1187/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE M.A.C.T., BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Heard arguments of learned counsel for the parties. 2. This appeal is preferred against the judgment passed in MVC No. 1187/2016 dated 21.08.2017. 3. Injured claimant filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal, considering the entire evidence on record, granted compensation of R.3,29,340/- with interest at the rate of 7.5% from the date of petition till realization. Aggrieved by the said order, this appeal is filed contending that the appellant was earning Rs.40,000/- per month. The Tribunal has not granted future medical expenses though he had produced bill for the said amount. The Tribunal has not granted loss of future medical amenities and expenses and income for the laid up period. Appellant had - 3 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 produced Ex.P.17 – estimate letter for 1,50,000/- for removal of implant. The Tribunal has not considered his future prospects of earning and also has not considered income from real estate business. Therefore, learned counsel for appellant requested for enhancement of compensation. 4. Appellant is working in Globe Ground India Private Limited and earning Rs.24,570/- per month. He is also earning Rs.40,000/- per month by doing real estate business. Appellant filed his salary slip under Ex.P.10, but he has not examined his employer to prove the said document. However, it was not disputed by the learned counsel for respondents. Therefore, the Tribunal has taken the income of the appellant as Rs.24,570/-. Though appellant had contended that he was earning Rs.40,000/- by doing real estate business as no evidence was adduced to prove the said income, the Tribunal has not considered the same. 5. Appellant filed Ex.P.3 – wound certificate, Ex.P.5 – discharge summary and examined the Doctor as P.W.2. As per Ex.P.3 he sustained the following injuries which are grievous in nature: - 4 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 “fracture shaft of right femur with interochanteric fracture and fracture of right tibia and fibula distal 4th” 6. Appellant was admitted in a hospital on 10.10.2015 and was discharged on 15.10.2015 and thus, he was inpatient for 6 days and he underwent nailing for right tibia and right femur, rush pin for right fibula under epidural anesthesia on 11.10.2015. P.W.2 – the Doctor has stated that appellant suffered disability of right lower limb at 56% and that of whole body at 28%. As the appellant is continuing his work even after the accident, no amount was granted under the head `loss of future income’. This Court finds no reason to interfere with the said order. 7. As the appellant has sustained 4 fractures, this Court finds it reasonable to award a sum of Rs.45,000/- towards injuries/fractures. 8. Considering the nature of injuries, period of hospitalization the Tribunal has rightly awarded a sum of Rs.60,000/- towards pain and suffering and this Court finds no reason to interfere with the said finding. - 5 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 9. The compensation awarded by the Tribunal under the head `attendant charges, extra food and conveyance expenses’ is enhanced to Rs.40,000/-. 10. The compensation awarded by the Tribunal under the head `medial expenses’ is confirmed. 11. The Tribunal has awarded compensation under the head `loss of future amenities and happiness’ in a sum of Rs.35,000/-. This Court finds it reasonable to enhance the same to Rs.1,50,000/- basing on Ex.P.17. 12. In view of the above, total compensation comes to : a) Towards injuries - Rs. 45,000.00 b) Towards pain and suffering - Rs. 60,000.00 c) Towards amenities - Rs. 35,000.00 d) Towards attendant charges - Rs. 40,000.00 e) Towards medical expenses - Rs. 1,99,340.00 f) Towards future medical Expenses - Rs. 1,50,000.00 ------------------- TOTAL - Rs. 5,29,340.00 - 6 - HC-KAR NC: 2025:KHC:38498 MFA No. 2882 of 2018 13. In view of the above, this Court finds it reasonable to enhance the compensation from Rs.3,29,340/- to Rs.5,29,340/- with interest at the rate of 7.5% and respondent No. 3 is directed to deposit a sum of Rs.5,29,340/- within 1 month from date of this order and on such deposit, the appellant is permitted the withdraw the entire amount along with the accrued interest. Sd/- (P SREE SUDHA) JUDGE LRS List No.: 1 Sl No.: 56