- 1 - HC-KAR NC: 2025:KHC:34676 MFA No. 4492 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4492/2016 (MV-I) BETWEEN: SRI MUNIRAJU, S/O PAPANNA, AGED ABOUT 23 YEARS, PERMANENT RESIDENT OF CHIKKAKARAPANAHALLI, MAGONDHI POST, BANGARPET TALUK, KOLAR DISTRICT, PRESENTLY RESIDING AT 2ND CROSS, MUNESHWARA NAGAR, KOLAR TOWN-563 101. …APPELLANT (BY SMT. SUSHMITHA .G, ADVOCATE FOR SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI P.M MITHU, S/O C.M. MUNIYAPPA, MAJOR IN AGE, RESIDING AT NO.105, NEAR ANJANEYASWAMY TEMPLE, T.B TANK ROAD, CHIKKABALLAPURA TOWN-562 101. 2. THE ROYAL SUNDARAM, ALLIANCE INSURANCE CO.LTD., 1ST FLOOR, MANGALA PUNRBHAVA, NEXT TO BRIGADE TOWERS, BRIGADE ROAD, BANGALORE-560 025, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34676 MFA No. 4492 of 2016 REP: BY ITS MANAGER, …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2, V/O DTD:15.06.2022, NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.10.2015 PASSED IN MVC NO.140/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVL JUDGE, & CJM, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 06.10.2015 passed by the Principal Senior Civil Judge and CJM, MACT, Kolar in MVC No.140 of 2013. 3. Injured claimant, aged 21 years, met with an accident on 06.12.2012 and sustained the following injuries : “he has suffered closed comminuted BB distal 1/3rd left leg with closed transverse D/3 left femur. Closed comminuted spiral PROX 1/3rd left humerus without NVD with mandibular fracture.” - 3 - HC-KAR NC: 2025:KHC:34676 MFA No. 4492 of 2016 4. As per the evidence of P.W.2-Doctor, the claimant had sustained three fractures, which are grievous in nature. P.W.2 assessed the lower limb disability as 41% and whole body disability as 14% and overall disability to the whole body at 25%. The Tribunal, considering the age of the claimant, injuries and profession, has taken the disability as 20% and it needs no interference. As the claimant was aged 21 years at the time of accident, the multiplier was also rightly taken as 18. However, it was stated that the claimant was working as a painter and earning Rs.12,000/- per month, but he has not adduced any evidence to prove his income. Therefore, as per the guidance of Karnataka State Legal Services Authority, as he met with the accident on 06.12.2012, his income can be taken as Rs.7,000/- per month. Therefore, the loss of income comes to Rs.3,02,400/- (7,000x12x18x20%). 5. The amount granted by the Tribunal towards treatment and medical expenses, pain and suffering, loss of amenities and future medical expenses, holds good and needs no interference. However, the amount granted for food, - 4 - HC-KAR NC: 2025:KHC:34676 MFA No. 4492 of 2016 nourishment, conveyance and attendant charges is enhanced to Rs.30,000/-. 6. Thus, in all, the claimant is entitled for the compensation of Rs.5,28,584/- with interest at 6% per annum as against Rs.4,22.184/- awarded by the Tribunal. 7. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Pain and Suffering 30,000/- 2. Loss of income 3,02,400/- 3. Treatment and medical expenses 1,16,184/- 4. Food, nourishment, conveyance and attendant charges 30,000/- 5. Loss of amenities and future medical expenses 50,000/- Total 5,28,584/- 8. In the result, the following order is passed: (i) Appeal is allowed in part. - 5 - HC-KAR NC: 2025:KHC:34676 MFA No. 4492 of 2016 (ii) The claimant is entitled for the total compensation of Rs.5,28,584/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Further, the claimant is not entitled for the interest for the period of delay in filing the appeal. (iii) Respondent No.2-Insurance company is directed to deposit the aforesaid compensation within one month from the date of receipt of copy of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 67