- 1 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5553 OF 2024 (MV-I) BETWEEN: ANTHONISWAMY S/O SATHURANI, AGED ABOUT 75 YEARS, R/AT SANDANAPALYAM, NO.238 MARTALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571441. …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. SHANTHI C W/O CHINNARAJU, MAJOR, R/AT OLD NO.96A, NEW NO.76A, KALAIVANAR STREET, AYYAMPALAYAM, KAVINDAPADI, BAVANI TALUK, ERODE DISTRICT-638455. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 2. THE BRANCH MANAGER RELIANCE GEN. INSURANCE CO. LTD., NO.36/D, 1ST FLOOR, MYSURU TRADE CENTRE, OPP. KSRTC BUS STAND, B N ROAD, MYSURU-570001. …RESPONDENTS (BY SRI. N.A. MALLIKARJUN REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DATED 30.08.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2023 PASSED IN MVC NO. 190/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, KOLLEGALA, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 ORAL JUDGMENT At request of both the learned counsel the matter is taken up for final hearing and disposal. 2. Heard Sri.Sreenivasan M.Y., learned counsel for the appellant who appears through video conference. Also heard Sri.Mallikarjun Reddy who represents Sri.B.Pradeep, learned counsel on record for respondent No.2 who appears before this Court physically. 3. The appellant who sustained injuries in a road traffic accident filed a petition claiming compensation of Rs.25,00,000/- in total. The Additional Motor Accident Claims Tribunal, Kollegala which dealt with the matter as MVC No.190/2019 passed an award on 17.11.2023 granting a sum of Rs.8,26,321/- as compensation. Projecting that the said sum is grossly low, the present appeal is filed. 4. Arguing the matter Sri.Sreenivasan M.Y., learned counsel for the appellant submits that the appellant was hale and healthy by the date of accident and was earning substantial sum through agriculture and milk vending business. The appellant sustained four grievous injuries in a road traffic - 4 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 accident and he underwent a surgery also. The appellant took treatment as an inpatient for more than 100 days. However, he is left with permanent physical disability. The Tribunal having considered the entire evidence that is produced by the appellant was pleased to award justifiable sum under the heads medical expenses and loss of future earnings, however, failed to award the entitled amount under other heads and therefore the present appeal is filed. Learned counsel thereby seeks for enhancement of compensation. 5. Sri.Mallikarjun Reddy who represents respondent No.2 on the other hand contends that the Tribunal has awarded justifiable sum under all heads. Learned counsel however also submits that in the light of the submission that is made by the learned counsel for the appellant there may be marginal enhancement. 6. By all the evidence produced, the appellant succeeded in establishing that he sustained a grievous injury to the head, to the nasal bone and to both legs. He also succeeded in establishing that he underwent a surgery and implants were inserted to the fractured leg. As per the evidence - 5 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 of CW1 the appellant is left with permanent physical functional disability of 70%. Considering the totality of evidence produced, the Tribunal rightly took disability in respect of whole body as 23.33%. Also the Tribunal has rightly assessed the notional income of the appellant as Rs.14,000/- per month. The appellant succeeded in establishing before the Tribunal that he took treatment as inpatient at three different intervals for the injuries sustained. The evidence produced strengthens the submission of the learned counsel for the appellant that appellant took treatment as inpatient for more than 100 days. Thus, having considered the nature of injuries sustained, this Court is of the view that, the appellant is entitled to a sum of Rs.1,00,000/- under the head pain and suffering. The Tribunal granted a sum of Rs.50,000/- only under the said head. Thus the enhancement will be Rs.50,000/- (Rs.1,00,000/- minus Rs.50,000/-). 7. As earlier discussed, the appellant took treatment as inpatient for more than 100 days. Therefore, this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head food, extra nourishment, attendant and conveyance charges. The Tribunal awarded a sum of - 6 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 Rs.30,000/- only under the said head. Thus, the enhancement will be Rs.20,000/- (Rs.50,000/- minus Rs.30,000/-). 8. So far as loss of earnings during laid up period is concerned, having considered the fact that the appellant underwent a surgery, left with disability of 23.33% and that he took treatment as inpatient for more than three months, this Court is of the opinion that the appellant would not have attended his normal pursuits atleast for a period of eight months. Thus, the loss of earnings during laid up period comes to Rs.1,12,000/- (Rs.14,000/- x 8). The Tribunal awarded a sum of Rs.42,000/- only under the said head. Thus, the enhancement will be Rs.70,000/- (Rs.1,12,000/- minus Rs.42,000/-). 9. Also this Court is of the view that the appellant is entitled to a sum of Rs.40,000/- under the head loss of amenities in life. The Tribunal has awarded a sum of Rs.15,000/- only. Thus, enhancement will be Rs.25,000/- (Rs.40,000/- minus Rs.15,000/-). 10. Therefore, the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the - 7 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 Tribunal is Rs.1,65,000/- (Rs.50,000/- + Rs.20,000/- + Rs.70,000/- + Rs.25,000/-). 11. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is awarded by the Additional Motor Accident Claims Tribunal, Kollegala, through orders in MVC No.190/2019 dated 17.11.2023 is enhanced by Rs.1,65,000/-. iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. However, the appellant is not entitled for any interest for the period of delay of 185 days as per order in IA No. 1/2024. iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. - 8 - HC-KAR NC: 2025:KHC:33796 MFA No. 5553 of 2024 v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 9 CT:SM