- 1 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 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.7435 OF 2014 (MV-I) BETWEEN: SRI JINTO MATHEW AGED ABOUT 24 YERS S/O MATHEW BBM ACHARYA INSTITUTION OF GRADUATE STUDIES SOLDEVANAHALLI HESARAGHATTA ROAD BANGALORE – 560090 …APPELLANT (BY SRI THRIMURTHY K P, ADVOCATE) AND: 1. MR K S SANDEEP K M SONNAPPA LAYOUT NEXT TO RAINBOW INTERNATIONAL SCHOOL KARUGUDANAHALLI ABBIGERE MAIN ROAD BNAGALORE – 560090 2. RELIANCE GENERAL INSURANCE ANIL DHIRUBHAI AMBANI GROUP NO.3, 1ST FLOOR, NORTH WING MANANDI PLAZA, ST. MARK’S ROAD BANGALORE - 560 001 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI ASHOK N PATIL, ADVOCATE FOR R2; R1-SERVED) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.08.2014 PASSED IN MVC NO.7569/2011 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BANGALORE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 13.08.2014 passed in MVC No.7569/2011 by the Motor Accident Claims Tribunal, Bengaluru for enhancement the compensation. 2. Heard the arguments of learned counsel appearing for both the sides. 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. It is the case of injury. The injured claimant aged 21 years at the time of accident filed claim petition claiming compensation of Rs.5,00,000/- with interest. The Tribunal - 3 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 considering both oral and documentary evidence placed on record has granted compensation of Rs.98,444/- with interest at the rate of 6% p.a. from the date of the claim petition till its realization. Being aggrieved by the said judgment and award, the present appeal is preferred by the petitioner for enhancement of compensation. 5. The learned counsel appearing for the appellant mainly contend that as per the evidence of PW2, disability of the lower limb is 50% and whole body disability is 17% but the Tribunal considered disability as 6% and calculated the amount. So also the claimant requested for Rs.30,000/- for removal of implants but the Tribunal granted only 10,000/- towards Future Medical Expenses. The Tribunal has granted meager amount of Rs.15,000/- towards Pain and Sufferings. The claimant was treated as inpatient for a period of 5 days and he sustained one fracture so also inconvenience caused to the parents. The amount granted by the Tribunal under the head of inconvenience caused to the parents is also meager amount. Therefore, requested for enhancement of the award amount. - 4 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 6. Perusal of the records, it discloses that the petitioner was aged 21 years at the time of the accident and he was a student and he met with an accident on 26.03.2010 and sustained following injuries: 1. Multiple abrasions present over forehead, right hand. 2. Fracture of shaft of the left femur lower 1/3rd (thigh bone) 7. The first injury is the simple in nature and second injury is grievous in nature. It is clearly reflects in the discharge summary that he was admitted to the hospital on 26.03.2010 and discharged on 30.03.2010, thus, he was inpatient for a period of 5 days. The accident is of the year 2010. As per the guidelines of Karnataka State Legal Services Authority, income is to be taken as Rs.5,500/- per month instead of Rs.15,000/- per annum as taken by the Tribunal. There is no dispute regarding the disability of 6% taken by the Tribunal as per the evidence of PW2. Therefore, this Court finds it reasonable to grant an amount of Rs.71,280/- [5500 x 12 x 18 x 6%] under the head of ‘Loss of Future Income’. The amount of compensation granted under the head of ‘Pain and - 5 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 Sufferings’ is enhanced to Rs.30,000/-. The Tribunal has granted an amount Rs.5,000/- under the head of ‘Inconvenience caused to the parents during laid up period’ but this Court finds it reasonable to enhance the same to Rs.16,500/- (5500 x 3) since the claimant has sustained fracture and he might not have been done any work at least for a period of three months. The amount granted towards ‘Medical bills’ at Rs.42,244/- needs no inference. The amount granted under the head of ‘Loss of amenities, conveyance, food and nourishment, attendant charges’ is enhanced to Rs.30,000/-. The amount of Rs.10,000/- granted under the head of ‘Future medical expenses’ needs no interference. 8. Thus, in all, award of compensation passed by the Tribunal is modified as under: Particulars Compensation awarded by Tribunal Compensatio n enhanced by this Court 1 Pain and sufferings 15,000.00 30,000.00 2 Inconvenience caused to the parents during laid up period 5,000.00 16,500.00 3 Medical bills 42,244.00 42,244.00 4 Loss of future earning 16,200.00 71,280.00 5 Loss of amenities, conveyance, food and nourishment, attendant charges, etc. 10,000.00 30,000.00 6 Future medical expenses 10,000.00 10,000.00 Total 98,444.00 2,00,024.00 - 6 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 9. Hence, the compensation is enhanced from Rs.98,444/- to Rs.2,00,024/- along with interest at 6% per annum from the date of petition till the date of deposit. 10. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award dated 13.08.2014 passed in MVC No.7569/2011 by the Motor Accident Claims Tribunal, Bangalore is modified; iii. The claimant is entitled to a sum of Rs.2,00,024/- along with interest at 6% per annum from the date of petition till the date of realization as against Rs.98,444/-. iv. Respondent No.2-Insurance Company is directed to deposit the said amount within one month from the date of this order. v. Appellant/petitioner is permitted to withdraw the entire amount along with interest accrued on the same. - 7 - HC-KAR NC: 2025:KHC:34538 MFA No. 7435 of 2014 vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vii. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE SN List No.: 1 Sl No.: 20