- 1 - HC-KAR NC: 2025:KHC:28525 MFA No. 7291 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 7291 OF 2023 (MV-I) BETWEEN: SRI. GOERGE K.P S/O K.G. PHILIP AGED ABOUT 36 YEARS R/ POSOLIKE HOUSE DHARMASTHALA VILLAGE BELTHANGADY TALUK D.K - 574 217. …APPELLANT (BY SRI. SOMESH, ADVOCATE FOR SRI. RAJARAMA S, ADVOCATE) AND: 1. SHREENATH JOSHI S/O PRADYUMNA JOSHI AGED ABOUT 37 YEARS R/A JOSHI HOUSE, SULABETTU NALKURU VILLAGE BELTHANGADY TALUK D.K. DISTRICT - 574 217. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., MAXIMUS COMMERCIAL COMPLEX 4TH FLOOR, LIGHT HOUSE HILL ROAD, OPP KMC COLLEGE MANGALORE MANGALORE, D.K - 574 217. …RESPONDENTS (BY SRI. N.A. MALLIKARJUNA REDDY, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 10.03.2025, NOTICE TO R1 IS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28525 MFA No. 7291 of 2023 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.06.2023 PASSED IN MVC NO.309/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MACT-XV, BELTHANGADY, D.K, 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Somesh who represents Sri. Rajarama.S learned counsel on record for the appellant and Sri. N.A. Mallikarjuna Reddy who represents Sri. B.Pradeep learned counsel on record for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal-XV, Belthangady, Dakshina Kannada in M.V.C. No.309/2021 dated 17.06.2023. This is a claimant's appeal. 3. Learned counsel for the petitioner/appellant submits that the appellant sustained grievous injures in a road traffic accident, underwent surgery and took extensive treatment. The tribunal awarded justifiable sum as compensation under all - 3 - HC-KAR NC: 2025:KHC:28525 MFA No. 7291 of 2023 heads except under the head pain and suffering and loss of amenities in life. Learned counsel thereby seeks for enhancement of compensation. 4. Learned counsel who is representing respondent No.2 contends that more than Rs.6,00,000/- is awarded in total as compensation, however there may be marginal enhancement in the light of the submission that is made by learned counsel for the appellant. 5. The appellant succeeded in establishing that he sustained fracture of right femur mid shaft, right tibia shaft communited fracture, left tibia shaft segmental fracture and Wound over the medial aspect of the right foot. He also established that he took treatment as inpatient for a period of 18 days. 6. The tribunal through the impugned order awarded a sum of Rs.20,000/- under the head pain and suffering and Rs.20,000/- under the head loss of amenities. As rightly projected by learned counsel for the appellant, the said sum is grossly low. Having considered the nature of injuries sustained, this Court is of the view that the appellant is entitled to a sum - 4 - HC-KAR NC: 2025:KHC:28525 MFA No. 7291 of 2023 of Rs.80,000/- in total under the head pain and suffering and Rs.40,000/- under the head loss of amenities. Thus, there is every requirement to grant additional sum of Rs.60,000/- under the head pain and suffering and Rs.20,000/- under the head loss of amenities. Thus, the appellant is entitled to an additional sum of Rs.80,000/-. Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal-XV, Belthangady, Dakshina Kannada through orders in M.V.C. No.309/2021 dated 17.06.2023 is enhanced by Rs.80,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. 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. - 5 - HC-KAR NC: 2025:KHC:28525 MFA No. 7291 of 2023 v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 31 CT: BHK