- 1 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 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. 6959 OF 2024 (MV-I) BETWEEN: SRI SURESH ACHAR S/O CHANDRAYYA ACHAR AGED ABOUT 47 YEARS R/AT KAMADI ROAD KOTATHATTU VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576 213. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI SURENDRA ACHAR S/O CHANDRAYYA ACHAR K AGED ABOUT 44 YEARS R/AT GURUDEEP NILAYA BRAHMAVARA TALUK UDUPI DISTRICT-576 213. 2. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD., BRANCH OFFICE AIROLI OFFICE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 of 2024 UNIT NO.601 AND 602 CLOUD CITY CAMPUS GATE NO.31 MOUJE EITHAM THANE-BELAPUR ROAD AIRODI, NEW MUMBAI-400 708 REP. BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; V/O DATED 05.02.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2023 PASSED IN MVC NO. 44/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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:33798 MFA No. 6959 of 2024 ORAL JUDGMENT Heard Sri.Nagaraja Hegde, learned counsel for the appellant who appears before this Court physically as well as Sri.S.V.Hegde Mulkhand, learned counsel for respondent No.2 who appears through video conference. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal, Udupi in MVC No.44/2023 dated 29.12.2023. This is a claimant's appeal. 3. Sri.Nagaraja Hegde, learned counsel for the appellant, arguing the matter, contends that the appellant sustained a grievous injury to one of his lower limbs in the road traffic accident. The appellant was attending centering work and carpentry by the date of accident and was earning substantial sum. Due to the injury sustained to his left lower limb he is unable to do any work. But the Tribunal awarded very meager sum as compensation under all heads and therefore, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 of 2024 Learned counsel also states that the Tribunal failed to award any amount as compensation towards loss of amenities in life. Learned counsel thereby seeks for enhancement of compensation. 4. Sri.S.V.Hegde Mulkhand on the other hand submits that the Tribunal basing on the evidence produced awarded justifiable sum as compensation under each head. However, in the light of the submission that is made by the learned counsel for the appellant there may be marginal enhancement. 5. The Tribunal through the impugned order awarded a sum of Rs.5,20,305/- as compensation divided under following heads: Sl. No Heads Calculation 1 Medical expenses relating to treatment and hospitalization and medicines Rs.88,183 2 Special diet and nourishment Rs.5,000 - 5 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 of 2024 3 Loss of income during the laid up period Rs.18,602 4 Future loss of income Rs.3,38,520 5 Pain and suffering Rs.25,000 6 Attendant charges Rs.5,000 7 Conveyance charge Rs.5,000 8 Future medical expenses Rs.35,000 Total compensation awarded Rs.5,20,305 6. Appellant by all the evidence produced succeeded in establishing that he sustained a grievous injury to his left lower limb. The Tribunal has rightly assessed the disability in respect of whole body as 14% which needs no interference. However, having considered the nature of injury sustained and the occupation of the appellant, this Court is of the view that the appellant would not have attended his normal pursuits atleast for a period of three months. The Tribunal though took the notional income of the appellant as Rs.15,500/- p.m., awarded a sum of Rs.18,602/- only under the head loss of income during laid up period. The Tribunal awarded a sum - 6 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 of 2024 of Rs.25,000/- only under the head pain and suffering. This Court is of the view that the appellant is entitled to a sum of Rs.35,000/- under the said head. Also the Tribunal failed to award any sum as compensation under the head loss of amenities in life. Having considered all these aspects, this Court is of the view that the appellant is globally entitled to an additional sum of Rs.65,000/-. 7. 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 Additional Motor Accident Claims Tribunal, Udupi through orders in MVC No.44/2023 dated 29.12.2023 is enhanced by Rs.65,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2025:KHC:33798 MFA No. 6959 of 2024 (iv) The appellant is not entitled for any interest for the period of delay of 176 days on the enhanced sum as per orders in I.A.No.1/2024 dated 30.08.2025. (v) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. (vi) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:SM List No.: 1 Sl No.: 31