- 1 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4783 OF 2024 (MV) BETWEEN: G.R. HARI BABU S/O G. RAGHUPATHI AGED ABOUT 27 YEARS, RESIDING AT 20TH MAIN ROAD, KARTHIKEYA BEEDI, 1ST FLOOR, MADIVALA BTM LAYOUT, 1ST STAGE, MARUTINAGAR, BANGALORE. NATIVE ADDRESS 6-59/2, RAMAPURAM NEMIPALLE CHITTOOR ANDHRA PRADESH. …APPELLANT (BY SRI. SREENIVASAIAH A, ADVOCATE) AND: 1. MURUGAN S S/O CHAKRAVARTHI NO.90/78C, KARUVANOOR VILLAGE, KALLAVI POST, UTHANGARAI TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635 301. 2. THE MANAGER, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 IFFCO TOKIO GENERAL INSURANCE CO. LTD., CSC-141, SRI SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, 141, EAST OF NGEF LAYOUT, KASTURI NAGAR BENGALURU - 560 048. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 15.11.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.04.2024 PASSED IN MVC NO.6077/2022 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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. Sreenivasaiah.A learned counsel for the appellant as well as Sri. H.S.Lingaraju learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 2. Projecting that the sum that is granted as compensation by the Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C. No.6077/2022 dated 23.04.2024 is on lower side, the claimant therein is in appeal. 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained grievous injury in a road traffic accident. PW-2 stated that the disability in respect of lower limb is 37% and in respect of whole body is 18%. But the tribunal took the disability in respect of whole body as 12% unjustifiably. Learned counsel also states that the tribunal failed to award any amount under the head loss of income during laid up period. Learned counsel thereby seeks for enhancement of compensation. 4. Vehemently opposing the submission thus made, learned counsel for respondent No.2 submits that the tribunal granted exorbitant sum as compensation and - 4 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 indeed respondent No.2 should have filed an appeal. Learned counsel thereby seeks for dismissal of the appeal. 5. The appellant succeeded in establishing that he sustained Communited and displaced fracture of both bones of distal third left leg. Having considered the nature of injuries sustained and subjecting the evidence of PW-2 to scrutiny, the tribunal has rightly took the disability in respect of whole body as 12%. Also perusing the fact that the appellant failed to produce any proof in respect of his income, the tribunal rightly took the notional income as Rs.15,500/- per month. The tribunal awarded a sum of Rs.4,01,760/- towards loss of future earnings, Rs.30,960/- towards loss of income during laid up period and attendant charges, Rs.20,000/- towards conveyance charges, Rs.1,20,000/- towards pain, suffering and loss of amenities, Rs.60,000/- towards food and nourishment and Rs.29,107/- towards medical expenses. The tribunal awarded a sum of Rs.6,61,827/- in total. - 5 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 6. Having considered the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. Therefore, the amount awarded as compensation towards loss of income during laid up period is on lower side. Also the tribunal did not award any compensation for the expenses which the appellant would incur for removal of implant. Therefore, this Court is of the view that the appellant, globally is entitled to an additional sum of Rs.40,000/-. Thus, 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, Bengaluru through orders in M.V.C. No.6077/2022 dated 23.04.2024 is enhanced by Rs.40,000/-. - 6 - HC-KAR NC: 2025:KHC:29384 MFA No. 4783 of 2024 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. v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 89 CT: BHK