- 1 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 268 OF 2015 (MV-I) BETWEEN: 1. NAGENDRA P S/O LATE RAJU, AGED ABOUT 38 YEARS, R/AT UDAYAGIRI EXTENSION, NEAR RING ROAD, HASSAN TOWN, PRESENT RESIDENT AND OFFICE OFFICE OF THE CESCOM SUB DIVISION & QUARTERS NEAR NAVODAYA CIRCLE CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201 …APPELLANT (BY SMT. SHALINI C ADVOCATE FOR SRI. NINGARAJA M N., ADVOCATE) AND: 1. PRAKASH B R S/O RAMESH NAYAK, AGED ABOUT 42 YEARS, R/AT BEERAKANAHALLI VILLAGE, VATE HOLE POST, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 201 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 PRESENTLY RESIDING AT C/O VDR COMMUNICATION, OPP. GOVT. SCIENCE COLLEGE, SALAGAME ROAD, HASSAN TOWN-573 201 2. THE MANAGER RAYAL SUNDARAM ALLIANCE INSURANCE CO LTD., NO.133, III FLOOR, SIKA TOWER, RAMVILAS ROAD, MYSORE-570023. …RESPONDENTS (BY SRI. SONU KUMAR, ADVOCATE FRO SRI H.S. LINGARAJ ADVOCATE FOR R2. NOTICE TO R1 IS DISPENSED WITH.) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED30.08.2014 PASSED IN MVC NO.1907/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 ORAL JUDGMENT This appeal under Section 173(1) of the M.V. Act arises from the judgment and award dated 30.08.2014 passed by the Fast Tract Court and Additional M.A.C.T. at Channarayapatna. 2. The appellant/claimant, who sustained injuries in a road traffic accident on 06.09.2012 filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation amount of Rs.26,42,205/-. The Tribunal awarded a total compensation of Rs.2,65,492/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation, the claimant is before this Court. 3. Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the trial Court records. - 4 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 4. It is contended that petitioner sustained grievous injuries and was hospitalized for 25 days and operation was conducted and took prolonged treatment and spent huge amount of Rs.4,62,632/- towards medical expenses. The amount granted under the heads pain and suffering, loss of income during laid up period and other conventional heads are meager and the Tribunal has not awarded any compensation under the heads of loss of amenities, future medical expenses and food and nourishment and conveyance. Further the interest granted is very lower in sides. 5. As per the wound certificate Ex.P.3,the claimant admittedly sustained following injuries: i) Fracture of right Femur ii) Fracture of 5th metacarpal of right hand iii) Head injury with subdural hemorrhage iv) Black eye on right side v) Abrasion over back of hands. The claimant was inpatient for 25 days and also underwent surgery. - 5 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 6. The claimant is an employee at CESCOM working as an Assistant and drawing salary of Rs.22,441/- per month. Due to the accident he has availed leave for 6 months and 23 days. Out of which, 20 days he has received full salary and for 33 days he has availed earned leave and 153 days he has received half salary which includes one month earned leave and 2 1/2 months half pay leave. The Tribunal considering the above aspects granted an amount of Rs.50,492/- towards loss of income during treatment which does not warrant any interference. 7. Given the nature of injuries sustained and duration of treatment undergone, the claimant is entitled for a compensation amount of Rs.25,000/- under the head loss of amenities, Rs.36,000/- towards injuries, Rs.30,000/- towards Conveyance, Attendant charges and extra nourishment. 8. Therefore, the appellant is entitled for the enhanced compensation under the following heads: - 6 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 Pain and Suffering : Rs. 40,000/- Medical Expenses : Rs. 1,50,000/- Loss of Amenities, : Rs. 25,000/- Extra nourishment, conveyance and attendant charges. Rs. 30,000/- Loss of earning due to injuries : Rs. 36,000/- Loss of pay for applying leave : Rs. 50,492/- TOTAL : Rs. 3,31,492/- 9. In all, the appellant/claimant is entitled for the total compensation of Rs.3,31,492/- as opposed to Rs.2,65,492 awarded by the Tribunal. The enhanced compensation is Rs.66,000/-. 10. To this extent, the award passed by the Tribunal stands modified. The enhanced compensation of Rs.66,000/- shall carry interest at the rate of 6% p.a. from the date of petition till the date of actual realization. 11. The enhanced amount to be deposited by the respondent - Insurance Company within a period of one month. - 7 - HC-KAR NC: 2025:KHC:37524 MFA No. 268 of 2015 12. The appellant is permitted to withdraw entire compensation amount along with accrued interest. The appeal is disposed of. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 32