- 1 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2251 OF 2024(MV-I) BETWEEN: SWAMY, S/O. GANGADHARAPPA AGED ABOUT 30 YEARS, R/O NEAR GENERAL HOSPITAL, VEDAVATHI NAGARA, 2ND WARD, HIRIYUR TOWN, NOW R/O IUDP LAYOUT CHITRADURGA TOWN - 577 501. …APPELLANT (BY SMT. DEEPU B.M., ADVOCATE FOR SRI. B PRAMOD, ADVOCATE) AND: 1. MOHAMMED NASIRUDDIN, S/O. T. N. MOHAMMED MOOSA, OWNER OF LORRY BEARING REG. NO KA-05-AG-7569, R/O NO 16, NARASIMHAIAH STREET, 2ND MAIN, UDAYANGARA, BANGALORE - 560 016. 2. BRANCH MANAGER ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 BRANCH OFFICE NO . 30, 3RD FLOOR, JNR CITY CENTRE, RAJARAM MOHANROY ROAD, SAMPANGI RAMANAGARA, BANGALORE - 560 027. …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2; V/O. DATED 23.11.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2023 PASSED IN MVC NO.736/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 ORAL JUDGMENT Heard Ms.Deepu who represents Sri.B.Pramod, learned counsel on record for the appellant as well as Sri.S.Krishna Kishore, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal-V, Chitradurga, in MVC No.736/2020 dated 29.09.2023. 3. The appellant who admittedly sustained a grievous injury in a road traffic accident filed a petition claiming compensation of Rs.25,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.5,31,375/- as compensation. Contending that the sum thus awarded is grossly low, the present appeal is filed. 4. Learned counsel for the appellant submits that the appellant sustained a grievous injury to his right leg and he underwent a surgery also. Though the appellant took extensive treatment, he could not regain normalcy. The Tribunal rightly assessed the notional income of the appellant as Rs.14,500/- - 4 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 per month. However, the Tribunal did not award justifiable sum as compensation under any head and aggrieved by the same the present appeal is filed. Learned counsel thereby seeks for enhancement of compensation. 5. On the other hand, learned counsel for respondent No.2 submits that the Tribunal, taking into consideration all the factual aspects awarded justifiable sum as compensation. However, in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. 6. The Tribunal through the impugned order awarded a sum of Rs.5,31,375/- as compensation divided under following heads: Sl. No Heads of compensation Amount in Rs. 1 Towards pain and sufferings 30,000/- 2 Towards conveyance, attendant charges and nourishing food 10,000/- 3 Towards loss of discomfort and amenities 05,000/- 4 Towards loss of income during laid down period 14,500/- 5 Towards permanent disability 4,43,700/- 6 Towards medical bills 28,175/- Total 5,31,375/- - 5 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 7. The appellant succeeded in establishing that he sustained fracture of right tibia. He also succeeded in establishing that he underwent a surgery and CRIF with LCP plate and screws were inserted. The appellant also succeeded in establishing that he took treatment as inpatient for one month. Having considered the nature of injury sustained and treatment taken, this Court is of the view that, the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering. However, the Tribunal granted a sum of Rs.30,000/- only under the said head. Thus, the enhancement will be Rs.20,000/-. 8. The appellant is entitled to a sum of Rs.20,000/- under the head conveyance, attendant charges and food. However, the Tribunal granted a sum of Rs.10,000/- only under the said head. Thus, the enhancement under the said head will be Rs.10,000/-. 9. 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. Thus, the loss of - 6 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 of 2024 earnings will be Rs.43,500/-. However, the Tribunal awarded a sum of Rs.14,500/- only under the said head. Thus, the enhancement will be Rs.29,000/-. 10. Also the appellant is entitled to a sum of Rs.20,000/- under the head loss of amenities in life. However, the Tribunal granted a sum of Rs.5,000/- only. Therefore, the enhancement will be Rs.15,000/-. 11. Thus, the compensation which the appellant is entitled to in addition to the sum that is granted by the Tribunal is Rs.74,000/- (Rs.20,000 + Rs.10,000 + Rs.29,000 + Rs.15,000). 12. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is awarded by the Additional Motor Accident Claims Tribunal-V, Chitradurga, through orders in MVC No.736/2020 dated 29.09.2023 is enhanced by Rs.74,000/-. - 7 - HC-KAR NC: 2025:KHC:33486 MFA No. 2251 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 copy of this order. v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 92