- 1 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8488 OF 2018 (MV-I) BETWEEN: SHRI GURUSWAMY S/O MADAPPA ALIAS RUDRAPPA, AGED ABOUT 36 YEARS, R/A. BOGAIAHNA HUNDI VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT. …APPELLANT (BY SRI. SANATH KUMARA K M.,ADVOCATE) AND: 1. SUNDARAJAN S/O.VOLAYUDHAN, AGE:MAJOR, DR.NO.5/44D, KARUPPU SWAMY, MUTHALIAR STREET, VADAVALLI, COIMBATORE, TAMIL NADU 2. THE DIVISIONAL MANGER RELIANCE GENERAL INSURANCE COMPANY LIMTED, NO.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 M.G.ROAD, BANGALORE-560 002. …RESPONDENTS (BY SRI. D.V.JAYAKUMAR., ADVOCATE FOR R2; R1- NOTICE DISPENSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2016 PASSED IN MVC NO.197/2010 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER OF MACT, CHAMARAJANAGARA, SITTING AT KOLLEGALA, AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dated 04.03.2016 in MVC No.197/2010 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short). 2. The injured claimant filed the claim petition claiming compensation of Rs.8,15,000/-. The Tribunal - 3 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 considering the evidence on record awarded total compensation of Rs.2,48,880/- with interest at 6% per annum from the date of petition till realization. Being aggrieved by the said judgment, the claimant preferred this appeal. 3. It is contended that the compensation awarded under the heads pain and suffering, loss of amenities, loss of earning during laid up period are lower on side, and further the tribunal has erred in assessing the income of the claimant. The claimant had sustained injures and suffering from disability to his right lower limb to an extent of 35%. 4. Heard the learned counsel for the parties and perused the trial court records. 5. Injured is aged about 28 years and is an agriculturist and a mason and earning Rs.6,000/- per month. The Tribunal has rightly assessed the income at Rs.6,000/- per month and it needs no interference. As per Ex.P.4 wound certificate, the injured has sustained fracture of right tibia bone and doctor, who is examined as CW-1 assessed the disability as 35% to right lower limb. - 4 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 He was hospitalized for a period of 34 days for more than one month. Therefore, this Court finds it just and reasonable to enhance the compensation from Rs.20,000/- to 40,000/- under the head pain and suffering. The appellant counsel submits that the Tribunal has not awarded any amount under the head attendant charges, and the same is awarded Rs.15,000/- towards attendant charges. 6. It is contended that claimant underwent two surgeries and even after he discharged from the hospital, he took treatment and requested for loss of earning during laid up period for 5 months. Considering the period of hospitalization, the Tribunal has rightly awarded compensation under the head loss of income during laid- up period of three months and it needs no interference. 7. Therefore, the appellant is entitled to enhanced compensation under the following heads: - 5 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 Awarded by MACT Rs. Awarded by this High Court Rs. Medical Expenses 36,000/- 36,000/- Loss of income during laid up period 18,000/- 18,000/- Pain and suffering 20,000/- 40,000/- Loss of future earning capacity 1,46,880/- 1,46,880/- Nourishment, & and diet 10,000/- 10,000/- Conveyance 8,000/- 8,000/- Attendant charges NIL 15,000/- Loss of amenities 10,000/- 10,000/- Total 2,48,880/- 2,83,880/- 8. In summary, the appellant/claimant is entitled to a total compensation of Rs.2,83,880/- as opposed to Rs.2,48,880/- awarded by the Tribunal. The enhanced compensation amounts to Rs.35,000/-. To this extent, the award passed by the Tribunal is modified. 9. The respondent, the Insurance Company, is directed to deposit the enhanced amount within a period of one month from the date of receipt of the certified copy - 6 - HC-KAR NC: 2025:KHC:30844 MFA No. 8488 of 2018 of this order. The entire enhanced compensation amount is to be released in favor of the appellant/claimant. 10. As per order dated 03.03.2025, the appellant is not entitled for interest for the delayed period of 862 days in filing the appeal. 11. The appeal is allowed in part. SD/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 48