- 1 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7705 OF 2014 (MV-I) BETWEEN: K.V. KANNA S/O. K.A. VENKATACHALAPATHI AGED ABOUT 56 YEARS R/OF NO.13, "SRI RAMA NIVAS" SAPTHAGIRI LAYOUT NAGA SHETTY HALLI BANGALORE - 560 094 …APPELLANT (BY SRI. N.S. BHAT, ADVOCATE) AND: 1. PRAVEEN MATHEW S/O M D MATHAIAH MAJOR R/A NO.515 (126) 208, S.F.S., 4TH PHASE YELAHANKA NEW TOWN BANGALORE - 560 064 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. INTERFACE BUILDING NO.11, 401/402 4TH FLOOR, NEW LINK ROAD MALAD (W) MUMBAI MAHARASTRA STATE …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2014 PASSED IN MVC NO.2966/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN A-S UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. This appeal is preferred against the award of the Tribunal dated 27.08.2014 passed in MVC No.2966/2012 by the MACT, the Court of Small Causes, Bangalore (for short ‘Tribunal’). 3. The brief facts as projected by the petitioner is as here under: That on 26.01.2012 at about 12.50 in the afternoon the petitioner was proceeding in a Scooter bearing Reg. No.KA-03-X-8576 as a pillion rider and the said scooter was ridden by his brother one K.V. Ramakumar on N.H.7 - 3 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 from Hebbal to go to Makhari Circle slowly, cautiously on the correct side of the road by following the traffic norms, when the said Scooter reached near Sanjayanagar "U" turn at that time one Car bearing Reg.No.KA-50-N-247 driven by its driver came in a rash and negligent manner, endangering to human life with high speed, the driver lost control and as a result he went and dashed against the scooter from behind. Due to the impact, the petitioner and the rider of the Scooter fell down and sustained grievous injuries. 4. The petitioner-injured claimant claiming compensation of Rs.5,00,000/- with interest. The Tribunal, considering the oral and documentary evidence on record, granted compensation of Rs.22,000/- with interest at the rate of 6% p.a., from the date of the petition, till deposit. 5. Aggrieved by the said order, the appellant has preferred this appeal contending that he sustained fracture of both bones 1/3rd right leg, which is grievous in nature. - 4 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 He was examined by the Doctor, who assessed the whole body disability at 12.5%. He has spent huge amount towards medical treatment. The amount awarded under the head of pain and suffering, loss of amenities of life, conveyance charges, attendant charges, food and nourishment expenses is meager. 6. The petitioner was working as a Clerk in ING Vysya Bank and drawing a monthly salary of Rs.40,497/- p.m. As per P.W.1, immediately after the accident, he was shifted to Baptist Hospital at Bangalore and he was discharged on 21.09.2012 with an advise to take follow-up treatment and complete bed rest for a period of six weeks. Accordingly, he continued his follow-up treatment at Baptist Hospital. However, no compensation has been awarded under the head of loss of income during laid-up period. As per the evidence of P.W.2, the petitioner requires one more surgery for removal of implants at an estimated cost of Rs.25,000/-. Therefore, he seeks for enhancement of compensation. - 5 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 7. As per the evidence of PW2 and also EX.P6 - wound certificate, it is revealed that the petitioner sustained fracture of both bones 1/3rd right leg, which is grievous in nature. Ex.P10 - discharge summary issued by the hospital, discloses that, he was treated as an inpatient for a period of 4 days. On account of the said grievous injuries, he was advised complete rest and remained on leave for a period of six weeks from the date of the accident, thereby resulting in loss of leave. Ex.P8 - leave details issued by the ING Vysya Bank, reveals that the petitioner was on sick leave for the period of 50 days on full pay. Considering the same, no amount was awarded under the head of loss of income during the period of treatment. Admittedly, the petitioner was employed and had availed sick leave on full pay as such, he is not entitled for any compensation under the head of loss of income. Therefore, this Court finds no reason to grant any amount towards loss of income. - 6 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 8. Considering the nature of the injury sustained by the petitioner, this Court finds it just and reasonable to award a sum of Rs.15,000/- towards injuries, Rs.30,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.40,000/- towards food and nourishment, conveyance and attendant charges. Accordingly, the compensation awarded by the Tribunal is re-assessed as follows; Injuries : Rs. 15,000/- Pain and Suffering : Rs. 30,000/- Loss of Amenities : Rs. 30,000/- Food and nourishment, conveyance and attendant charges : Rs. 40,000/- TOTAL : Rs. 1,15,000/ - 9. Therefore, the appellant is awarded a total compensation of Rs.1,15,000/- as against to the compensation awarded by the Tribunal at Rs.22,000/-. The appellant is entitled for an enhanced compensation of - 7 - HC-KAR NC: 2025:KHC:35361 MFA No. 7705 of 2014 Rs.93,000/- along with interest at 6% p.a., from the date of filing of the petition, till its actual realization. Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The respondent No.2 is directed to deposit the said amount with interest at the rate of 6 % p.a., within a period of one month from the date of this order. 4. On such deposit, the petitioner is permitted to withdraw the compensation amount along with the accrued interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 43 CT-SG