- 1 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8633/2015 (MV-I) BETWEEN: M K SANDEEPA, S/O KUMARA, AGED ABOUT 24 YEARS, R/AT D.NO.2, F BLOCK, POLICE COLONY, MANDYA CITY-571 401. …APPELLANT (BY SRI. K L SREENIVAS., ADVOCATE) AND: 1. K YOGESH, S/O KALLAIAH, AGE MAJOR, R/AT NO.1087, 3RD CROSS, ARKESHWARA NAGARA, GUTHAL LAYOUT, MANDYA -57 1403. 2. THE UNITED INDIA INSURANCE CO. LTD., NO.1119/BMC ROAD, MANDYA-571 401, R/BY THE BRANCH MANAGER. …RESPONDENTS (BY SRI. NIKHIL RAJ., ADVOCATE FOR SMT GEETHA RAJ, ADVOCATE FOR R2, V/O DTD 08.12.2022 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.11.2014 PASSED IN MVC NO.518/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL` COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.11.2014 passed in MVC No.518/2010 on the file of the Principal Senior Civil Judge, MACT, Mandya, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. Notice to respondent No.1 is dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured/claimant aged 19 years, met with an accident on 10.09.2010 and filed claim application claiming compensation of Rs.10,00,000/- for the injuries sustained by him. The Tribunal considering the evidence on record granted global compensation of Rs.25,000/-. - 3 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 4. Aggrieved by the said order, this appeal is preferred in which it is contended that he sustained grievous injuries, and underwent nasal bone reduction with Rhinoplasty and ORFF with K wire fixation to AC joint, but the tribunal erred in granting global compensation of Rs.25,000/- with interest at the rate of 6% p.a.. He was suffering from breathing problem, cannot lift weight and do work. Further, tribunal had not granted amount under other heads like medical expenses, attendant charges, loss of amenities, conveyance, food, diet etc., thus requested for enhancement of compensation. 5. The petitioner did not examine the doctor. As per the wound certificate at Ex.P6, he sustained two injuries, bilateral nasal bone fracture, Grade 2 joint dislocations and was hospitalized from 10.9.2010 to 16.9.2010 for a period of 7 days. It is stated that the injured is PUC student and was also distributing newspapers and milk and was earning Rs.200/- per day, but it was not believed by the Tribunal. Considering the nature of injuries, which are grievous in nature, this Court finds it reasonable to grant the amount of Rs.30,000/- for - 4 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 injuries, Rs.15,000/- for pain and suffering, Rs.15,000/- for loss of amenities, Rs.5,000/- for medical expenses and Rs.30,000/- for transportation, attendant charges and extra nourishment. 6. Thus in all, components awarded by this court are as below, Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.95,000/- along with interest at the rate of 6% p.a. Particulars Amount in Rs. Towards injuries 30,000 Pain and suffering 15,000 Loss of amenities 15,000 Medical expenses 5,000 Transportation, Attendant charges and Extra nourishment 30,000 Total 95,000 - 5 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 7. In the result, the following order is passed: ORDER i. Appeal is allowed. ii. The judgment and award dated 07.11.2014 passed in MVC No.518/2010 on the file of the Principal Senior Civil Judge, MACT, Mandya, is modified. iii. The claimant is entitled to a sum of Rs.95,000/- (Rupees Ninety Five Thousand only) along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.25,000/- granted by the tribunal. iv. Respondent No.2 is directed to deposit the amount within one month from the date of this order. - 6 - HC-KAR NC: 2025:KHC:35853 MFA No. 8633 of 2015 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 46