- 1 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 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. 4575 OF 2015 (MV-I) BETWEEN: MR. NAZEER AHMED S/O LATE YAHEYA SAB AGED ABOUT 47 YEARS, RESIDING AT MANAGAMMA LAYOUT, MANGAMMANAPALYA, BANGALORE. …APPELLANT (BY SRI. BUDRUNNISA.,ADVOCATE) AND: 1. MR. RAJ KUMAR S/O PANDARI.V AGED ABOUT 29 YEARS, RESIDING AT NO. 100, 11TH CROSS, KONDAPPA LAYOUT, YELAHANKA, BANGALORE-560 064. 2. THE MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE NO.1, 2ND FLOOR, SHANKARA HOUSE, RMV EXTENSION, MEKHRI CIRCLE, BANGALORE- 56080 …RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2; R1 SERVED) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.01.2015 PASSED IN MVC NO.1306/2013 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, BY GRANTING AN ADDITIONAL COMPENSATION OF RS.79,000/- EXCLUDING AN AMOUNT OF RS.1,21,000/- ALREADY GRANTED BY THE TRIBUNAL. 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 M.V. Act arises from the judgment and award dated 14.01.2015, passed by the learned XX Additional Small Causes Judge, at Bangalore (SCCH-22), in MVC No.1306/2013. 2. The appellant/claimant, who sustained injuries in a road traffic accident on 29.12.2012, filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation amount of Rs.2,00,000/-. The Tribunal after considering the entire evidence on record awarded a total compensation of Rs.1,21,000/- with interest at the rate of 8% p.a. Being aggrieved with the quantum of compensation, the claimant is before this Court. - 3 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 3. Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the records. 4. It is stated that as per Ex.P.7-wound certificate, injuries sustained by the claimant is grievous in nature but the Tribunal has awarded lesser amount under the head pain and sufferings, and under the head food nourishment, attendant & transportation charges are also lower in side. Under the head loss of earnings is also very meager. Therefore, the claimant requests for enhancement of compensation with interest @ of 12% p.a. 5. As per Ex.P.7-Wound Certificate, the claimant has sustained fracture of tooth, mouth and multiple small abrasions over face. Ex.P.13 is the discharge summary. Therefore, considering the nature of injuries sustained amount of Rs.40,000/- is awarded by the Tribunal under the head pain and sufferings. 6. Taking into account the fact that the claimant has suffered fracture which is grievous in nature along with other simple injuries and that the claimant was an inpatient for 5 - 4 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 days, i.e., from 29.12.2012 to 04.01.2013. I deem it appropriate to enhance the compensation under the head 'Pain and Suffering' by an additional sum of Rs.25,000/-. 7. Though medical bills are produced for a sum of Rs.94,387/- there was double bills for similar treatment, considering the same, the Tribunal has rightly awarded amount of Rs.36,000/- under the head Medical Expenses. 8. The accident occurred in the year 2012, and the claimant was aged 47 years at the time of the accident. Injured was a driver. In the absence of proof of income, the notional income is assessed at Rs.10,000/- , according to the chart prepared by the Karnataka Legal Services Authority, and income assessed by the Tribunal is at Rs.10,000/- per month which needs no interference. 9. Considering the nature of the injuries sustained by the claimant, and the period of hospitalization, the sum of Rs.10,000/- awarded by the Tribunal towards Food, nourishment attendant and transportation is deemed insufficient and is therefore enhanced by an additional Rs.20,000/-, bringing the total to Rs.30,000/- under this head. - 5 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 10. Given the nature of the injuries and functional disability, the Tribunal's decision requires a review to ensure just compensation for the claimant. The compensation awarded by the Tribunal is re-assessed as follows; Pain and Suffering : Rs. 40,000/- Injuries : Rs. 25,000/- Medical Expenses : Rs. 36,000/- Loss of Amenities : Rs. 25,000/- Food and nourishment, conveyance And attendant charges) Rs. 30,000/- Loss of income during laid up period : Rs. 10,000/- TOTAL : Rs. 1,66,000/- 11. Therefore, the appellant is awarded a total compensation of Rs.1,66,000/- as opposed to the compensation awarded by the Tribunal at Rs.1,21,000/-. The appellant is entitled for an enhanced compensation of Rs.45,000/-, along with interest at 8% per annum from the date of filing of the petition till its actual realization. 12. Accordingly, I pass the following: - 6 - HC-KAR NC: 2025:KHC:30848 MFA No. 4575 of 2015 ORDER i. The appeal is allowed in part. ii. The appellant – claimant is entitled for an additional compensation of Rs.45,000/-, along with interest at 8% per annum from the date of filing of the petition till deposit in addition to what has been awarded by the Tribunal. iii. The enhanced compensation amount with accrued interest is to be released in favour of the claimant by the respondent - Insurance Company within a period of one month from the date of receipt of the certified copy of this order. To this extent, the judgment and award stands modified. Draw the award accordingly. SD/- (P SREE SUDHA) JUDGE HR