- 1 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2653 OF 2019 (MV-I) BETWEEN: SRI HANUMEGOWDA C. B., S/O BACHEGOWDA, AGED ABOUT 31 YEARS, RESIDING AT CHOWDASANDRA VILLAGE MALURU POST SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 102. …APPELLANT (BY SRI. HARISH BABU K. N., ADVOCATE) AND: 1. MR. RAMESH G P S/O PUTTASWAMY MAJOR, NO.40/1, 14TH CROSS, MALLESHWARAM GANGALU VILLAGE BENGALURU - 560 003. 2. THE REGIONAL MANAGER REGIONAL OFFICE UNITED INDIA INSURANCE COMPANY LTD., 6TH FLOOR, KRISHI BHAVAN NEAR HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SMT. KAUSALYA, ADVOCATE FOR SRI. RAVISH BENNI, ADVOCATE FOR R2; Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 VIDE ORDER DATED 18.01.2024 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 20.10.2018 PASSED IN MVC NO.7566/2016 PASSED BY THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, MEMBER MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY, SCCH-14 AND ENHANCE THE COMPENSATION AS PRAYED IN THE CLAIM PETITION OR BY AWARDING SUCH SUM THAT THIS HON’BLE COURT FEELS JUST AND REASONABLE AND TO PASS SUCH ORDER AS CIRCUMSTANCES OF THE CASE AND ALLOW THE APPEAL WITH COST AND INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS 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 under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 20.10.2018 passed in MVC No.7566/2016, by the Motor Vehicles Accident Claims Tribunal at Bengaluru, (SCCH-14) for enhancing the compensation. 2. Heard the arguments of learned counsel appearing for the appellant and respondent No.2. Notice to - 3 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 respondent No.1 is dispensed with vide order dated 18.01.2024. 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. It is a case of injury, injured claimant filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the evidence on record, granted Rs.50,000/- lumpsum amount with interest at the rate of 7% per annum from the date of petition till its realization. Aggrieved by the said judgment and award, he preferred this appeal and mainly contended that he sustained multiple fractures as per the evidence of PW-2 and was hospitalized for one month but no amounts were granted for pain and sufferings, mental agony, nutrition, food, conveyance, attendant charges and loss of earnings. Therefore, prays for enhancement of compensation. As per evidence of PW-2, petitioner has sustained the following injuries:- - 4 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 "Poly trauma; Multiple rib fracture on left side, with haemo Throe and Lung contusion, L1 to L4 Vertebral fracture, Liver laceration, Left Clavicle Fracture, Left Ulnar nerve injury, deep abrasion on chest and both knee joint." 5. He got admitted in MSR Memorial Hospital from 02-10-2016 to 03-10-2016, and shifted to MSR Teaching Hospital from 03-10-2016 to 01-11-2016. He was also hospitalized for a period one month. Considering the nature of injuries and period of hospitalization, this Court finds that it is just and reasonable to grant Rs.60,000/- for injuries, Rs.40,000/- for pain and sufferings, Rs.30,000/- for loss of amenities, Rs.10,000/- for medical expenses, Rs.30,000/- for transportation, extra nourishment and attendant charges. 6. It is stated that petitioner was aged 28 years and working as a Driver in Vishakan C/o. Indego Air Lines and earning Rs.15,000/- per month. But no evidence is produced to prove his income. The accident is of the year 2016, as per the guidelines of Karnataka State Legal Services Authority, notional income is to be taken as - 5 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 Rs.9,500/- per month. Due to the injuries sustained in the accident, he might not have attended any other work at least for a period of 6 months. Hence, towards ‘loss of income during laid up period', an amount of Rs.57,000/- (9,500 x 6) is awarded. 7. Thus in all, award of compensation passed by the Tribunal is modified as under: 8. Hence, the compensation is enhanced from Rs.50,000/- to Rs.2,27,000/- along with interest at 6% Particulars Amount in Rs. Injuries 60,000.00 Pain and suffering 40,000.00 Loss of amenities 30,000.00 Medical Expenses 10,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 57,000.00 Total 2,27,000.00 - 6 - HC-KAR NC: 2025:KHC:34814 MFA No. 2653 of 2019 per annum from the date of petition till the date of deposit. 9. In the result, the following order is passed: ORDER i. Appeal is allowed-in-part. ii. The judgment and award dated 20.10.2018 passed in M.V.C.No.7566/2016 by the Motor Vehicles Accident Claims Tribunal, Bengaluru, (SCCH-14) is modified; iii. The appellant is entitled to a sum of Rs.2,27,000/- along with interest at 6% p.a. from the date of petition till the date of realization as against Rs.50,000/-. iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE MH/- List No.: 1 Sl No.: 16