- 1 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 845 OF 2017 (MV-I) BETWEEN: SRI SHASHIDHAR MN S/O NANJUNDAIAH, AGED ABOUT 29 YEARS, R/AT NO.5, 12TH BLOCK, POLICE QUARTERS, HEBBAL, BANGALORE-24 PERMANENT RESIDENT OF: MATHIHALLI A POST, TIPTUR TALUK, TUMKUR DISTRICT. APPELLANT (BY SRI. SHRIPAD V SHASTRI .,ADVOCATE) AND: 1. THE PARTNER M/S. CI REDY MIX, SY.NO.29 & 33, D/KAIB, BOMMASANDRA INDL. AREA, JIGANI, BANGALORE-99. (R.C.OWNER OF LGV BEARIANG REG.NO.KA.50.9281). 2. HDFC ERGO GENERAL INSURANCE CO LTD NO.14, H.M.GENEVA HOUSE, CUNNINGHAM ROAD BANGALORE-52. (I.P.NO.231520056586 7001 00 VALID FROM 16.8.2014 TO 15.8.2015). RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) BHARATHI H M Digitally signed by BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04/05/2016 PASSED IN MVC NO.785/2015 ON THE FILE OF THE XXI ADDL. SCJ & XIX ACMM MEMBER - MACT, BANGALORE (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 04.05.2016 passed in MVC.No.785/2015 by the XXI Additional Small Causes Judge and XIX ACMM, Bangalore (SCCH-23)2 seeking for enhancement of compensation. 2. The Tribunal vide its judgment and award dated 04.05.2016 has partly allowed the claim petition and awarded a total compensation of `40,000/- together with interest at 6% per annum. Being aggrieved, the present appeal is filed seeking for enhancement of compensation. 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 4. Heard submissions of learned counsel Sri Shripad V Shastri appearing for the appellant – claimant and learned counsel Sri D Vijayakumar appearing for respondent No.2 – insurer. 5. It is forthcoming that the claimant was aged 27 years as on date of the accident i.e., as on 16.11.2014. He was stated to be working as a railway police constable earning a sum of `19,825/- per month. 6. It is evident from the wound certificate (Ex.P6), the discharge summary (Ex.P12) and the testimony of doctor (PW.2) that the claimant has sustained crushed degloving injury with exposure of right knee as well as injuries to right tibia and right patella. The claimant was treated as an inpatient for a total period of 11 days from 16.11.2014 to 26.11.2014. The doctor (PW.2) has deposed that the whole body disability - 4 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 of the claimant as 17%. PW.2 has further deposed that the claimant has massive skin grafts (disfiguration) and flaps over his right knee and right leg which is numb and itches a lot. That the claimant develops oozing and huge swelling from his skin flap wound after activity and he is unable to do physical training, parade and unable to run. However, it is pertinent to note that the claimant has continued in his employment with the railway police. 7. The Tribunal has noticed that while the claimant claimed medical expenses of `31,568/-, PW.1 in his cross- examination has stated that he has received reimbursement of medical expenses. However, it was stated that the out patient bills have not been reimbursed. Since there was no material placed on record regarding the same, the Tribunal has not awarded any compensation towards the same. However, it is pertinent to note here that the claimant has produced the out patient medical bills which have been cumulatively marked as Ex.P15 which is for a total sum of `31,568/-. Hence, it is just and proper to award medical expenses in a sum of `32,000/-. - 5 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 8. Having regard to the nature of injuries sustained, it is just and proper that the compensation towards pain and suffering be re-assessed as `50,000/- as against `30,000/- awarded by the Tribunal. 9. The compensation awarded by the Tribunal towards food, nourishment and conveyance charges of `10,000/- is just and proper. 10. Although, the claimant is not entitled to compensation towards loss of future earning capacity/disability, having regard to the testimony of PW.2 and extent of disability, as assessed by PW.2, it is just and proper that loss of amenities be awarded in a sum of `40,000/-. 11. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and suffering 30000.00 50000.00 2 Food, conveyance and nourishment 10000.00 10000.00 3 Loss of amenities 00.00.00 40000.00 4 Medical expenses 00.00 32000.00 Total 40000.00 132000.00 - 6 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 12. Accordingly, the Claimant is entitled to an enhanced compensation of (`1,32,000/- - `40,000/-)= `92,000/-. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 04.05.2016 passed in MVC.No.785/2015 by the XXI Additional Small Causes Judge and XIX ACMM, Bangalore (SCCH- 23), is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of `92,000/- together with interest at 6% per annum from the date of petition till its realization, in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; - 7 - HC-KAR NC: 2025:KHC:28447 MFA No. 845 of 2017 vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 15