- 1 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3416 OF 2020 (MV-I) BETWEEN: SRI. VIPPARLA V. SUBBACHARI AGED ABOUT 29 YEARS, S/O GURAVAIAH, R/AT NO.2-66, KANCHARLA VARI PALLI, KANIGIRI, PRAKASAM, ANDHRA PRADESH. …APPELLANT (BY SRI. K.T. GURUDEV PRASAD, ADVOCATE) AND: 1. M/S. KOMITLA SERVICES NO.15, 4TH CROSS, KORAMANGALA 5TH BLOCK BENGALURU - 560 034. 2. THE UNITED INDIA INSURANCE CO. LTD., TP-HUB, NO.18, KRISHI BHAVAN, 6TH FLOOR, NRUPATHUNGA ROAD, OPP HUDSON CIRCLE, BENGALURU - 560 001, REP. BY ITS MANAGER …RESPONDENTS (BY SRI. M.V. CHANDRASHEKARA REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 10.04.2023, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2018 PASSED IN MVC NO.3303/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU SCCH-21, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 15th December 2018, passed by the XVII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru SCCH-21, (for short `Tribunal'), in MVC No.3303/2018, seeking enhancement of compensation. Though this appeal is slated for admission, with the consent of both the parties it is taken up for final disposal. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 3. The brief facts of the case are that, on 05.06.2018 at about 04.30 a.m., the claimant met with an accident while travelling in a bus bearing registration No.KA-01-AD-0582, due to rash negligent driving of its driver. As a result, he has sustained a fracture and injury to the spinal cord and suffered permanent disability. With these reasons, he prayed to award compensation. 4. The respondent No.2-insurer denied the petition averments and prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. 6. The claimant to prove his case examined three witnesses as PW-1 to PW-3 and marked 15 documents, as per Exs.P-1 to P-15. Respondents have not led any oral and documentary evidence. 7. The Tribunal after hearing both the parties and appreciating the materials available on record, held that the accident occurred due to rash and negligent driving of the bus by its driver and the claimant sustained injuries in the said - 4 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 incident. The said fact is not in dispute. Therefore, reconsideration of the same is not required. Learned counsel for the appellant contends that income taken by the Tribunal is on the lower side and the amount of compensation awarded under other heads are also on the lower side. Therefore, prayed for enhancement of the same. 8. Learned counsel for respondent No.2 supports the impugned judgment and prays to dismiss the appeal. 9. On consideration of the materials available on record, the amount of compensation awarded under the heads of pain and suffering, special diet, conveyance charges and attendant charges, loss of income during laid-up period and loss of amenities are on the lower side. The claimant is said to be working as a painter as well as a painting contractor. Looking at the nature of injuries, at least for a period of 5 to 6 months, he might not be in a position to attend to his work and lost his earnings. He sustained burst fracture of lumbered L1 bone. Looking at the evidence of PW.2, the said fracture affected 'neurological deficit' of knee and ankle with power grade III. PW.2 has also noted other deformities due to said - 5 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 injuries. Considering the same, the amount of compensation awarded under the head loss of amenities requires to be enhanced. For the aforesaid discussions, the claimant is entitled to the following amount of compensation: Particulars Amount in Rs. Pain and sufferings 65,000/- Medical expenses 1,16,484/- Special diet, conveyance and attendant charges 30,000/- Loss of income during laid up period (Rs.12,500/- x 6) 75,000/- Loss of future earning capacity due to disability (Rs.12,500/- x 12 x 17x 15%) 3,82,500/- Loss of amenities 75,000/- Total 7,43,984/- Amount awarded by the Tribunal Enhancement- Rounded off- 5,57,484/- 1,86,500/- 1,87,000/- 10 The claimant is entitled to interest on the enhanced amount of compensation at the rate of 6% per annum from the - 6 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 date of claim petition till its realisation, excluding delayed period of 332 days in filing the appeal. 11. Undisputedly, respondents are liable to pay the said amount. 12. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 15th December 2018, passed in MVC.No.3303/2018, by the XVII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru SCCH-21, stands modified; iii) The claimant is entitled to enhanced compensation of Rs.1,87,000/-, with interest at the rate of 6% p.a. from the date of petition till its realization, excluding delayed period of 332 days in filing the appeal. iv) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award is not disturbed. - 7 - HC-KAR NC: 2025:KHC:51203 MFA No. 3416 of 2020 vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 11