- 1 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3800 OF 2025(MV-I) BETWEEN: THIPPARAJU N., S/O. NARASIMHAMURTHY, AGED ABOUT 31 YEARS, R/AT 6TH BLOCK, KODIGEHALLI HOBLI, MADHUGIR TALUK, GUTTE TUMKUR, KARNATAKA. …APPELLANT (BY SRI. N. R. RANGEGOWDA, ADVOCATE) AND: 1. MANJULA, W/O SRINIVAS, AGED MAJOR, R/AT O. 381, 2ND CROSS, 1ST WARD, PUSHKARNI ROAD, OPP BBMP OFFICE, YELAHANKA, BANGALORE - 560 064. 2. RELIANCE GENERAL INSURANCE CO. LTD., REP BY ITS MANAGER, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 UNNATI ARACADE, 5/111 AND 6/112, 1ST BLOCK, DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE - 560 010. …RESPONDENTS (BY SRI.D. VIJAYA KUMAR, ADVOCATE FOR R2 (VC); V/O. DATED 09.06.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.11.2024 PASSED IN MVC NO.5857/2022 ON THE FILE OF THE X ADDITIONAL COURT OF SMALL CAUSES MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 ORAL JUDGMENT At request of Sri.N.R.Rangegowda learned counsel for the appellant who appears before this Court physically as well as Sri.D.Vijayakumar learned counsel for respondent No.2 who appears through video conference, the matter is taken up for final hearing and disposal. 2. The appellant who sustained fracture of left clavicle in a road traffic accident filed a petition claiming compensation of ₹30,00,000/- in total. The Motor Accident Claims Tribunal, Bengaluru which dealt with the case as MVC No.5857/2022 rendered orders on 08.11.2024 holding that the appellant is entitled to a sum of ₹4,60,874 as compensation. The version of the appellant before this Court is that he is entitled for a higher sum. 3. Learned counsel for the appellant submits that the appellant underwent a surgery during the course of treatment and he produced sufficient evidence to show that the disability in respect of upper limb is 25% and - 4 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 13% in respect of whole body. However, the Tribunal took the disability in respect of whole body as 8%. Learned counsel states that the compensation that is awarded by the Tribunal under all heads is on lower side. 4. Vehemently opposing the said submission, learned counsel for respondent No.2 contends that clavicle is an ornamental bone and thus, there would not be any disability in respect of whole body. But the Tribunal granted huge sum of ₹2,52,960/- under the head loss of future earnings. Learned counsel further submits that the compensation granted under all other heads is also on higher side and thus, the appeal is not maintainable. 5. The disability in respect of whole body as assessed by the Tribunal and the consequent award of compensation under the head loss of future earnings is on proper lines and therefore, no interference is required. The compensation granted under the head pain and suffering is also just and reasonable. - 5 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 6. Having considered the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of three months. However, the Tribunal granted a sum of ₹31,000/- only making an observation that there would have been loss of income only for a period of two months. This Court is of the view that the compensation granted under the heads attendant charges, food and nourishment and conveyance expenses requires marginal enhancement. Thus, taking into consideration the totality of evidence produced, this Court is of the view that the compensation granted by the Tribunal is required to be enhanced by ₹35,000/-. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through - 6 - HC-KAR NC: 2025:KHC:38376 MFA No. 3800 of 2025 orders in MVC No.5857/2022 dated 08.11.2024 is enhanced by ₹35,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 16