- 1 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 537 OF 2021 (MV-I) BETWEEN: SRI. DILEEP U N S/O NAGARAJU, AGED ABOUT 24 YEARS, UDDURU VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. K.S. ANANDA, ADVOCATE) AND: 1. PRAVEEN KUMAR H.S, S/O SUVINDRAPPA, MAJOR, HOUSE NO. 27, KESAGODU VILLAGE, BELUR TALUK, HASSAN DISTRICT. 2. THE MANAGER NATIONAL INSURANCE CO. LTD., MANJUNATH COMPLEX, OLD BUS STAND ROAD, HASSAN CITY, HASSAN. …RESPONDENTS (BY SRI. A.M. VENKATEH, ADVOCATE FOR R2; R1 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 03.03.2020, PASSED IN MVC NO.181/2016, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Ananda K.S learned counsel for the appellant as well as Sri.A.M.Venkatesh, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accidents Claims Tribunal, Hassan in M.V.C. No.181/2016 dated 03.03.2020. This is a claimant's appeal. 3. Making his submission on the merits of the matter, learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and took extensive treatment. The appellant as an agriculturist was earning Rs.20,00/- per month. Learned counsel also states that the appellant was taken to hospital in an ambulance on four - 3 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 different occasions and he incurred huge sum towards traveling charges. However, the tribunal did not award any separate amount towards conveyance charges. Learned counsel also submits that though the appellant incurred around Rs.7,00,000/- towards medical expenses the tribunal awarded only Rs.3,61,938/- towards medical expenses. Learned counsel also submits that the compensation as claimed by the appellant is required to be awarded in the light of the grievous injuries sustained by him and the disability with which he is left with. 4. Per contra, the submission that is made by learned counsel for respondent No.2 is that the appellant failed to produce any substantial proof with regard to the alleged travel expenses. Learned counsel also submits that the appellant was not earning anything by the date of accident. Learned counsel though states that the compensation that is granted by the tribunal is justifiable, graciously contends that there may be marginal enhancement. 5. The tribunal through the impugned award awarded a sum of Rs.75,000/- towards pain and suffering, Rs.3,61,938/- towards medical expenses, Rs.75,000/- towards diet, food, - 4 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 nourishment, attendant and conveyance charges, Rs.1,51,200/- towards loss of future earnings, Rs.28,000/- towards loss of income during laid up period and Rs.25,000/- towards loss of amenities. In total the tribunal awarded a sum of Rs.7,16,138/- as compensation. 6. Undisputedly, the appellant sustained Comminuted fracture of right tibia and fibula. He also sustained simple one injury. It is clearly brought on record that the appellant took treatment as inpatient for a total period of 56 days. The Appellant also examined the Doctor who assessed the disability. 7. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of three months. Therefore, awarding a sum of Rs.28,000/- under the head loss of income during laid up period is grossly low. Also the tribunal did not award any justifiable sum towards travel expenses. undoubtedly, the appellant would have hired a vehicle for his travel to hospital on different occasions he traveled. Therefore, even on lower side the appellant would have incurred a sum of Rs.10,000/- to Rs.15,000/- towards travel expenses each time. Having - 5 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 considered the submission that the appellant resides at Hassan and he traveled to Coimbatore 4 times for his treatment and that the distance between Hassan and Coimbatore is around 400 kms., this Court is of the view that the appellant would have incurred not less then Rs.30,000/- towards travel expenses. Also considering the nature of injuries sustained the treeatment taken and the disability with which the appellant is left with, this Court is of the view that globally the appellant is entitled to an enhanced sum of Rs.1,00,000/- towards compensation. 8. 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 Additional Motor Accident Claims Tribunal, Hassan through orders in M.V.C. No.181/2016 dated 03.03.2020 is enhanced by Rs.1,00,000/-. - 6 - HC-KAR NC: 2025:KHC:25769 MFA No. 537 of 2021 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 order. v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 45 CT: BHK