- 1 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5363/2018 (MV-I) BETWEEN: SRI. H.V.ANANDA MURTHY S/O VEERABASAPPA AGED ABOUT 60 YEARS, RESIDING AT NO.126, 12TH MAIN 'E' BLOCK, 3RD STAGE, VIJAYA NAGAR, MYSURU CITY-570001. …APPELLANT (BY SRI. RAJA L., ADVOCATE) AND: 1. SMT. M.R.SAVITHA W/O. M.R.SOMASHEKAR MAJOR (AGE NOT KNOWN TO THE APPELLANT) NO.36, D.N.BLOCK, 3RD MAIN ROAD, NEAR RMP COLONY, KUVEMPU NAGAR MYSURU-570001. 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LTD., COB-III, NO.42/1, CHANDRA COMPLEX 1ST FLOOR, KALIDASA ROAD, V.V.MOHALLA, MYSURU-570001. …RESPONDENTS (BY SRI. RAJENDRA HEGDE, ADVOCATE FOR SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R2 V/O DATED 14.02.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2018 PASSED IN MVC NO.547/2015 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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 MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal filed under Section 173(1) of the Motor Vehicles Act, 19881 by the claimant challenging the judgment and award dated 03.03.2018 passed in MVC No.547/2015 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru)2, seeking enhancement of quantum of compensation. 2. The Tribunal by its judgment and award dated 03.03.2018 partly allowed the claim petition and awarded a total compensation of `1,80,000/- together with interest 1 Hereinafter referred to as ‘MV Act’ 2 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 at 9% per annum. Being aggrieved, the present appeal is filed by the claimant. 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 adjudicated in the present appeal is with regard to the adequacy of the quantum of compensation. 4. Heard the submissions of learned counsel Sri L. Raja for the appellant/claimant and learned counsel Sri Rajendra Hegde Mulkhand, for learned counsel Sri S.V. Hegde Mulkhand for respondent No.2/insurer. Perused the records of the Tribunal. 5. It is forthcoming that the claimant was aged 57 years as on the date of the accident, i.e., on 07.02.2015. The claimant was working as a Deputy Director in the office of the Development Commissioner, Ministry of Micro, Small and Medium Enterprises, Government of India and earning `90,000/- per month. - 4 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 6. It is evident from the wound certificate (Ex.P.5), discharge summary (Ex.P.13) as well as the evidence of the doctor (PW.2) that the claimant sustained comminuted fracture of the left tibia condyle and fracture of 4th and 5th metacarpal of the left hand. The claimant was treated as an inpatient for a total period of 09 days. 7. In view of the aforementioned, the compensation is re-assessed as follows: i. The Tribunal has awarded a sum of `1,00,000/- towards medical expenses by taking into consideration that the claimant has produced medical bills of `89,000/- and awarded a sum of `10,000/- towards nourishment. It is just and proper that the medical expenses be reassessed for a sum of `90,000/-; ii. Having regard to the nature of the injuries sustained and the period of treatment, it is just and proper to award compensation towards food, nourishment and attendant charges in a sum of `15,000/-; - 5 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 iii. The compensation awarded towards future medical expenses in a sum of `20,000/- is just and proper; iv. The Tribunal has not awarded any compensation towards loss of future earning capacity/disability since the claimant has continued his employment, which is just and proper; v. The Tribunal has also not awarded any compensation towards loss of income during the laid-up period since the claimant has not produced any relevant material to demonstrate that he has taken leave during the recovery period. Hence, the same is just and proper; vi. Having regard to the nature of the injuries sustained, it is just and proper to award compensation towards pain and sufferings as `60,000/- as against `30,000/- awarded by the Tribunal; vi. Doctor (PW.2) has deposed that there is mal- union of the tibia as well as the metacarpal of 4th and 5th bone. He further deposed that there is wasting of thigh - 6 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 and leg muscles and it is difficult to do manual work. Since the Tribunal has rightly not awarded compensation towards loss of future earning capacity/disability as the claimant has continued his employment, having regard to the disability as assessed by PW.2 which is 40% to the left lower limb and 10% to the left hand, it is just and proper to re-assess compensation towards loss of amenities in a sum of `75,000/- as against `30,000/- awarded by the Tribunal. 8. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1. Towards Medical expenses and nourishment 1,00,000.00 90,000.00 2. Towards loss of income during laid up period and rest - - 3. Towards injury pain and sufferings 30,000.00 60,000.00 4. Towards loss of future income - - 5. Towards loss of amenities 30,000.00 75,000.00 6. Future medical expenses 20,000.00 20,000.00 7. Towards food, nourishment and attendant charges - 15,000.00 Total 1,80,000.00 2,60,000.00 - 7 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 9. Hence, the claimant is entitled for enhanced compensation of `80,000/- (`2,60,000/- – `1,80,000/-). 10. It is noticed that the Tribunal has awarded interest at 9% p.a. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 11. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 03.03.2018 passed in MVC No.547/2015 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru) is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered. iii) The claimant is entitled for enhanced compensation of `80,000/- with interest at the - 8 - HC-KAR NC: 2025:KHC:27384 MFA No. 5363 of 2018 rate of 7% p.a. from the date of petition till its realisation 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; vi) The Registry to draw the modified award accordingly; vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE MBM List No.: 1 Sl No.: 51