- 1 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4421 OF 2024 (MV-I) BETWEEN: SRI. C B NARENDRA KUMAR S/O BABU CHAVAN AGED ABOUT 47 YEARS R/AT NO, 20 II CROSS 80 FT ROAD, I PHASE BEML LAYOUT, 5TH STAGE R.R. NAGAR, BENGALURU - 98. …APPELLANT (BY SRI. SHRIPAD V. SHASTRY, ADVOCATE) AND: 1. SRI VENKATESH P. PILLAPPA R/AT NO 329, MAIN ROAD KEMBATHAHALLI, GOTTIEGERE POST, B.G. ROAD, BENGALURU - 560 083. 2. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, NO. 14, HM GENEVA HOUSE CUNNIGHAM ROAD, BENGALURU - 560 068, BY ITS MANAGER. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; R1 VIDE COURT ORDER DATED 10.09.2025, NOTICE IS DISPENSED WITH) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.01.2024 PASSED IN MVC NO.3948/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, (SCCH- 1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT At request of Sri. Shripad V Shastry learned counsel for the appellant who appears through video conference as well as Sri. D.Vijayakumar learned counsel for respondent No.2 who also appears through video conference the matter is taken up for final hearing and disposal. 2. The claimant in M.V.C. No.3948/2020 which stood pending before the Principal Motor Accident Claims Tribunal, Bengaluru and was disposed of through order dated 24.01.2024 is before this Court disputing the impugned award on the ground that the compensation granted is grossly low. - 3 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 3. Arguing the matter Sri. Shripad V Shastry learned counsel for the appellant submits that the appellant sustained fracture of distal end radius apart from other injuries and he took extensive treatment in the hospital. Learned counsel further submits that the appellant during the course of treatment underwent a surgery also. Learned counsel contends that the tribunal failed to award justifiable sum as compensation and therefore the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. On the otherhand the submission that is made by Sri. D.Vijayakumar learned counsel for respondent No.2 is that the appellant did not suffer any loss in earnings and indeed the gross salary increased. Learned counsel submits that no positive evidence is produced by the appellant in support of his claim and therefore the appeal is not maintainable. 5. By all the evidence produced the appellant succeeded in establishing that he sustained comminuted fracture of distal end radius apart from simple injuries over left temporal region and over left calf muscle. The tribunal through the impugned order awarded a sum of ₹50,000/- for pain and agony, ₹30,000/- - 4 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 towards medical expenses, conveyance nourishment and attendant charges and ₹80,000/- for unhappiness and loss of amenities. As per the evidence of PW-3 the appellant is left with 13% whole body disability due to the permanent physical impairment of right upper limb. However, as rightly contended by learned counsel for respondent No.2, the appellant while giving evidence as PW-1 during the course of cross examination admitted he was working as technician at Broadcom, Wipro Campus, Electronic city, Bengaluru and that he was getting salary of ₹65,000/- per month and by the date of giving evidence he is getting salary of ₹80,000/- per month. The accident occurred in the month of October 2020. PW-1 admitted that he received full salary for the months of October and November 2020. Therefore, as rightly observed by the tribunal, no compensation can be awarded either under the head loss of future earnings or towards loss of earnings during laid up period. However, the fact that remains is that the appellant is left with physical impairment of his right upper limb due to the injuries sustained. The appellant therefore would be at liability to take some help or assistance in attending his day to day duties and at his work place. - 5 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 6. This Court is of the view that the amount awarded as compensation towards medical expenses, conveyance, nourishment and attendance charges i.e., ₹30,000/- is grossly low. Therefore, taking holistic view of the matter this Court considers desirable to award an additional sum of ₹70,000/- as compensation so that the sum which the appellant receives as compensation in total would be justifiable. 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 Principal Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C 3948/2020 dated 24.01.2024 is enhanced by ₹70,000/-. 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. - 6 - HC-KAR NC: 2025:KHC:35772 MFA No. 4421 of 2024 v. On such deposit the appellant is permitted to withdraw the entire amount. SD/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 2 CT: BHK