- 1 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5639/2015 (MV-I) BETWEEN: G.H.RAMANJANAIAH, S/O HANUMANTHARAYAPPA, AGED ABOUT 38 YEARS, HOLAVANAHALLI HOBLI, GAJAMUDDANAHALLI, KORATAGERE, NOW RESIDING AT C/O G.V. VENKATESH, S/O VENKATARAVANAPPA, NO.14A, 4 H.M.T. QUARTERS, TUMKUR-572 122. …APPELLANT (BY SRI. MUSHTAQ AHMED., ADVOCATE) AND: 1. SHIVANNA S/O RANGAIAH, KADEPALYA VILLAGE, CHIKKONAHALLI POST, GUBBI TALUK, TUMKUR NDIST-573 123. 2. UNITED INDIA INSURANCE CO., LTD., 1ST FLOOR, JAYADEVA COMPLEX, B.H. ROAD, TUMKUR-572 122. REP. BY ITS MANAGER …RESPONDENTS (BY SRI. K. KISHORE KUMAR REDDY, ADVOCATE FOR R2(VC) V/O DATED 15.06.2016, NOTICE TO R1 D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.02.2015 PASSED IN MVC NO.1159/2011 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND IV MACT, AT TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 21.02.2015 passed by the III Additional District Judge and IV MACT, Tumkur, in MVC No.1159 of 2011. 3. The petitioner–injured claimant met with an accident on 26.04.2011 and sustained injuries. Hence, filed claim petition claiming compensation of Rs.3,00,000/- with interest. The Tribunal considered the entire evidence on the record and granted Rs.15,000/- with interest at the rate of 8% per annum from the date of petition till realisation. 4. Being aggrieved by the said order, this appeal is preferred by the petitioner-claimant, in which it is contended - 3 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 that the petitioner has sustained five injuries, out of which, four injuries are simple and one is grievous in nature. He spent Rs.50,000/- for medicines. The Tribunal has not granted any amount for loss of future earning, conveyance, etc. and simply granted the global compensation of Rs.15,000/-. It is contended that the petitioner was under treatment for 6 months. He was aged 34 years at the time of accident and he lost the earning capacity. Therefore, requested to set aside the judgment of the Tribunal. 5. The petitioner-claimant sustained the following injuries as per wound certificate-Exhibit P4. “1) Laceration over left eye brow 4 x 1 cms bleeding present. 2) Abrasion over left medial mellelous 1 x 1 cms 3) Laceration over right medial mallelous 1 x 1 x 0-5 cms. 4) Swelling over lower eye lid (right eye) 5) Swelling over upper eye lid of both eyes 6) X-ray taken and it reveals fracture of 1st left rib” 6. Injury Nos.1 to 4 are simple and injury No.5 is grievous in nature. Petitioner did not examine the doctor or filed any disability certificate. Therefore, considering the nature of injuries, this Court finds it reasonable to grant an amount of Rs.23,000/- for injuries as he sustained one fracture and four - 4 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 simple injuries. This Court also finds it reasonable to grant an amount of Rs.10,000/- for pain and suffering, Rs.10,000/- for loss of amenities, Rs.10,000/- for transportation, extra nourishment attendant charges. The petitioner has stated that he incurred Rs.50,000/- towards medical expenses, but he has not filed any record. Considering the nature of the injuries, this Court finds it reasonable to grant Rs.5,000/- for medical expenses. The petitioner has stated that he was working in a private company, earning Rs.8,000/- per month. But, the nature of occupation is not mentioned and he did not adduce any proof of income. Since, he met with an accident on 26.04.2011, as per the guidelines of the Karnataka State Legal Services Authority, this Court finds it reasonable to take this income as Rs.6,500/- per month. As his sustained injuries, he might not have attended any work at least for a period of three month, therefore the loss of income during laid up period comes to Rs.19,500/- (Rs.6,500 x 3). 7. Thus, the total compensation comes to Rs.77,500/- interest at the rate of 6% per annum as against Rs.15,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Injuries 23,000/- 2. Pain and suffering 10,000/- 3. Attendant charges, extra food and conveyance expenses 10,000/- 4. Medical Expenses 5,000/- 5. Loss of income during laid up period 19,500/- 6. Loss of amenities 10,000/- Total 77,500/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.77,500/- with interest at 6% per annum from the date of petition till realisation. (iv) The Insurance company is directed to deposit the aforesaid compensation amount within one month from the date of this order. - 6 - HC-KAR NC: 2025:KHC:36820 MFA No. 5639 of 2015 (v) On such deposit, the claimant is permitted to withdraw entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 34