- 1 - HC-KAR NC: 2025:KHC:49301 MFA No. 8938 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 8938 OF 2015 (MV-I) BETWEEN: KUPPAYYA ERAPPA NAIK, AGED ABOUT 26 YEARS, S/O ERAPPA NAIK, R/O ALIVE KODI, SHIROOR POST AND VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 201. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. VENKATRAMANA S. HEBBAR, AGE:MAJOR, S/O SHESHAGIRI HEBBAR, R/O NO.142, KOTKHAND, MARUKERI, BHATKAL TALUK – 581 320. 2. NEW INDIA ASSURANCE CO.LTD., KUNDAPURA BRANCH, PUSHPA BUILDING, MAIN ROAD, KUNDAPURA – 576 201. REP:BY ITS MANAGER …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2; V/O DATED 27/01/2022 NOTICE TO R1 IS DISPENSED WITH) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49301 MFA No. 8938 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2015 PASSED IN MVC NO.634/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, KUNDAPURA, 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 MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by appellant-claimant seeking enhancement of compensation arising out of the judgment and award dated 01.09.2015 in MVC No.634/2014 passed by the Senior Civil Judge and Addl. MACT, Kundapura, (for short ‘the Tribunal’). 2. The date of accident, involvement of the vehicle, injuries suffered by the claimant and liability to pay compensation are not in dispute. The only dispute is quantum of compensation. 3. Heard Sri. Nagaraj Hegde, learned counsel appearing for the appellant and A.N. Krishna Swamy, learned counsel appearing for respondent No.2. Vide order - 3 - HC-KAR NC: 2025:KHC:49301 MFA No. 8938 of 2015 dated 27.01.2022, notice of this appeal to respondent No.1 was dispensed with. 4. Sri Nagaraja Hegde, taking this Court through the judgment and award, argued on two main points. First, through the Tribunal considered the disability, awarded a sum of Rs.50,000/-. The disability stated by the doctor is 10% and one-third of the same would come to nearly 4%. The income fixed under the chart prepared by the Karnataka State Legal Services Authority for the year 2014 is Rs.8,500/-per month. If the same is taken into consideration, the compensation for disability impairing earning capacity comes to nearly Rs.70,000/-. The Tribunal has awarded a sum of Rs.50,000/- which is very meagre when compared to the injuries suffered by the claimant. Secondly, he submits that the compensation awarded under the head ‘Loss of Amenities’ is Rs.8,000/-, which is very underside when compared to the injuries. On these two counts, he seeks appropriate enhancement of compensation. - 4 - HC-KAR NC: 2025:KHC:49301 MFA No. 8938 of 2015 5. Though Sri A.N. Krishna Swamy, refuted supported the submissions of learned counsel appearing for the appellant/claimant and supported the judgment, but does not seriously dispute the disability considered by the Tribunal, and the compensation awarded towards ‘Loss of Amenities’. 6. Having heard the learned counsel appearing for the parties, this Court, without much deliberation on the aspect, considers the disability at 10% to the particular limb and 4% to the whole body and finds that meager compensation is awarded towards ‘Loss of Amenities’. If a sum of Rs.50,000/- is awarded globally, in addition to the compensation has already been awarded by the Tribunal, it would meet the ends of justice. 7. Accordingly, this Court proceeds to pass the following: ORDER i. The appeal is allowed in-part. - 5 - HC-KAR NC: 2025:KHC:49301 MFA No. 8938 of 2015 ii. The judgment and award dated 01.09.2015 in MVC No.634/2014 passed by the Senior Civil Judge and Addl. MACT, Kundapura is modified and enhanced by another sum of Rs.50,000/- additionally, which shall carry interest at the rate of 6% per annum from the date of the petition till realisation. iii. The Insurer shall deposit the entire enhanced compensation along with accrued interest supra within six weeks from the date of receipt of a copy of this order before the concerned Tribunal. iv. Upon deposit, the entire amount shall be released in favour of the claimant/appellant upon proper identification. Sd/- (T.M.NADAF) JUDGE TMP List No.: 2 Sl No.: 33