- 1 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5139 OF 2024(MV-I) BETWEEN: 1. THE MANAGER BAJAJ ALLIANZ GIC LTD., SERVICE OFFICE: KUNDAPURA NEAR R.N. SHETTY HALL ON NH-66, KUNDAPURA NOW REP. BY THE LEGAL MANAGER BAJAJ ALLIANZ GIC LTD., 4TH FLOOR, 59TH ‘C’ CROSS GOLDEN HEIGHTS BUILDING 4TH ‘M’ BLOCK BENGALURU-560010. …APPELLANT (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. PRADEEP B., ADVOCATE) AND: 1. LOKESH MASTAPPA NAIK S/O MASTAPPA NAIK AGED ABOUT 40 YEARS R/O H.NO.146, BAGGIMANE MUTTALLI, BHATKAL UTTARA KANNADA. 2. GAJANANA V. NAIK S/O VENKATARAMANA NAIK AGED ABOUT 37 YEARS R/O MASIKAMANE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 TENGINAGUNDI, HOBLE BHATKAL. …RESPONDENTS (VIDE ORDER DATED 05.08.2024, NOTICE TO R2 IS DISPENSED WITH; VIDE ORDER DATED 23.09.2024, NOTICE TO R1 HELD SUFFICIENT) MFA FILED IS UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.05.2024 PASSED IN MVC NO.739/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.9,41,165/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.05.2024 passed in MVC No.739/2021, by the Senior Civil Judge and Additional MACT at Kundapura, for enhancing the compensation. 2. Heard the arguments of learned counsel appearing for the appellant. Notice to respondent No.1 is held sufficient vide order dated 23.09.2024 and notice to - 3 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 respondent No.2 is dispensed with vide order dated 05.08.2024. 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. It is the case of injury. The injured claimant aged 37 years filed claim petition claiming compensation of Rs.50,00,000/- with interest at the rate 12% per annum. 5. Learned counsel for the appellant-Insurance Company contended that the petitioner himself was examined as P.W.1 and he has not examined any Doctor, who treated him. But, the Tribunal considered the disability at 20% and granted compensation of Rs.9,41,165/- with interest at the rate of 6% per annum from the date of petition, till the date of deposit. Aggrieved by the said order, appellant-Insurance Company preferred an appeal and disputed the amount of compensation granted by the Tribunal. It is contended that even without any medical evidence, 20% disability was - 4 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 taken basing on Ex.P57-Disability Certificate issued by the Medical Board. The concerned person, who issued the Certificate is not examined before the Tribunal. It is further contended that 40% towards future prospects was wrongly added and the compensation awarded is on higher side and thus, requested this Court to set aside the order of the Tribunal. 6. As per the Wound Certificate, the petitioner has sustained the following injuries: “1) Abrasion, reddish, measuring 4x1 cm present over the back of right elbow joint. 2) Laceration, measuring 2x3 cm x subcutaneous tissue deep over inner aspect of right thigh, 2 cm above knee joint. 3) Laceration, measuring 2x2 cm x subcutaneous tissue deep present over the back and outer aspect of right ankle joint”. 7. As per the X-ray report, the petitioner has sustained the following fractures: - 5 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 “Right femur shaft fracture. Right tibia shaft fracture. Right fibula shaft fracture”. 8. The injuries sustained by the petitioner are grievous in nature. Though petitioner filed Ex.P57- Disability Certificate issued by the Medical Board, he has not examined any other person to prove the said document. In the said Disability Certificate, his disability was assessed at 67% and the Tribunal has considered 1/3rd of 67% and taken the disability at 20% and calculated the amount. As the petitioner failed to examine the Doctor, considering the nature of injuries sustained by the petitioner as per the Wound Certificate, this Court finds it reasonable to grant an amount of Rs.55,000/- towards ‘injuries’. Initially, the petitioner took first aid in Bhatkal Government Hospital and then, shifted to KMC Hospital, Manipal for treatment, wherein surgery was done, implants were inserted and he was discharged on 01.04.2021. Again, he was admitted on 13.04.2022 for removal of implants and discharged on 15.04.2022. Later, - 6 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 he took treatment in OPD, K.S. Hegde Hospital, Mangalore. Considering the nature of injuries, this Court finds it reasonable to grant an amount of Rs.25,000/- for ‘pain and suffering, Rs.25,000/- towards ‘loss of amenities’. This Court also finds it reasonable to grant an amount of Rs.1,87,345/- towards ‘medical expenses’ and Rs.30,000/- towards ‘conveyance, diet and attendants charges’. 9. The petitioner was aged 37 years and working as ‘Coolie’ and stated that he was getting an income of Rs.25,000/- per month, but he has not filed any document or examined any person to prove the income. The accident is of the year 2021, as per the guidelines of Karnataka State Legal Services Authority, income is to be taken as Rs.15,000/- per month. Due to the injuries sustained in the accident, he might not have attended any other work atleast for a period of 5 months. Hence, towards ‘loss of income during laid up period, an amount of Rs.75,000/- (15,000 x 5) is awarded. - 7 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 10. Thus in all, award of compensation passed by the Tribunal is modified as under: 11. Hence, the compensation is reduced from Rs.9,41,165/- to Rs.3,97,345/- along with interest at 6% per annum from the date of petition till the date of deposit. 12. In the result, the following order is passed: ORDER i. Appeal is allowed. Particulars Amount in Rs. Injuries 55,000.00 Pain and suffering 25,000.00 Loss of amenities 25,000.00 Medical Expenses 1,87,345 Conveyance, diet and attendants charges 30,000.00 Loss of income during laid up period 75,000.00 Total 3,97,345.00 - 8 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 ii. The judgment and award dated 17.05.2024 passed in MVC No.739/2021 by Senior Civil Judge and Additional MACT at Kundapur is modified; iii. The claimant is entitled to a sum of Rs.3,97,345/- along with interest at 6% per annum from the date of petition till the date of realization as against Rs.9,41,165/- iv. The appellant-Insurance Company is directed to deposit the said amount within one month from the date of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 9 - HC-KAR NC: 2025:KHC:32380 MFA No. 5139 of 2024 vii. The appellant-Insurance Company has already deposited 50% of the compensation at the time of filing the appeal. The appellant-Insurance Company to calculate the actual amount to be paid as per this appeal and if any excess amount is deposited, they are entitled for refund of excess amount. viii. Statutory deposit of Rs.25,000/- deposited by the appellant-Insurance company shall be transferred to the MACT. ix. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE ST List No.: 2 Sl No.: 20