- 1 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2895 OF 2017 (MV-I) BETWEEN: MR. LATHESH AGED ABOUT 35 YEARS, S/O MR. GOVINDA ADUMAROLI, KULSHEKHAR, MANGALURU - 575 001. …APPELLANT (BY SRI. H. MALATESH, ADVOCATE) AND: 1. MR. BALAKRISHNA AGED ABOUT 29 YEARS S/O NONAYYA GOWDA R/AT KANNERI HOUSE, THENKA YEDAPADAVU VILLAGE AND POST MANGALORE TQ - 575 001. 2. SRI. KRISHNA GOWDA AGE MAJOR S/O POOVAPPA GOWDA R/AT KENNERI HOUSE, THENKA YEDAPADAVU VILLAGE AND POST MANGALORE TQ - 575 001. 3. UNITED INDIA INSURANCE CO. LTD ., BALMATTA BRANCH, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 SALDANHA BUILDING, BRIDGE ROAD, BALMATTA MANGALORE - 575 001. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3; VIDE ORDER DATED 11.09.2025, NOTICE TO R1 AD R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.12.2016 PASSED IN MVC NO.708/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, MANGALURU, D.K, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 24.12.2016 passed in MVC No.708/2014 by the MACT and III Additional Senior Civil Judge & JMFC at Mangaluru, D.K., (for short 'the Tribunal') wherein the claimant has filed claim petition claiming compensation. - 3 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. 3. Heard the arguments of learned counsel for both the parties and perused the materials on record. 4. Brief facts of the case are as under: That on 01.04.2013 at about 2.30 p.m. when the petitioner was traveling as pillion rider in the motor bike bearing Registration No.KA-19 U 4092, driven by his friend viz., Ashok Kumar at Moddabidre, opposite to Maseedi, Badagulipadi NH, at Suralpady, Badaga Ulipaddy, Mangalore Taluk, at that time, a 407 tempo came bearing No.KA-19 6988 came in a rash and negligent manner and dashed to the motorbike from behind. Due to the impact, the petitioner and the rider of the motorbike fell down and sustained grievous injuries. 5. The injured claimant filed claim application claiming compensation of Rs.17,83,027/- with interest from the date of accident till the date of realization for the injuries sustained by him in the motor vehicle accident. The Tribunal considering the oral and documentary evidence on record granted an amount of - 4 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 Rs.5,45,127/- with interest at the rate of 6% per annum from the date of petition till the date of its realization. 6. Aggrieved by the said order, the appellant has preferred this appeal contending that the claimant sustained grievous injuries and he was inpatient from 01.04.2013 to 12.04.2013 for 12 days. PW.2-the Doctor assessed the disability of the claimant as 25%. He was working as an employee in Sri Dharmashasta Construction and getting monthly salary of Rs.16,000/-. He sustained mental shock due to the grievous injuries. He had also spent more than Rs.9,50,000/- for treatment and spending further amount for medicines. He was advised bed rest and also to take follow up treatment. He has to undergo further treatment and it may cost Rs.1,00,000/. He further requested to enhance the interest from 6% per annum to 9% per annum. 7. Two Wound certificates are filed by the petitioner and it is marked as Exs.P.12 & 17. As per the wound certificate, he sustained the following injuries:- (I) Abrasion 3 cm x 3 cm over left side of the face, just away from the eye. - 5 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 (II) Abrasion 3 cm x 3 cm over back of the left elbow. (III) Abrasion 3 cm x 3 cm over front of right knee. (IV) Abrasion 3 cn x 2 cm over front of left knee. (V) Lacerated would 1.5 cm x 0.5 cm x bone deep over front aspect of middle of left leg. (VI) Contusion 5 cm x 5 cm over left side of the head, just above the ear with underlying haemorrhagic contusions in the septum and right ganglio-capsular region, suggestive of axonal injury. (VII) Diffused swelling and deformity over left shoulder joint with underlying dislocation of shoulder joint. 8. It is stated that all injuries are grievous in nature. PW.2 assessed the disability as 25%. 1/3rd of the said disability comes to 8%. Though petitioner stated that he was earning Rs.16,000/- he has not produced any salary certificate to prove his income. When he met with the accident on 01.04.2013 he was aged 32 years and the multiplier to be adopted is '16'. His - 6 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 notional income as per the guidelines of Karnataka State Legal Services Authority is to be taken at Rs.8,000/- per month. Therefore, the loss of future income due to disability would be Rs.1,22,880/- (Rs.8,000/- x 12 x 16 x 8%). 9. Learned counsel for the appellant stated that the claimant cannot speak. The amount already granted by the Tribunal under the head Pain and Sufferings is Rs.50,000/-, calls for no interference. The amount granted by the Tribunal towards attendant charges, extra nourishing food, conveyance charges is meager and is enhanced to Rs.30,000/- as against Rs.8,100/-, towards loss of amenities this Court deems it appropriate to grant Rs.30,000/-. The Tribunal has granted Rs.4,37,027/- towards Medical expenses, which needs no interference. He has a memory loss and he cannot speak now, as such, he might not have attended any work for a period of 6 months. Therefore, Rs.48,000/- (Rs.8,000 x 6 months) is granted under the head loss of income during the laid up period. Therefore, this Court finds it reasonable to confirm the compensation awarded by the Tribunal under the head loss of income during the laid up period as Rs.50,000/-. - 7 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 10. In view of the above, the claimant would be entitled to a total compensation of Rs.7,19,707/- as against Rs.5,47,000/- awarded by the Tribunal as mentioned in the table below: Pain and Suffering : Rs. 50,000/- Loss of Amenities : Rs. 30,000/- Medical expenses : Rs. 4,37,027/- Attendant, Food and extra nourishment : Rs. 30,000/- Loss of income during laid up period : Rs. 50,000/- Loss of future income : Rs. 1,22,880/- TOTAL : Rs. 7,19,907/- 11. Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The judgment and award dated 24.12.2016 passed in MVC No.708/2014 by the MACT and III Additional Senior Civil Judge & JMFC at Mangaluru, D.K., is modified. 3. The appellant is awarded a total compensation of Rs.7,19,907/- as against the compensation awarded by - 8 - HC-KAR NC: 2025:KHC:36440 MFA No. 2895 of 2017 the Tribunal at Rs.5,45,127/-. Therefore, The appellant is entitled for an enhanced compensation of Rs.1,74,780/- along with interest at 6% p.a., from the date of filing the petition, till its realization. 4. The respondent No.3 is directed to deposit the said amount with interest at the rate of 6% p.a., within a period of one month from the date of receipt of copy of this order. 5. On such deposit, the appellant/petitioner is permitted to withdraw the compensation amount along with the accrued interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 4 CT: BHK