- 1 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 990 OF 2017 (MV-I) BETWEEN: 1. K. SRINIVASAN S/O V KRISHNAMURTHY AGED 36 YEARS, R/AT # 114, 1ST MAIN, CUINNAMMA BLOCK, MADIWALA, BENGALURU - 560 068. …APPELLANT (BY SRI K V SHYAMAPRASADA, ADVOCATE) AND: 1. M/S. RELIANCE GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, CANARA CENTENARY BUILDING, 5TH FLOOR, EAST WING, #28, M.G.ROAD, BENGALURU - 560 001. 2. NARASIMHA MURTHY, MAJOR, FATHER'S NAME NOT KNOWN TO THE APPELLANT, R/AT NO.62, GOTTIGERE, 1ST BLOCK, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 BANNERGHATTA MAIN ROAD, BENGALURU - 560 076. …RESPONDENTS (BY SRI H C BETSUR., ADVOCATE FOR R-1; VIDE COURT ORDER DATED 09.08.2021, NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.05.2016 PASSED IN MVC NO.4966/2013 ON THE FILE OF THE X ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES BANGALORE (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the appellant and respondent No.1-Insurance Company. 2. The appellant-claimant has filed this petition being aggrieved by the judgment and award dated 20.05.2016 passed by the Motor Accident Claims Tribunal in MVC No.4966/2013. - 3 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 3. The brief facts of the case as set out in the claim petition are that on 01.03.2013 at about 6.45 a.m., the petitioner-claimant was proceeding from Kudlu gate towards Hosur road on his motor cycle bearing Registration No.KA-51-ED-4921 on the left side of the road by following all traffic rules and regulations. When the petitioner reached near Indian Oil Petrol Bunk, Singasandra, a water tanker bearing Registration No.KA-07-A-243 came in a rash and negligent manner from Hosur service road towards Kudlu Gate to the extreme right side of the road and dashed against the petitioner's motorcycle, due to which, he fell down and sustained grievous injuries. Immediately, the petitioner was shifted to Blossom hospital where he took first aid treatment and thereafter, he was shifted to Sagar hospital wherein he was treated as inpatient from 01.03.2013 to 08.03.2013. The petitioner sustained comminuted - 4 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 fracture of both bones of right forearm, comminuted fracture of distal end of right radius with brachial plexus injury, comminuted fracture of neck of right femur and cut lacerated wound over right knee and web space of both hands. Hence, he filed a claim petition before the tribunal, seeking compensation for the injuries sustained by him. 4. The Tribunal, upon consideration of the evidence on record, awarded compensation of Rs.5,81,200/- with interest @9% per annum (excluding future medical expenses of Rs.40,000/-) from the date of petition till realization. Being aggrieved by the same and not satisfied with the compensation awarded by the Tribunal, the petitioner-claimant has filed this appeal. 5. The learned counsel for the appellant contended that the claimant sustained comminuted fracture of - 5 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 both bones of right forearm, comminuted fracture of distal end of right radius with brachial plexus injury, comminuted fracture of neck of right femur and cut lacerated wound over right knee and web space of both hands. The doctor has assessed the disability of right upper limb and right lower limb at 89.65% and 36.1% respectively and the whole body disability at 49.9%. However, the Tribunal has not considered the disability aspect. He submitted that prior to the accident, the claimant was working as Senior Associate Processor at M/s. FNF Business Process Outsourcing India Private Limited and was drawing a sum of Rs. 21,000/- per month. He contended that the tribunal has awarded less compensation on the heads of pain and sufferings, attendant charges, loss of income during laid up period, future medical expenses etc., and therefore, prayed for enhancement of compensation. - 6 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 6. Learned counsel for respondent No.1-Insurance Company vehemently contended that the Tribunal, considering the oral and documentary evidence on record and the nature of injuries sustained by the claimant, has granted just and reasonable compensation to the claimant. Hence, no interference is called for and prayed for dismissal of the appeal. 7. Since there is no dispute with regard to negligence, liability and the nature of injuries sustained by the claimant in the accident, the only point that would arise for our consideration is whether the quantum of compensation awarded by the Tribunal is on the lower side or requires to be enhanced. 8. From a perusal of the impugned judgment, it appears that the claimant sustained three fractures i.e., comminuted fracture of both bones of right forearm, comminuted fracture of distal end of right - 7 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 radius with brachial plexus injury, comminuted fracture of neck of right femur and a simple injury i.e., cut lacerated wound over right knee and web space of both hands. To substantiate his contentions, the claimant examined himself as P.W.1 and also got examined the doctor as P.W.2 who assessed the whole body disability at 49.9% and disability of right upper limb and right lower limb at 89.65% and 36.1% respectively. As per the material available on record more particularly Ex.P.8-salary slip, the claimant received salary up to May 2023 i.e., even after the accident, the claimant received salary for the months of March, April and May of 2023. Therefore, the question of considering the loss of income due to disability would not arise. From a perusal of Ex.P.9, it is clear that the claimant himself has tendered his resignation. - 8 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 9. So far as the quantum of compensation is concerned, the Tribunal awarded a sum of Rs.50,000/- towards pain and suffering. The claimant suffered in all, three grievous injuries and a simple injury. It is well settled law that for one grievous injury, the claimant is entitled for Rs.40,000/- and for additional grievous injury, he is entitled for Rs.10,000/- each and for simple injury, he is entitled for Rs.5,000/-. Hence, additional sum of Rs.25,000/- is granted under the head 'pain and suffering'. The tribunal awarded a sum of Rs.15,000/- towards attendant charges, nutritious food and conveyance charges which is on the lower side. Hence, additional sum of Rs.5,000/- is awarded under this head. The tribunal awarded Rs.3,91,000/- towards medical expenses, Rs.36,000/- towards Physiotherapy bill and Rs.9,200/- towards Ambulance bill which are fair and reasonable and hence, no interference is called for under these heads. - 9 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 10. The tribunal awarded a sum of Rs.15,000/- towards loss of income during laid up period which is meager and hence, additional amount of Rs.9,000/- is awarded under this head. The tribunal awarded Rs.25,000/- towards loss of future amenities and happiness which is fair and reasonable. 11. The tribunal awarded Rs.40,000/- towards future medical expenses which is on the lower side. Hence, considering the nature of injuries sustained by the claimant and the medical bills produced by him, an additional sum of Rs.60,000/- is awarded under this head. In all, an additional sum of Rs.1,00,000/- is awarded as global compensation to the appellant- claimant. It is made clear that the claimant is not entitled for interest on future medical expenses. 12. In the result, the appeal is partly allowed. The appellant is entitled for global compensation of - 10 - HC-KAR NC: 2025:KHC:29922-DB MFA No. 990 of 2017 Rs.1,00,000/- in addition to what has been awarded by the tribunal. Respondent No.1-Insurance Company is directed to pay the enhanced compensation of Rs.1,00,000/- with interest @6% p.a. (excluding future medical expenses) within a period of four weeks from the date of receipt of copy of this judgment. The Registry to draw modified award, accordingly. Pending IAs, if any, stand disposed off, as does not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV List No.: 1 Sl No.: 54