- 1 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6239/2019 (MV-I) BETWEEN: ANNAPPA S/O ERAPPA AGE 60 YEARS OCC: MASON R/O KANLE POST-577430 TALGUPPA HOBLI SAGAR TALUK SHIMOGA DISTRICT. …APPELLANT (BY SRI. PRASAD B.S. ADV.,) AND: 1. KRISHNAMURTHY S/O CHANDRAPPA AGE 27 YEARS R/O SHETTIHALLI-577227 NEAR POST OFFICE HOLEHONNUR ROAD SHIVAMOGGA TALUK & DISTRICT. 2. MOHAMMAD ARIF S/O MOHAMMAD ESAC AGE 52 YEARS R/O NO.399, 1ST CROSS R.M.L. NAGAR NEAR TEMPO STAND SHIVAMOGGA TOWN-577201. 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD, Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 J C ROAD, SAGAR TOWN-577401 SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADV., FOR R3 R1 & R2 SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.08.2018 PASSED IN MVC NO.60/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND AMACT-9, SAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 28.08.2018 passed in MVC.No.60/2017 by the Principal Senior Civil Judge and AMACT-9, Sagara, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 3. Sri.Prasad B.S., learned counsel for the appellant submits that the Tribunal has committed grave error in awarding total compensation of Rs.96,721/- without considering the fact that the appellant sustained nine injuries and out of them three are grievous injuries. It is further submitted that the claimant was in-patient for a period of 10 days and in support of the same he examined himself as PW-1 and the Dr.Parappa K., as PW2, and got marked Exs.P1 to 22. Hence he seeks to re-assess the compensation by considering the evidence on record. 4. Per contra, Sri.Krishna Kishore, learned counsel appearing for respondent No.3 - insurance company supports the impugned judgment and award of the Tribunal and submits that the appellant has failed to produce the disability certificate and even the doctor, who has been examined, has not spoken anything with regard to disability. The Tribunal has recorded the clear finding that the appellant has sustained chest injuries and based - 4 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 on that awarded just compensation, which does not call for any interference. Hence, seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both sides and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is : "Whether the judgment and award passed by the Tribunal calls for any interference?" 7. It is not in dispute that the appellant-claimant met with a road accident on 25.03.2016. It is averred that the injured appellant was aged about 58 years at the time of accident and was working as a skilled worker in the construction field and earning more than Rs.15,000/- per month. It is to be noticed that the appellant has sustained fractures, which have been deposed by PW-2 Doctor in his evidence. The injuries are over the right chest. The wound certificate - Ex.P-5 clearly reveals that the rib Nos.3, 4 and - 5 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 5 have been fractured and there was a swelling on the right lung due to the injuries. It is also not in dispute that the appellant was provided treatment at Sagar Government Hospital and as per the material on record, he was in-patient for a period of 6 days. Taking note of the oral evidence of PW-2 and other documentary evidence on record, I am of the considered view that the Tribunal has erred in awarding meager compensation under the heads referred in the impugned judgment. Hence, the appellant is entitled for enhancement of compensation. Thus, the appellant is entitled to compensation of Rs.60,000/- towards pain and suffering; Rs.40,000/- towards loss of amenities; Rs.33,000/- (Rs.11,0000 x 3) towards loss of income during the laid-up period and Rs.15,000/- towards food and nourishment, conveyance and attendant charges. The compensation of Rs.35,721/- awarded by the Tribunal towards medical expenses is unaltered. Thus, the appellant would be entitled to the modified compensation as under: - 6 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 Thus, the appellant-claimant shall be entitled to total compensation of Rs.1,83,721/- as against Rs.96,721/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to a total compensation of Rs.1,83,721/- as against Rs.96,721/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 60,000 Loss of amenities 40,000 Medical expenses 35,721 Loss of income during laid up period 33,000 Food, conveyance, nourishment and attendant charges 15,000 Total 1,83,721 - 7 - HC-KAR NC: 2026:KHC:13239 M.F.A. No.6239/2019 c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The entire compensation amount shall be released in favour of the appellant- claimant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 20