- 1 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 9555 OF 2017 (MV-I) BETWEEN: SRI. RAJ MOHAMMED, S/O SHEIK DOULATH, AGED ABOUT 61 YEARS, RESIDING AT NO.6, 2ND FLOOR, BLOCK NO.15, KAVERI SANKEERNA, 6TH BLOCK, ADUGODI POLICE QUARTERS, ADUGODI, BANGALORE – 560 030. …APPELLANT (BY SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. KARNATAKA GOVERNMENT INSURANCE DEPARTMENT, KGID, VISHWESHWARAIH TOWER, OPP: COFFEE BOARD, DR. AMBEDKAR VEEDI, BANGALORE – 560 001, REP: BY ITS DIRECTOR. 2. POLICE INSPECTOR, MOTOR VEHICLE DEPARTMENT, STATE INTELLIGENCE, NRUPATHUNGA ROAD, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 CENTENARY BUILDING, BANGALORE – 560 001. …RESPONDENTS (BY SRI. ARUN G S., HCGP FOR R1 & R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 10.03.2016 PASSED IN MVC NO.4779/2015 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER M.A.C.T., BENGALURU, 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 T.M.NADAF ORAL JUDGMENT This appeal is by the claimant seeking for enhancement of compensation, arising out of judgment and award dated 10.03.2016, in MVC.No.4779/2015 passed by XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and Motor Accidents Claim Tribunal, Bengaluru (SCCH-24) (‘Tribunal’ for short). - 3 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 2. The parties are referred to as per their rankings before the Tribunal. 3. The date of accident, involvement of the vehicle, injuries sustained and the liability to pay compensation are not in dispute. The only dispute is with respect to quantum of compensation. 4. In an accident occurred on 07.04.2014, the claimant-appellant sustained injury that is, (i) right proximal tibia closed displaced; (ii) fracture with intra- articular extension. As per the medical evidence of PW-2- Doctor, the claimant has sustained disability to the extent of 14.5% to the whole body. He was treated as an inpatient for 4 days. The appellant was working as Reserve Police Sub Inspector in State Intelligence and subsequent to the accident he retired from service. As per the evidence placed by the Government, now he is working as a security supervisor at Bengaluru Metro Rail Corporation Limited (BMRCL), which is admitted by the appellant. The - 4 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 Tribunal after going through the entire record placed before it, awarded compensation in a sum of Rs.1,54,513/- along with interest at the rate of 8% per annum from the date of petition till realization as against Rs.15,00,000/- claimed by the claimant. 5. Heard Sri Gopal Krishna.N, learned counsel appearing for the appellant and Sri.Arun G.S, learned High Court Government Pleader for respondent Nos.1 and 2. Perused the entire appeal papers along with trial court record. 6. It is not in dispute that the appellant immediately after accident retired from service and now is working in BMRCL and this fact has also been admitted by PW-1 in his cross-examination. As such the claimant is not entitled for any compensation under the head ‘loss of future income’. But at the same time, it cannot be lost sight that he has suffered injury to the right tibia, resulting in 14.5% disability to the whole body. Considering the fact - 5 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 that he was inpatient for 4 days and underwent surgery for implants and require another operation for removal of implants inserted, the compensation awarded by the Tribunal requires reconsideration. Accordingly, this Court proceeds to reassess the compensation awarded by the Tribunal as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain and suffering 10,000-00 60,000-00 2. Medical expenses 99,513-00 99,513-00 3. Food and Nourishment expenses, conveyance and attendant charges 15,000-00 25,000-00 4. Future medical expenses 10,000-00 30,000-00 5. Loss of amenities of life 20,000-00 50,000-00 TOTAL 1,54,513-00 2,64,513-00 7. On re-assessment, the claimant is entitled for re-assessed compensation of Rs.2,64,513/- as against Rs.1,54,513/- awarded by the Tribunal. Accordingly, there shall be enhancement of Rs.1,10,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. - 6 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 10.03.2016 in MVC No.4779/2015 passed by XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and Member MACT, Bengaluru (SCCH-24) is modified and further enhanced to Rs.1,10,000/-; iii) Respondent Nos.1 and 2 shall deposit the entire enhanced compensation amount of Rs.1,10,000/- along with interest at 6% per annum from the date of petition till realization within six weeks from the date of receipt of a copy of this order. - 7 - HC-KAR NC: 2026:KHC:9292 MFA No. 9555 of 2017 iv) Upon deposit, entire compensation amount shall be released in favour of the claimant on proper identification. v) The trial Court record shall be transmitted forthwith to the concerned Tribunal without causing any delay. Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 6 ct-vn