- 1 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 2500 OF 2024 (MV-I) BETWEEN: 1. SRI. NISHANTH K. S., S/O SURESH, AGED ABOUT 29 YEARS, R/AT HALEKEMPAIHNAHUNDI VILLAGE, T. NARASIPURA HOBLI, MYSORE - 571124. …APPELLANT (BY SRI P. MAHADEVASWAMY, ADVOCATE) AND: 1. SRI. ZAINULLA KHAN, S/O SANAULLA KHAN, AGED ABOUT 42 YEARS, R/AT MUBARAK MOHALLA, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA - 571313, (OWNER OF CAR BEARING REG. No. KA-14-A-1416) 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., PRINCE OF WALES ROAD, NEAR BALLAL CIRCLE, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 KRISHNAMURTHYPURAM, MYSORE - 570004. (INSURER OF CAR BEARING REG No KA-14-A-1416) …RESPONDENTS (BY SRI S.V. HEGDE MULKHAND, ADVOCATE FOR R2; NTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2024 PASSED IN MVC No.109/2022 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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 MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri. P. Mahadevaswamy, learned counsel for the appellant-claimant and Sri. S. V. Hedge Mulkhand, learned counsel for respondent No.2-Insurer. 2. This appeal is filed by the claimant in M.V.C. No.109/2022, calling in question the judgment and award dated 02.01.2024 passed by the Court of Principal Small Causes and Senior Civil Judge and MACT at Mysuru (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 3. On 31.01.2021, the claimant, while travelling on a motorcycle bearing Reg.No.KA-55-A-8384 along with his brother as a pillion rider, met with an accident involving a Car bearing Reg.No.KA-14-A-1416 (offending vehicle). The accident occurred due to the rash and negligent driving of the offending vehicle, as a result of which the claimant sustained grievous injuries. 3.1 It is stated that the claimant was medical representative and was earning Rs.25,000/- per month. It is contended that due to the injuries, he is not in a position to do the same work as he was doing prior to the accident. 3.2 The respondent No.2-Insurance Company filed objections before the Tribunal denying the averments made in the claim petition while specifically denying age, income and avocation of the claimant. It is also stated that the driver of the offending vehicle had no valid and effective driving licence at the time of the accident. However, it admitted the Policy. 3.3 Before the Tribunal, the claimant examined himself as PW.1 and also examined the Doctor as PW.2 apart from marking - 4 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 Exs.P.1 to P.15. No evidence was led on behalf of the respondents. 3.4 The Tribunal, considering the material on record, awarded a total compensation of Rs.12,37,000/- with interest at 6% per annum, on the following heads; Sl. No. Heads Compensation (in Rs.) 1 Pain, Agony and suffering 25,000 2 Loss of amenities and happiness and inconvenience 5,000 3 Medical and hospital charges 4,94,000 4 Loss of earning during laid up period 45,000 5 Towards Attendant, Food, Nourishment and other sundry expenses 15,000 6 Loss of future earnings 6,43,000 7 Future medical expenses 10,000 Total 12,37,000/- 4. Learned counsel Sri. P. Mahadevaswamy for the appellant contended that the disability assessed by the Tribunal at 15% to the whole body is opposed to the evidence and material on record. It is submitted that PW.2-Doctor in his evidence based on the medical reports has stated that the - 5 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 injured-appellant had suffered 46% disability to the upper limb and 36% disability to the lower limb. Taking note of injuries to both the upper and lower limbs, the Tribunal ought to have assessed the disability. 4.1 Further, learned counsel for the appellant would submit that the appellant-claimant was inpatient twice from 01.02.2021 to 17.02.2021 and from 02.09.2021 to 05.09.2021. Therefore, it is his submission that the injuries sustained by the claimant took more than six months to heal and during that period, he has lost his earning capacity. Therefore, he submits that the claimant would be entitled for loss of earning during laid up period for a period of six months. 4.2 Further, learned counsel would submit that taking note of the injuries sustained and treatment taken, the compensation awarded on the head of pain, agony and suffering is on the lower side and he prays for enhancing the same. Learned counsel would submit that the claimant has suffered Type-IIIC fracture U/3 tibia with open fracture right olecranon and capitellion and acute kidney injury and malunited fracture of right elbow. If those injuries are considered, the compensation of - 6 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 Rs.5,000/- awarded on the head of loss of amenities and happiness and inconvenience is too meager and he prays for enhancing the same substantially. 5. Per contra, learned counsel Sri.S.V. Hedge Mulkund for the insurance company would submit that the compensation awarded by the Tribunal is just and fair. It needs no interference. It is his submission that the disability assessed by the Tribunal is proper and correct so also, the income assessed by the Tribunal. Thus, he would pray for dismissal of the appeal. 6. Having heard the learned counsel for the parties and on perusal of the entire appeal papers along with the Tribunal records, the only point, which falls for consideration is as follows; "Whether the claimant would be entitled for enhanced compensation? 6.1 The answer to the above point would be 'partly affirmative' for the following reasons: 7. The accident that took place on 31.02.2021 involving motorcycle bearing No.KA-55-A-8384 and car bearing No.KA-14-A-1416 and the accidental injuries sustained by the - 7 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 claimant-appellant is not in dispute in this appeal. The claimant is before this Court praying for enhancement of compensation not being satisfied with the compensation awarded under the impugned judgment and award. 8. The claimant has sustained injuries of Type-IIIC fracture U/3 tibia with open fracture right olecranon and capitellion and acute kidney injury and malunited fracture of right elbow. He has taken treatment as inpatient from 01.02.2021 to 17.02.2021 and from 02.09.2021 and 05.09.2021. The claimant- appellant has undergone surgery. The claimant has undergone wound debridement plus cancellouys screw fixation with K-wire capitellum. The said implants were removed subsequently during his admission on 02.09.2021. Doctor-PW.2, in his evidence has deposed that the claimant has suffered 46% upper limb disability and 36% lower limb disability. Taking note of the evidence of PW.2-Doctor as well as medical records along with the decision of the Hon'ble Apex Court in Raj Kumar v. Ajay Kumar & Another reported in (2011) 1 SCC 343, the Tribunal has rightly assessed the whole body disability at 15%. On re-appreciating - 8 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 the material on record, we are of the considered opinion that the same needs no interference. 9. Taking note of the injuries sustained, the treatment taken and the surgery undergone, we deem it appropriate to enhance the compensation awarded on the head of pain, agony and suffering from Rs.25,000/- to Rs.50,000/-, so also, the loss of amenities and happiness and inconvenience from Rs.5,000/- to Rs.50,000/-. 10. The Tribunal has rightly assessed the notional income at Rs.15,000/- p.m. Taking into consideration of the injuries sustained by the claimant-appellant and the surgery underwent, it would have taken minimum six months to heal the injuries. Therefore, the claimant would be entitled for loss of earning during laid up period for a period of six months. Accordingly, Rs.90,000/- (Rs.15,000x6) is awarded towards loss of earning during laid up period. Since the claimant-appellant was inpatient twice for more than 23 days, we are of the opinion that the compensation awarded on the head of attendant, food, nourishment and other sundry expenses at Rs.15,000/- is on the lower side and the same is enhanced to Rs.30,000/-. - 9 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 11. Thus, the compensation awarded by the Tribunal is modified as under; Sl. No. Heads Compensation (in Rs.) 1 Pain, Agony and suffering 50,000 2 Loss of amenities and happiness and inconvenience 50,000 3 Medical and hospital charges 4,94,000 4 Loss of earning during laid up period 90,000 5 Towards Attendant, Food, Nourishment and other sundry expenses 30,000 6 Loss of future earnings 6,43,000 7 Future medical expenses 10,000 Total 13,67,000 12. For the foregoing reasons, the following; (i) The appeal stands allowed-in-part. (ii) The appellant-claimant is entitled to a total compensation of Rs.13,67,000/- along with interest at the rate of 6% per annum from the date of petition till realization, as against the compensation awarded by the Tribunal at Rs.12,37,000/-. Thereby, the appellant-claimant would be entitled to enhanced compensation of Rs. 1,30,000/-. - 10 - HC-KAR NC: 2026:KHC:8133-DB MFA No. 2500 of 2024 (iii) The enhanced compensation shall be deposited within four weeks from the date of receipt of copy of this order. (iv) The judgment and award of the Tribunal in respect of deposit and release of the compensation amount payable to the appellant-claimant remains unaltered. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 1