- 1 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3296 OF 2024 (MV-I) BETWEEN: MUNIRAJU.L. S/O. LAKKAPPA, NOW AGED ABOUT 58 YEARS, R/AT. HONNADAKE, SHIVAGANGE ROAD, GULUR GOBLI, TUMKUR TALUK AND DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA.N.R., ADVOCATE) AND: 1. VENKATESH S/O. HANUMANTHAIAH, AGED MAJOR, R/AT BHOVIPALYA, AREYUR POST,HEBBUR HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT. 2. THE MANAGER HDFC ERGO GENERAL INS. CO. LTD., 2ND FLOOR, SHANKARANARAYAN BUILDING, M.G. ROAD,BANGALORE-560 001. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R-2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2024 PASSED IN MVC NO.4955/2021 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-24, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 04.03.2024 passed in MVC No.4955/2021, by the XXII Additional SCJ & ACMM, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. 3. The injured claimant met with an accident on 13.09.2021 and filed claim petition before the tribunal claiming compensation of Rs.15,50,000/-. The tribunal considering the entire evidence on record granted an amount of Rs.4,08,084/- with interest at the rate of 6% p.a., from the date of petition till the date of deposit. Aggrieved by the said order, this appeal is filed. - 3 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 4. Learned counsel for the appellant mainly contended that the Tribunal granted meager amounts on the conventional heads. He further submits that the Tribunal committed an error in not awarding any compensation under the head 'loss of future income due to disability', as the Doctor/PW.2 has assessed the disability at 15% to the whole body. Further, contended that interest of 6% per annum granted by the Tribunal is to be granted at the rate of 9% per annum and requested for enhancement of compensation. 5. Learned counsel for respondent No.2 contended that the appellant-claimant was a Teacher, aged 54 years working in Verupasandra GLPS and was earning Rs.65,000/- per month. He continued his profession even after accident. Though it is stated that he was on leave for 105 days, no leave record is filed, therefore Tribunal rightly not granted any amount under the head 'loss of future income due to disability' and the amounts granted - 4 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 under the other heads are just and reasonable and as such the same is to be confirmed. 6. Admittedly the appellant was a Teacher and he continued his employment even after sustaining injuries in an accident. As per Ex.P19, he was getting gross salary of Rs.68,027/- and net salary of Rs.53,317/- and it is stated that he has availed earned leave for 105 days and he received salary for the said leave period also. The Tribunal held that after the accident, the appellant's salary was also increased and there is no loss of pay either during the treatment period or subsequent thereto and he has not produced any leave register to show that earned leave was not sanctioned to him. Therefore, the tribunal has not granted any amount under the head 'loss of income during the laid up period'. Hence, This Court finds no reason to interfere with the said finding of the tribunal. 7. As per the evidence of Doctor/PW.2, the appellant sustained right leg both bones fracture, right clavicle mid third fracture and right scapular fracture and - 5 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 he was treated at Ramaiah Hospital with CRIF with IMIL nailing with plate and screws on 20/9/2021 and later discharged on 4/10/2021, he was on regular follow up in the same hospital and the fracture united and developed infection after an year, hence on 05/12/2022 he got admitted to Hemavathi Hospital and got his implants removed, he was unable to walk normally, unable to stand for long time, unable to sit down, squat and sit cross leg. The appellant has deformed right leg, limping gait and restricted right knee and ankle movements and his X-ray of the right leg shows united fracture. Finally, the Doctor opined the whole body disability of the appellant at 15%. It is stated that as per wound certificate, the appellant sustained five injuries which are grievous in nature. The appellant is a Government Employee, he was treated as inpatient for 24 days and in his evidence he has clearly stated that he availed earned leave of 105 days. Though he has not produced any leave record, he might have definitely availed earned leave or leave on medical - 6 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 grounds for 105 days. Learned counsel for respondent No.2 opposes the same on the ground that no leave record is filed by the appellant and as such he is not entitled for any amount for a period of 105 days. But as the appellant was getting a net salary of Rs.53,317/- per month, he is entitled for an amount Rs.1,86,609/- i.e., (1777.23x105=1,86,609) for loss of income during the leave period. 8. The appellant sustained grievous injuries. Considering the nature of injuries and period of hospitalization, this Court finds it reasonable to grant an amount of Rs.1,86,609/- for a 'leave period' and also finds it reasonable to grant an amount of Rs.1,00,000/- for 'pain and sufferings', Rs.80,000/- under 'Loss of amenities' and Rs.50,000/- towards Conveyance, Attendant charges and nourishing food. Tribunal has already granted an amount of Rs.2,27,684/- towards medical expenses. Therefore, total compensation comes to Rs.6,44,293/-. The total compensation of - 7 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 Rs.4,07,684/- awarded by the Tribunal is enhanced from Rs.4,07,684/- to Rs.6,44,293/-. 9. Hence, the appellant-claimant is entitled for a total * compensation of Rs.6,44,293/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part; ii. The judgment and award dated 04.03.2024 passed in MVC No.4955/2021, by the XXII Additional SCJ & ACMM, Bengaluru, is modified; iii. The appellant-claimant is entitled to a sum of Rs.6,44,293/- along with interest at 6% p.a. instead of Rs.4,07,684/- granted by the tribunal. iv. Respondent No.2 is directed to deposit an enhanced amount of Rs.2,36,609/- with interest at the rate of 6% p.a. within one month from the date of this order and on * Deleted vide Court order dtd:23.04.2026. - 8 - HC-KAR NC: 2026:KHC:8955 MFA No. 3296 of 2024 such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same. v. As it is the case of no driving licence, the Tribunal has already directed the Insurance Company to pay the compensation amount and recover the same from the owner of the vehicle. The Tribunal has already invoked the principle of pay and recovery. Therefore, the Insurance Company is at liberty to recover the said amount from the owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE SMJ List No.: 1 Sl No.: 55 *Page No.8 retyped and replaced vide Court order dtd:23.04.2026.