- 1 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1640 OF 2024(MV-I) BETWEEN: SHRI. MUKESH. G. M. S/O. MURUGESHAN G., AGED ABOUT 34 YEARS, R/AT HEGGADADEVANAPURA, ALUR POST, DASANAPURA HOBLI, BENGALURU - 562 123. …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. REKHA M. D/O MUNIRAJ, MAJOR, R/AT NO.47, SHRI. RAMANAGAR, HEGGADADEVANAPURA, ALUR POST, DASANAPURA HOBLI, BENGALURU - 562 123. 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD, M.G. ROAD, Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 BENGALURU-560 001. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI B. PRADEEP, ADVOCATE; V/O DATED 20.08.2024, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.09.2023 PASSED IN MVC NO.7591/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 14.09.2023 passed in MVC No.7591/2019, by the III Additional Small Causes Judge and ACMM at Bengaluru (SCCH-18) (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 3. The injured claimant met with a road traffic accident on 29.05.2019 and filed a claim petition seeking compensation of Rs.60,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.1,24,000/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the claimant preferred an appeal, contending that he had sustained grievous injuries in the accident and incurred substantial medical expenses for treatment. It is further contended that the appellant is employed in a private firm and due to the injuries suffered, there is a likelihood of termination of his employment, thereby affecting his earning capacity. The amounts awarded by the Tribunal under various heads are meager and inadequate. It is also contended that the rate of interest awarded is on the lower side and is to be enhanced. Hence, seeks enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 5. The learned counsel for the respondent submitted that the doctor was not examined. Considering the injuries sustained by the claimant, the Tribunal rightly awarded reasonable amounts under all heads and the same deserves to be confirmed. 6. As per Ex.P4-Wound certificate, the petitioner sustained the following grievous injuries: i. Left Zygomatic Maxillary complex fracture. ii. Orbital rim fracture + frontal bone depressed commuted fracture iii. Sutured lacerated wound on the left eye iv. Hematoma around the left eyeball v. Sutured lacerated wound on the left knee. 7. The Tribunal granted Rs.70,000/- towards pain and suffering and the said amount is confirmed. 8. The appellant was hospitalized for a period of eight days, as per the discharge summaries. This Court finds is reasonable to grant an amount of Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. - 5 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 The appellant might not have attended any other work at least for a period of four months due to the injuries sustained in the accident, therefore, this Court finds it reasonable to grant an amount of Rs.56,000/- (Rs.14,000/- x 4 months) towards loss of income during laid-up period. 9. As he received reimbursement under the ESI scheme, no medical expenses were granted. 10. Thus, the compensation awarded by this Court is as follows: 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.1,86,000/- as against Rs.1,24,000/- awarded by the Tribunal. The enhanced Particulars Amount in Rs. Pain and suffering 70,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 56,000.00 Total 1,86,000.00 - 6 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 compensation works out to Rs.62,000/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 14.09.2023 passed in MVC No.7591/2019, by the III Additional Small Causes Judge and ACMM at Bengaluru (SCCH-18), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.62,000/- (Rs.1,86,000/- minus Rs.1,24,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced - 7 - HC-KAR NC: 2026:KHC:14799 MFA No. 1640 of 2024 compensation of Rs.62,000/- with interest rate of 6% within one month from the date of this order. v. The Tribunal has ordered pay and recovery. As it is a case of no driving licence, the Insurance Company is directed to deposit the enhanced compensation. vi. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. vii. The Insurance Company is at liberty to recover the same from the owner of the offending vehicle, in accordance with law. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 21