- 1 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 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. 5490 OF 2017 (MV-I) BETWEEN: SRI. MAHESHKUMAR P., S/O LATE PAPE GOWDA, AGED ABOUT 38 YEARS, R/AT GOPALAPURA VILLAGE AND POST, JAYAPURA HOBLI, MYSURU TALUK & DISTRICT-570 024. PRESENTLY STAYING AT: NO.2726, 2ND CROSS, UTTURAMMA NILAYA, K.G. KOPPALU, MYSURU – 570 026. …APPELLANT (BY SRI. DHEERAJ, ADVOCATE FOR SRI. SHIVARAMA BHAT O., ADVOCATE) AND: 1. SRI. SHIVANNA R., AGED ABOUT 55 YEARS, S/O LATE RAMACHAR, NO.26/2, SEWAGE FORM ROAD, VIDYARANYAPURAM, MYSURU – 570 148. 2. THE MANAGING DIRECTOR K.S.R.T.C., BENGALURU – 560 027. …RESPONDENTS (BY SRI. B.P. RADHA , ADVOCATE FOR R2; Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 VIDE ORDER DATED 04.04.2024 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:13.03.2017 PASSED IN MVC NO.302/2015 ON THE FILE OF THE JUDGE, PRINCIPAL SMALL CAUSES MACT, MYSURU, 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 13.03.2017 in MVC No.302/2015 passed by the Principal Small Causes and Motor Accident Claims Tribunal at Mysuru (‘Tribunal’ for short). 2. The parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 3. The date of accident, involvement of the vehicle, injuries suffered and the liability to pay compensation are not in dispute. The only dispute is with respect to the quantum of compensation. 4. Heard Sri.Dheeraj, learned counsel for Sri.Shivarama Bhat.O, learned counsel appearing for the appellant and Madam B.P.Radha, learned counsel appearing for respondent No.2. Vide order dated 04.04.2024, notice of this appeal to respondent No.1 is dispensed with. 5. In an accident occurred on 18.11.2014, the claimant-appellant suffered the following injuries: “(1) Right eye swelling and laceration over right fact CT Scan. (2) Sub archnoid hemorrhage, petechial hemorrhage suggestive of diffuse axonal injury, fracture of right zygomatic bone. (3) Abrasion over front of chest ‘ultrasound scan’, laceration of liver and CT Scan chest. Contusion of bilateral lower lobes. (4) MRI Spine, fracture of right transverse process of C7 (5) Laceration over right leg.” - 4 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 6. As per the evidence of doctor, the claimant was an inpatient for a period of 28 days and underwent surgery for ORIF-Right Zygoma/Maxilla and Arch Bar Fixation by Plastic Surgery team Tracheotomy on 20.11.2014. As per the doctor, the claimant-appellant suffered visual impairment of 20% and loss of smell and taste at 20% and residual Right sided weakness at 25%. Total body disability comes to 22%. 7. The Tribunal after going through the entire evidence placed before it was of the opinion that though the disability has been stated at 22%, considered the same at 7%. However, noting the fact that the claimant continued in service and is earning more than he was earning at the time of accident, not awarded any compensation under the head ‘Future loss of income due to injuries’. However, considering the entire case and injuries sustained, awarded a sum of Rs.4,81,000/- under various heads, along with interest at the rate of 6% per annum. - 5 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 8. Having gone through the entire materials placed on record, coupled with medical evidence and disability suffered, this Court is of the opinion that the compensation awarded under all the heads, except medical expenses are sparse and the same requires reconsideration. 9. Though, the learned counsel appearing for respondent No.2 opposes any enhancement on the premise that the Tribunal has considered entire case and awarded appropriate compensation, but the fact remains that the injury has resulted in disability causing impairment with visual, loss of smell and taste as well as right sided weakness. Considering these aspects of the matter, the compensation awarded under each head, except medical expenses, requires enhancement. 10. Accordingly, this Court proceeds to reassess the compensation awarded by the Tribunal as under: - 6 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of earning during the laid up period (30,000 X 3=90,000) 30,000-00 90,000-00 2. Medical expenses 2,71,000-00 2,71,000-00 3. Food and Nourishment expenses, conveyance and attendant charges 50,000-00 75,000-00 4. Pain, injuries and sufferings 30,000-00 1,00,000-00 5. Loss of amenities of life 1,00,000-00 2,00,000-00 TOTAL 4,81,000-00 7,36,000-00 11. On re-assessment, the claimant is entitled for re-assessed compensation of Rs.7,36,000/- as against Rs.4,81,000/- awarded by the Tribunal. Accordingly, there shall be enhancement of Rs.2,55,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. 12. 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 13.03.2017 in MVC No.302/2015 passed by the - 7 - HC-KAR NC: 2026:KHC:9289 MFA No. 5490 of 2017 Principal Small Causes and MACT, Mysuru, is modified and further enhanced to Rs.2,55,000/-; iii) Respondent No.2 shall deposit the entire enhanced compensation amount of Rs.2,55,000/- along with interest at the rate of 6% per annum from the date of petition till realization within six weeks from the date of receipt of a copy of this order. 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.: 5 ct-vn