- 1 - HC-KAR NC: 2026:KHC:22925 MFA No. 8459 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 8459 OF 2018 (MV-I) BETWEEN: SRI. LACHMEGOWDA S/O THIMMEGOWDA R/AT K SINGENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. SMT. JAYAMMA W/O NNAJEGOWDA @ PUTTASWAMYGOWDA R/AT GOORNAHALLI VILLAGE DOOR NO. 153, CHANNARAYAPATNA TOWN AND TALUK. 2. MANAGER UNITED INDIA ISNURANCE CO. LTD., MADHU COMPLEX, MYSORE ROAD, CHANANRAYAPATNA TOWN AND TALUK …RESPONDENTS (BY SRI. M.S. SRIRAM, ADVOCATE FOR R2; R1 - SERVICE OF NOTICE IS DISPENSED WITH VIDE COURT ORDER DATED 29.08.2024) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22925 MFA No. 8459 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07/09/2017, PASSED IN MVC NO.958/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNARAYAPATNA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 07.09.2017 passed in M.V.C.No.958/2015 by the Court of Senior Civil Judge, Channarayapatna (for short, ‘Tribunal’). 2. Heard Sri. Shripad V. Shastri, learned counsel for the appellant and Sri. M.S.Sriram, learned counsel for respondent No.2. Perused the material available on record. 3. The appellant met with a road accident on 07.01.2015 and sustained following fractures: - 3 - HC-KAR NC: 2026:KHC:22925 MFA No. 8459 of 2018 i) fracture of left tibia ii) fracture of left fibula iii) fracture of right tibia iv) fracture of right fibula v) severe facial injury vi) right eye injury and vii) head injury Injury Nos.1 to 7 are grievous in nature. 4. It is to be noticed that the appellant was provided treatment at Janapriya Hospital, Hassan as an inpatient from 07.01.2015 to 23.01.2015, from 02.04.2015 to 03.04.2015 and from 24.08.2015 to 27.08.2015 as an inpatient and undergone surgery. It is noticed that the appellant examined himself as PW.1 and got marked exhibits P1 to P24. The respondent did not adduce any evidence. The Tribunal considering the nature of fractures suffered and treatment provided, awarded the global compensation of Rs.1,85,000/- with interest at the rate of 9% p.a. - 4 - HC-KAR NC: 2026:KHC:22925 MFA No. 8459 of 2018 5. The material on record indicates that the appellant has not examined a doctor nor produced disability certificate. Hence, no compensation is awarded under the head of 'loss of future income due to disability'. It is to be noticed that the appellant has sustained more than four fractures and several injuries including a injury to the head. 6. Considering the said aspect, taking note of the discharge summaries at exhibits P6 to P8 and wound certificate at exhibit P3, I am of the considered view that instead of awarding meager compensation on some of the heads, ends of justice would be met, if additional compensation of Rs.50,000/- is awarded to the appellant- injured in addition to what has been awarded by the Tribunal. Accordingly, an additional compensation of Rs.50,000/- is awarded to the appellant-claimant. 7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The additional compensation amount of - 5 - HC-KAR NC: 2026:KHC:22925 MFA No. 8459 of 2018 Rs.50,000/- shall carry interest at the rate of 6% per annum from the date of petition till the date of payment excluding the interest for the delayed period of 274 days as per the order dated 15.01.2025. The respondent No.2 shall deposit the additional compensation along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. On such deposit, the additional compensation amount along with accrued interest shall be released in favour of the appellant-claimant. Registry shall draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 20