- 1 - HC-KAR NC: 2026:KHC:26133 MFA No. 5436 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO 5436 OF 2021(MV-I) BETWEEN: MR. PUNEETH AGED ABOUT 20 YEARS S/O PUSHPAKARA R/AT KOREJJI HOUSE PUDUVETTU VILLAGE SAMODAKALPU POST BELTHANGADY TALUK …APPELLANT (BY SRI. RAJARAMA S, ADVOCATE) AND: 1. MR. SHEKARA AGED ABOUT 28 YEARS S/O BASAPPA GOWDA R/AT KOREJJI HOUSE PUDUVETTU VILLAGE BELTHANGADY TALUK, D.K 2. THE UNITED INDIA INSURANCE COMPANY LTD SALDANA BUILDING BALMATTA, MANGALORE (POLICY NO. 0729033118P1103602376/1) …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26133 MFA No. 5436 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.08.2021 PASSED IN MVC NO.1399/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, BELTHANGADY, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.54,825/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 25,000 2. Medical expenses 27,625 - 3 - HC-KAR NC: 2026:KHC:26133 MFA No. 5436 of 2021 3. Conveyance, food, nourishment, attendant charges 2,200 Total 54,825 4. I have perused the evidence on record. The same depicts that the claimant has sustained left knee fracture. Having regard to the nature and gravity of the injury sustained by the claimant and also having regard to the age of the claimant, he would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 5. The sum awarded as medical expenses at Rs.4,365/-, being based on documentary evidence, do not call for modification and hence confirmed. 6. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.10,000/- as against the sum of Rs.2,200/- awarded by the Tribunal. - 4 - HC-KAR NC: 2026:KHC:26133 MFA No. 5436 of 2021 7. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.10,000/- towards loss of amenities. 8. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 25,000 40,000 2. Medical expenses 27,625 27,625 3. Conveyance, food, nourishment, attendant charges 2,200 10,000 4. Loss of amenities in life --- 10,000 Total 54,825 87,625 9. Thus, the claimant is held entitled to the total compensation of Rs.87,625/- as against Rs.54,825/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 5 - HC-KAR NC: 2026:KHC:26133 MFA No. 5436 of 2021 10. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 54