- 1 - HC-KAR NC: 2026:KHC:25604 MFA No. 338 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 338 OF 2020 (MV-I) BETWEEN: TEJAMURTY M.E S/O LATE ESHWAREGOWDA AGED ABOUT 49 YEARS R/AT NO 436, CHANNAPATNA HOUSE BOARD OPPOSITE TO BUS STAND HASSAN - 573 128 ...APPELLANT (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) AND: 1. K. SRINIVASA S/O DASAPPA V R/AT SATTIGARAHALLI KOPALLU KARLE POST, KATTYA HOBLI HASSAN - 573 128 2. CHOLAMANDALAM COMPANY LIMITED 2ND FLOOR, DARE HOUSE NO.2, NSC BONE ROAD, CHENNAI - 600 001 REPRESENTED BY THE REGIONAL MANAGER CHOLAMANDALAM COMPANY LIMITED Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25604 MFA No. 338 of 2020 BRANCH, 5TH FLOOR GOLDEN RED COMPLEX, INDUSTRIAL SUB RUB RAJAJINAGARA BANGALORE - 560 010 ...RESPONDENTS (BY SRI. J.S. HALASHETTY, ADVOCATE FOR R2 NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2019 PASSED IN MVC NO.1572/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,40,000/- 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: - 3 - HC-KAR NC: 2026:KHC:25604 MFA No. 338 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Future medical expenses 30,000 3. Conveyance, food, nourishment, attendant charges, 30,000 4. Loss of amenities in life 35,000 Total 1,40,000 4. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.5,000/- towards 'loss of income during the laid up period'. 5. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. 6. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.55,000/- towards loss of amenities, as against the sum of Rs.35,000/- awarded by the Tribunal. - 4 - HC-KAR NC: 2026:KHC:25604 MFA No. 338 of 2020 7. The sums awarded under other heads of compensation by the Tribunal, remain unaltered. 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 50,000 75,000 2. Future medical expenses 30,000 30,000 3. Loss of income during the laid up period --- 5,000 4. Conveyance, food, nourishment, attendant charges 25,000 25,000 5. Loss of amenities in life 35,000 55,000 Total 1,40,000 1,90,000 9. Thus, the claimant is held entitled to the total compensation of Rs.1,90,000/- as against Rs.1,40,000/-, along with interest at the rate of 6% per annum from the date - 5 - HC-KAR NC: 2026:KHC:25604 MFA No. 338 of 2020 of petition till its realization. 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.: 0