- 1 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5820 OF 2023 (MV-I) BETWEEN: SMT. MYTHRI W/O LATE MANJUNATH AGED ABOUT 35 YEARS R/OF NERA ROAD HOSPETE, JANGAMAKOTE CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SRI. KAILAS SHANKAR P S, ADVOCATE) AND: 1. SRI. MUNIRAJU K M S/O MUNIYAPPA MAJOR R/OF No. 40, KAMMASANDRA VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 2. THE MANAGER HDFC ERGO GEN. INSURANCE CO. LTD., REGIONAL OFFICE, No. 25/1, 2ND FLOOR BUILDING, No.2 SHANKARANARAYANA BUILDING, No. 1, M.G.ROAD, BANGALORE – 560 001. …RESPONDENTS (BY SRI H S LINGARAJ, ADVOCATE FOR R2 V/O DATED 28.8.2023 NOTICE TO R1 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.01.2023 PASSED IN MVC No.2239/2020 ON THE FILE OF VIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, (SCCH-5), BENGALURU, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the appellant – claimant seeking enhancement of compensation awarded in the judgment and award dated 12.01.2023 passed in MVC No. 2239/2020 by the VIII Additional Small Causes Judge and MACT (SCCH 5), Bengaluru. 2. Appellant - claimant filed a claim petition for grant of compensation for the injuries sustained by him in a road traffic accident which took place on 03.03.2020. Appellant - claimant contended that the accident took place due to the rash and negligent driving of the LGV vehicle bearing registration No. KA53-D-2385. The - 3 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 Tribunal, appreciating the evidence on record has awarded compensation as under: SL.No. Head of Compensation Amount in Rs. 1. Loss of future income 1,39,200-00 2. Pain and sufferings 15,000-00 3. Conveyance, nourishment and attendant charges 15,000-00 4. Medical Expenses 600-00 5. Loss of amenities in life 15,000-00 6. Loss of income during laid up period 14,500-00 Total 1,99,300-00 3. The Tribunal has awarded interest at the rate of 6% p.a. from the date of petition till its realization. The Tribunal has held that respondent No.1 - insurer (therein) is liable to pay the award amount with interest. The insurer has not challenged the impugned judgment and award. The accident and liability of the insurer is not in dispute. 4. Learned counsel appearing for appellant - claimant would contend that claimant was an agricultural - 4 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 coolie worker and due the accident he is not able to do his agricultural coolie work as he was doing prior to the accident. P.W.2 – Doctor has assessed the disability of the whole body at 9% and the Tribunal erred in taking the disability at 5%. The compensation awarded for pain and suffering, loss of income during laid up period and loss of amenities is on lower side. With this, he prayed to allow the appeal. 5. Learned counsel for respondent No.2 - insurer would contend that the Tribunal has rightly taken the disability at 5% since the Doctor who issued the disability certificate – Ex.P.10 is not the treated Doctor and fracture is united. Compensation awarded under the other heads is just and proper. 6. Having heard the learned counsel for the parties this Court has perused the impugned judgment and award and the trial Court records. 7. On perusal of the material on record the following points arise for consideration in this appeal: - 5 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 i) Whether the Tribunal is justified in taking the disability at 5% even though the Doctor has stated the disability of the whole body as 9%? ii) Whether the award of compensation for pain and suffering, loss of income during laid up period and loss of amenities is on the lower side? 8. ON POINT No. i). Wound certificate – Ex.P.4 and discharge summary – Ex.P.6 indicate that the appellant - claimant has sustained left superior and inferior pubic rami and fracture with public symphysis diastasis. P.W.2 is the Doctor who clinically examined the appellant - claimant and issued Ex.P.10 – disability certificate. P.W.2 is not the treated Doctor. P.W.2 has assessed the disability of the lower limb at 27% and disability of whole body at 9%. P.W.2 has admitted that fracture is united. Considering the fact that P.W.2 is not the treated Doctor and fracture being united, the disability - 6 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 taken by the Tribunal at 5% is proper and accordingly, the said point of answered. 9. ON POINT No. ii) Ex.P.6 – discharge summary indicates that the appellant - claimant was admitted in the hospital on 04.03.2020 and discharged on 07.03.2020. Appellant - claimant has sustained a facture. Considering the nature of the said fracture which is noted supra, the award of compensation for pain and suffering and loss of amenities in life in a sum of Rs.15,000/- is on lower side and the appellant - claimant is entitled for Rs.30,000/- each under the above heads. 10. The Tribunal has awarded loss of income during laid up period only for one month. Considering the fact that appellant - claimant had suffered fracture and he had been admitted in the hospital for 4 days, loss of income during laid up period has to be awarded for a period of three months. Considering the same, the appellant - claimant is entitled for a sum of Rs.43,500/- as against Rs.14,500/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 11. Considering the above aspects, the appellant - claimant is entitled for total compensation as under: SL.No. Head of Compensation Amount in Rs. 1. Loss of future income 1,39,200-00 2. Pain and sufferings 30,000-00 3. Conveyance, nourishment and attendant charges 15,000-00 4. Medical Expenses 600-00 5. Loss of amenities in life 30,000-00 6. Loss of income during laid up period 43,500-00 Total 2,58,300-00 12. The appellant - claimant is entitled for enhanced compensation of Rs.59,000/- (258300 – 199300) with interest at the rate of 6% p.a. from the date of petition till the date of realization. 13. In view of the above, the following; O R D E R A. The appeal is allowed in part. B. The appellant - claimant is entitled to enhanced compensation of Rs.59,000/- with interest at the - 8 - HC-KAR NC: 2026:KHC:27300 MFA No. 5820 of 2023 rate of 6% p.a. from the date of petition till the date of realization. C. Respondent No. 2 – insurer shall deposit the enhanced compensation amount with interest within a period of four weeks from this day failing which it is liable to pay interest at the rate of 9% p.a. from this day till the date of payment. D. The appellant - claimant is entitled for release of entire compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 66