- 1 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1137 OF 2016 (MV-I) BETWEEN: MR. SHEKAR S/O MONAPPA POOJARY, AGED ABOUT 52 YEARS R/AT SHIVAKRIPA,1-175/38, BHASKARA COLONY, KULAI, HOSABETTU,MANGALURU TALUK, D.K DISTRICT-575 006. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR. SATHISH S/O MUTHU, AGED ABOUT 44 YEARS R/AT BHARATHI NILAYA, NEAR SANTHOSH BAR, KULAI,MANGALURU, D.K-575 006. 2. THE NATIONAL INSURANCE CO.LTD 1ST FLOOR, ANAND BUILDING, KULAI, MANGALURU TALUK, D.K DISTRICT, REPRESENTED BY IT’S BRANCH MANAGER …RESPONDENTS (BY SRI. ASHOK KUMAR .V, ADVOCATE FOR R2, V/O DTD:05.03.2022 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.10.2015 PASSED IN MVC NO.1474/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & CJM AND MACT, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT A common order was passed by the I Additional Senior Civil Judge & CJM and MACT, VI, Mangaluru, D.K., (hereinafter referred as Tribunal) in MVC Nos.1474/2013 and 1480/2013 dated 19.10.2015. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 19.10.2015 passed in MVC No.1474/2013 by the Tribunal, for enhancing the compensation. 3. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 The ranks of the parties are retained as per tribunal for the sake of convenience. 4. The injured claimant met with an accident on 14.09.2013 and filed claim petition claiming compensation of Rs.4,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.40,342/- along with interest rate of 6% per annum from date of petition till realization. 5. Aggrieved by the said award, the injured claimant preferred an appeal and mainly contended that he sustained the grievous injury and took treatment as inpatient from 14.09.2013 to 20.09.2013. The Tribunal granted meager amounts under the other heads. As per the evidence of doctor, he has assessed permanent disability of 7% to the left upper limb and thus higher compensation should have been granted for loss of amenities. He was aged 49 years and was working as an Engineer at NMPT and drawing salary of Rs.75,000/-. As per leave certificate he availed medical leave for a period - 4 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 of 52 days. Though he received salary during that period, he lost the leave facility. Therefore, the Tribunal ought to have granted amount under the head loss of leave. Further contended that the rate of interest granted at 6% is on lower side. Hence, requested for enhancement of the compensation. 6. Learned counsel for respondent has stated that though petitioner filed the said documents, he has not examined the competent person to prove the documents and mere filing of the documents is not sufficient. The tribunal rightly considered all the aspects and granted the compensation. Petitioner stated that he was aged 49 years working as an Engineer at NMPT and getting a salary of Rs.75,000/- per month, to prove the same he filed documents under Ex.P12/salary bill and Ex.P14/salary certificate. He met with an accident on 14.09.2013 and then was admitted in the hospital as an inpatient for a period of 7 days. He sustained injury diffused swelling and deformity around left wrist and underlying fracture of - 5 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 lower end of radius and other injuries all over his body and his minor daughter sustained abrasions over tip of the left shoulder, abrasion over back of left elbow, abrasion over outer aspect of left knee, contusion over outer aspect of right upper thigh, contusion over left side of the head just above the ear with underlying fracture of left temporal bone and other injuries all over her body and immediately they were shifted to A.J. Hospital, Mangaluru. Then they filed another application for the injuries sustained by his daughter. He filed medical bills only for an amount of Rs.5,342/-. PW2/doctor assessed permanent disability as 7% to the petitioner’s upper limb. The tribunal observed that 1/3rd of the same comes to 1.5% permanent disability. He was taken to the hospital and surgery was conducted. Internal fixation was done for fracture of left radius. Considering the nature of injurious sustained by him and the disability assessed, as he sustained one fracture injury, this court finds that it is just and reasonable to grant an amount of Rs.40,000/- for pain - 6 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 and suffering, Rs.20,000/- for loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant chavb rges. Petitioner availed 52 days leave as per Ex.P13 leaves certificate. As he was getting a salary of Rs.75,000/- per month, one day salary comes to Rs.2,500/- and Rs.2,500 x 52 days = Rs.1,30,000/- is to be granted for loss of income during leave period. The counsel of the petitioner relied upon the citation of this court Dharwad bench, in MFA. No.25282/2012 dated 03.02.2017 in which it was clearly held that the petitioner availed earned leave for 6 months and though there was no loss of income during the leave and received the salary, he lost leave encashment facility for the said period. Even in this case, he availed leave on medical grounds for 52 days. Therefore, this court finds that it is just and reasonable to grant an amount of Rs.1,30,000/- towards loss of income during leave period. The tribunal granted Rs.5,342/- towards medical expenses and the said amount is confirmed. - 7 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 Hence, the compensation granted by tribunal is enhanced from Rs.40,342/- to Rs.2,25,342/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award passed by the I Additional Senior Civil Judge & CJM and MACT, VI, Mangaluru, D.K., in MVC Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 40,000 2 Loss of amenities 20,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Loss of income during leave period 1,30,000 6 Medical expenses 5,342 Total 2,25,342 - 8 - HC-KAR NC: 2026:KHC:28413 MFA No. 1137 of 2016 No.1474/2013 dated 19.10.2015, is modified. iii. The claimant is entitled for a sum of Rs.2,25,342/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.40,342/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,85,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV, CT:NR List No.: 1 Sl No.: 50