- 1 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4961 OF 2023 (MV-I) BETWEEN: 1. SURAJ KUMAR RAUT S/O DILIP RAUT AGED ABOUT 26 YEARS RESIDING AT: NAGAPPA BUILDING VINAYAKA NAGAR HEBBAGODI, ATTIBELE, ANEKAL BANGALORE URBAN NATIVE ADDRESS: RAM MANDIR ROAD JHOSAGADI, DEOGHAR JHARKHAND. …APPELLANT (BY SRI SREENIVASAIAH A, ADVOCATE) AND: 1. N. VAMSI SRAVAN S/O N GANDHI FLAT No. 004, GROUND FLOOR PVR MITRA APARTMENT LANDBEADING SURYA No.291/2 BEGUR, BENGALURU – 560 068. 2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., D O :3, No. 9/2, 2ND FLOOR MAHALAKSHMI CHAMBERS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 M G ROAD BENGALURU – 560 001. …RESPONDENTS (BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R2 V/O DTD. 24.7.2023 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.12.2022 PASSED IN MVC No.2160/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 22.12.2022 passed in MVC No.2160/2020 by the III Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-18) 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 learned counsel for the appellant and learned counsel for respondent No.2/insurer. 3. The appellant/claimant made a claim petition for the injuries sustained by him in a road traffic accident occurred on 03.06.2020 contending that the accident occurred due to the rash and negligent driving of the rider of the motor cycle bearing Regn.No.KA-01-JA-7139. The Tribunal recorded the evidence and appreciating the evidence assessed the compensation under different heads and awarded compensation as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 75,000.00 02. Loss of income during laid up period and rest period 21,750.00 3. Medical expenses 1,72,363.00 4. Attendant, nourishment and conveyance charges 10,000.00 5. Loss of future income 5,63,760.00 6. Loss of amenities 30,000.00 7. Future medical expenses 30,000.00 Total 9,02,873.00 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed - 4 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 respondent No.2/insurer to pay the award amount with interest. The claimant seeking enhancement has filed the present appeal. 5. Heard the learned counsel for the appellant and learned counsel for respondent No.2. 6. Learned counsel for appellant would contend that PW.2 – Doctor has stated that the claimant has sustained 54% disability of particular limb and 27% of whole body and Tribunal erred in taking disability of whole body at 18%. Considering the injuries sustained by the appellant stated in Ex.P4 – wound certificate, the compensation awarded for pain and suffering and loss of amenities are on lower side. Considering the injuries sustained the claimant has to take rest for six months and therefore, he is entitled to loss of income during laid up period for six months as against 1½ month awarded by the Tribunal. The claimant was admitted in the hospital for 11 days. Therefore, he is entitled for enhancement towards - 5 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 attendant charges and conveyance charges. The Tribunal has awarded future medical expenses in a sum of Rs.30,000/-. The claimant has produced medical bills along with I.A.1/2024 containing expenses incurred by the appellant for undergoing surgery for removal of implants at Rs.88,241/- Therefore, the claimant is entitled to Rs.58,241/- towards future medical expenses after deducting Rs.30,000/- already awarded. With this he prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the Tribunal has rightly taken the disability i.e. 1/3rd of particular limb as deposed by PW.2 – Doctor. PW.2 is not a treated Doctor. The compensation awarded by the Tribunal under all the heads are just and proper. The Tribunal has already awarded Rs.30,000/- towards future medical expenses. Considering the bills produced, the Court can award some more amount towards future medical expenses. He further submits that claimant is not entitled to interest on future medical - 6 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 expenses as done by the Tribunal. With this he prayed to dismiss the appeal. 8. Having heard the learned counsels, the Court has perused judgment and award and other materials placed on record. 9. The claimant has sustained several injuries as noted in Ex.P4 – wound certificate and they are as under: • Sutured wound over right temporal region of scalp measuring 9 cms in length CT Head (done out side) shows right parietal sulcal SAH. • Abrasion over right lower chest measuring 7 cms and 3 cms CT Abdomen shows liver laceration. • Tenderness, swelling and deformity over right thigh, X-ray shows fracture of right femur supra condylar. • Tenderness, swelling and deformity over right ankle, X-ray shows; right medial and malleolus fracture. 10. PW.2 –doctor has given evidence with regard to the injuries sustained by the claimant and they are as under: • Right femur supra condylar fracture - 7 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 • Right medial malleolus fracture • Right parietal sulcal SAH and • Grade IV liver laceration. 11. Considering the said injuries, the compensation awarded by the Tribunal for pain and suffering requires to be enhanced from Rs.75,000/- to Rs.1,00,000/- and loss of amenities from Rs.30,000/- to Rs.75,000/- 12. The claimant has been admitted in the hospital for 11 days and therefore, he is entitled to a sum of Rs.11,000/- (Rs.1,000 x 11) towards attendant and conveyance charges as against Rs.10,000/- awarded by the Tribunal. 13. Considering the injury sustained the claimant has to take rest atleast for a period of three months and therefore, he is entitled to loss of income during laid up period for three months in a sum of Rs.43,500/- (Rs.14,500 x 3) as against Rs.21,750/- awarded by the Tribunal. The Tribunal has rightly awarded a sum of - 8 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 Rs.1,72,363/- towards medical expenses. Considering that the claimant has to undergo surgery for removal of implants, the Tribunal has awarded a sum of Rs.30,000/- towards future medical expenses. The appellant/claimant has now produced several documents with regard to he undergoing surgery for removal of implants. The total cost incurred for removal of implant is Rs.88,241/-. The Tribunal has already awarded Rs.30,000/- towards future medical expenses. However, considering the medical bills produced by the appellant/claimant, he is entitled to another sum of Rs.30,000/- towards future medical expenses. The claimant is not entitled to interest on the future medical expenses awarded by the Tribunal and also by this Court. 14. The Doctor who has examined the claimant has assessed his disability at 54% of particular limb and stated that the disability to the whole body is 27%. PW.2 is not a treated Doctor. 1/3rd of the disability to the particular limb has to be taken as disability to the whole body. - 9 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 Considering the said aspect, the Tribunal has rightly taken the disability at 18%. Considering the said aspect the compensation awarded by the Tribunal towards loss of future income in a sum of Rs.5,63,760/- is proper. In view of the above, the claimant is entitled to total compensation under different heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 1,00,000.00 02. Loss of income during laid up period and rest period 43,500.00 3. Medical expenses 1,72,363.00 4. Attendant, nourishment and conveyance charges 11,000.00 5. Loss of future income 5,63,760.00 6. Loss of amenities 75,000.00 7. Future medical expenses (Rs.30000/- awarded by the Tribunal and Rs.30,000/- awarded by this Court) 60,000.00 Total 10,25,623.00 15. The claimant is entitled to enhanced compensation of Rs.1,22,750/- (Rs.10,25,623- Rs.9,02,873) with interest @ 6% p.a. from the date of petition till realization. The claimant is not entitled to interest on future medical expenses. Respondent No.2 / - 10 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 insurer is liable to pay the enhanced compensation with interest. In view of the above, the following: ORDER (I) The appeal is allowed in part. (II) The appellant/claimant is entitled to enhanced compensation of Rs.1,22,750/- with interest @ 6% p.a. from the date of petition till realisation. (III) The appellant/claimant is not entitled to interest on Rs.30,000/- awarded towards future medical expenses by this Court. (IV) Respondent No.2/insurer shall deposit the enhanced compensation within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment. - 11 - HC-KAR NC: 2026:KHC:32133 MFA No. 4961 of 2023 (V) The appellant/claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 8